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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

I've just hit someone with my car. He's ok, but was I at fault?

321 replies

LimeLeaf · 25/04/2016 16:52

Just to say first that I was going less than 5mph and he walked away relatively(?) unhurt but I'm very upset about it and wondering if I was at fault.

I was at the bottom of a road which is very steep, at the junction where it meets a very busy main road. I was turning left onto the main road and looking right for a gap in the traffic. I'd been waiting a minute or so.

A car appeared on the main road and stopped, waiting to turn right onto the road I was on. A lorry to my right then stopped on the main road and gave way to allow me to turn left in front of him and the car on the main road to turn right past him onto the road I was on.

I started to release my foot from the brake as its a very steep road so I could roll forward before putting my foot on the gas. The car started moving forward and the man was right in front of my car and it hit him. He must have been on the pavement to the left of me and had tried to cross in front of my car but I didn't see him because I was looking right. He must have been walking quickly because he was already half way across the front of my car and I was already looking forward when I began to take my foot off the brake. As soon as I saw him I put my foot back down on the brake hard. I had moved maybe 3-5 inches but as he was walking so close to my car, it hit him.

He stumbled but kept walking across and then looked back at me and started shouting whilst I sat there in complete shock. The lorry waited for me to set off again even though I was shocked and nervous to drive immediately. He then turned around and kept walking.

I'm so upset about this. I've never hit anyone with my car before and feel very bad about it. Was I at fault do you think or was the man? Is there anything I need to do now?

OP posts:
angelos02 · 26/04/2016 10:05

Was he wearing headphones? I am amazed at how often people are in their own world and not watching what is going on around them - just stepping into the road without even checking whether it is clear.

Oysterbabe · 26/04/2016 10:09

This is what you say in your post

He must have been on the pavement to the left of me and had tried to cross in front of my car but I didn't see him because I was looking right.

You can change your story now if you like to make it more favourable to you but I think it would be better if you just accepted some responsibility.

Original poster
LimeLeaf · 26/04/2016 10:10

Quite possibly angelos. He was wearing a tracksuit with the hood right up around his head so I couldn't see but I think the hood will have obscured his vision once he'd stepped off the pavement. It's probable that he wasn't looking at me either because in theory he will have been watching the vehicle turning right so he could time his crossing with that vehicle. My theory is that he believed my car was stationery as he approached but I was already moving at the point he crossed.

OP posts:
angelos02 · 26/04/2016 10:13

While I can see the point of many of the posters on here & legally, you were in the wrong but I do think pedestrians should also have responsibility to check what is going on around them too.

BoboChic · 26/04/2016 10:13

It sounds as if a pedestrian walked out in front of your car when you were about to turn and the pedestrian ought to have known this.

BoboChic · 26/04/2016 10:15

It sounds very upsetting, OP, but if the pedestrian walked in front of your car while you were driving he is an idiot!

Original poster
LimeLeaf · 26/04/2016 10:15

Oysterbabe, what I meant by that was that he must have been on the pavement as I approached the junction but further down and I wasn't looking right down the street. You can't see the pavement until you're very close as the wall (10ft+) obscures everything until you're at the bottom. I was sitting there for a minute or so looking right at the oncoming traffic. I checked that nobody was there when I was coming to the bottom. I also presumed that he must have been stood there waiting whilst I was checking the traffic but my daughter has confirmed that he was walking the whole time and didn't stop.

OP posts:
Original poster
LimeLeaf · 26/04/2016 10:21

This is the road. You can't see anything until you're very close to the bottom so you have to crawl very slowly the whole way.

I've just hit someone with my car. He's ok, but was I at fault?
OP posts:
GreyAndGoldInTheMeadow · 26/04/2016 10:22

It's not just people who are waiting to cross that you must look for but people approaching junctions that could potentially end up in front of your vehicle. If there is a wall blocking your view then it is a blind junction which means you have to take extra care to ensure its safe to continue. Obviously he is a total twat to cross the way he did but as the driver it is your responsibility to look out for twats because there are millions of them out and about. You can argue and argue but you did not see him because you didn't look carefully enough before allowing your car to move.

BoboChic · 26/04/2016 10:22

Where did the pedestrian come from - left or right?

Original poster
LimeLeaf · 26/04/2016 10:26

He came from the left Bobo.

I was already next to the pavement and he wasn't there. I was watching the lorry, the vehicle turning right and the road in front and to the left when I started to release my foot from the brake. At no point was he in my line of vision. He must have been going very fast to have ended up where he did.

OP posts:
howmanyairmiles · 26/04/2016 10:27

Op i would recommend getting some advanced driver training and improving your awareness on the road. There are a number of techniques that will improve your driving skills and make the roads that bit safer.

One simple technique that the Police advanced drivers use is to give a running commentary about whats happening and any potential risks as they drive as it improves their hazard perceptions skills and awareness.

Like this

Original poster
LimeLeaf · 26/04/2016 10:33

Thanks for the suggestion how. I've been driving 13 years, never had an accident before except scraping a stationary and empty vehicle whilst trying to parallel park a few years ago which cause a 5" scrape to the paintwork. Don't have any points on my licence, never have done. This is why the whole thing has been so upsetting. I'm a very careful driver which is why I can't work out why this happened.

