Car reversing out of driveway. Who was wrong?

[DontOpenDeadInside]

Walking my dog yesterday and had my earphones on listening to an audio book. She (dog) was slightly ahead of me on extended lead cue loads of posters telling me iabu to use one. Next thing i know a car reversed into me, luckily i realised in the nick of time and jumped forward so it missed me (did very slightly touch my coat). I just gave the guy "the look" and continued on. But when i was telling my nan later on, she said it was my fault for having the earphones on and not being able to hear the engine. I was more grateful i wasn't a few seconds later as he would have went over my dog! I don't think i could of dragged her away as quick as she walks closer to the wall than me. So who was bu? Me or driver?

Definitely the driver!

Btw the garden wall is only about 3ft, so totally clear visibility.

Er, no! The driver needs to edge out slowly and watch where he's going! (Or, ideally, reverse in and drive out forwards).

Both of you are wrong. If your walking past somewhere that you know cars can come from you keep an eye out. The driver should of checked better.

The driver, but you should be able to hear the traffic as well.

It's the driver's fault. Pedestrians have priority on pavements.

Both of you.
The driver should reverse into the driveway really and should have been looking more carefully.
However, you have some responsibility, too. I both run and walk the dog with earphones in and I make especially sure that I am looking around more for vehicle movement as I am one sense down.

Driver's fault. They should have been looking. It is also best practice to reverse in to drives and drive out.

However, your nan does have a point that if you didn't have headphones on and were generally paying attention to your surroundings, you would have reduced your risks with regards to fuckwit drivers.

I think you both are in the wrong.

People need to take responsibility. Car should have exercised more caution although it's possible you were in his blind spot. You need to look around you, be aware of noise etc.

Dogs should be at heel. Ought not to be on an extended lead in a built up area.

As a pedestrian you ought not to be dog walking and listening to an audio book where there is traffic.

(This annoys me no end- in town, I was almost tripped up by a stupid dog owner whose dog was way ahead of her but behind me and the dog and lead almost got tangled in my ankles and tripped me up.)

Think of your dog like a child- would you allow a child on reins to walk in front and be at risk from drivers not looking?

Both. Very silly to have earphones in both ears and be unable to hear. You are making yourself vulnerable.

If your headphones are so loud that you can't hear a car close enough to touch you then they are too loud, you will damage your hearing!

As someone with hearing loss this is not fun, turn them down!

Driver's fault, he should have checked carefully especially as he crossed the pavement as you have right of way on it.

That said I'm always cautious walking down our road as loads of people reverse out of their driveways without checking properly so I wouldn't be wearing something that impeded my hearing.

So if