OP posts:
funniestWins · 26/04/2016 10:38

I was sitting there for a minute or so looking right at the oncoming traffic. I checked that nobody was there when I was coming to the bottom. I also presumed that he must have been stood there waiting whilst I was checking the traffic but my daughter has confirmed that he was walking the whole time and didn't stop

But you should have checked again after the driver let you out. What he did was foolish (pedestrian) but it's still your fault. The sooner you realise this the better. Arguing it wasn't your fault is a little worrying as you're in charge of a car.

If you had got him with the corner of the car nearest to where he'd come from, it could be argued that you simply didn't have time to stop / it was his fault. The fact he was already "in front of you" means you should have seen him.

I was already moving when he decided to cross. I had checked when I approached the junction. There was nobody there

But you should check again before you move forwards.

I do resent the notion that I was 'lucky' it wasn't worse in the sense that it was by sheer chance rather than my driving skills that avoided a worse accident

That's the very definition of 'lucky', isn't it? It was chance that saved him and not your (lack of) driving skills.

Please stop trying to suggest it wasn't your fault and learn from your mistake. Also, relax. You've reported it. Whether that was necessary is a moot point. I doubt that you'll ever hear anything about it again. You have insurance, a licence and didn't go racing off.

I'm fairly sure there's a hazard awareness app for iOS and Android. Perhaps download it. This is a sensible suggestion, not a dig.

Happy driving.

funniestWins · 26/04/2016 10:41

This is why the whole thing has been so upsetting. I'm a very careful driver which is why I can't work out why this happened

It's been explained over and over again how this happened. You didn't see him because you were concentrating on pulling out.

Jemappelle · 26/04/2016 10:52

You started moving your car to the left without actually looking to the left last thing before releasing the break?

It's the first lesson in driving. Look last thing for a final check before you start to move your vehicle

It doesn't matter really what drama was unfolding on the right. What you were looking at or not. So that is irrelevant. There could have been Prince walking on your right or dinosaurs chomping down a man.

You started releasing your vehicle towards the left without looking.

Nobody's fault but your own.

foxysteph · 26/04/2016 11:12

You should tell the police and your insurer. Just in case of comebacks. Best to be as transparent as possible (as you have been telling all us) but don't beat yourself up. There are a million reasons why we don't all concentrate as much as we should and it could have been so much worse. And for sure it won't happen again because you'll be on red alert at all such times in future. Message learned.

exaltedwombat · 26/04/2016 11:13

It was your fault. You were (both) lucky. You should check your path is clear before moving forward. He would be well advised to catch the eye of the driver before crossing in front of a car. Because you score no points for being in the right, but dead.
Never wave anyone across. That makes it YOUR fault if someone else hits him.

howmanyairmiles · 26/04/2016 11:13

I've been driving 13 years, never had an accident before except scraping a stationary and empty vehicle whilst trying to parallel park a few years ago which cause a 5" scrape to the paintwork. Don't have any points on my licence, never have done. This is why the whole thing has been so upsetting. I'm a very careful driver which is why I can't work out why this happened.

Not having points or having a bump doesn't make you a good or safe driver my Uncle would say the same, and lord knows how many accidents he has caused as he is only aware of 6" in front of his bumper, in this instance your risk perception wasn't good enough, If I was approaching the junction I would be expecting pedestrians to appear and drive accordingly.

Driving is just like any other skill, you can get better at it. Please check out some advanced driver training whether free tutorials on youtube or the courses by IAM et al.

Cleo1303 · 26/04/2016 11:20

Technically it's your fault, but what an idiot to walk in front of a car so close to a junction and obviously likely to pull out.

It is as stupid as people who get off a bus and then cross in front of it never for a moment thinking that a car or bike could be overtaking.

ThumbWitchesAbroad · 26/04/2016 11:28

This is why I always tell my children to cross behind the first car at a junction, never in front of it.

You are technically at fault, but he should have been more aware as well, IMO.

angielou123 · 26/04/2016 11:28

Things like this happen so quick don't they? As none of us were there it's hard to say who was at fault, but as you are the one in charge of the vehicle, it falls to us to make sure it's safe. Nasty shock for you, but minimal harm done, hopefully you will never see him again. Put it behind you.

shillwheeler · 26/04/2016 11:28

Technically, you should have checked and looked both ways. But lots of mitigating factors, sounds like he was chancing it a bit and sounds like he was OK. I'd put it down to experience (easier said than done, I know) and try not to feel too shaken up. It's obviously shocked you, and it is one of those things that could happen to anybody. You were unlucky.

MackerelOfFact · 26/04/2016 11:31

I'm not sure most people would check over their left shoulder when turning right if you could see that the traffic ahead travelling in that direction had stopped though? I would have checked to my right to make sure a cyclist wasn't coming past the lorry, ahead to make sure nobody was overtaking the vehicle in front of me and there was enough of a gap, and then pulled out.

And surely as a pedestrian it's common sense that you pass behind the first vehicle at a junction if the traffic is at a standstill? Even if OP had allowed him to pass, he'd have been in the path of the car turning right anyway.

You both made errors in judgement obviously but I don't think it was 100% your fault.

MagratGarlikAgain · 26/04/2016 11:35

As others have said, from your description, it was your fault.

As I understand it, you should have stopped and exchanged details with the man though, because otherwise it would also be hit and run (you should at least have stopped to check he wasn't injured, rather than just assuming he wasn't). Not all injuries are noticeable at the time of an accident. Having not exchanged details, you should report to the police within 24 hours.

www.nopenaltypoints.co.uk/legal-rules-involved-traffic-accident.html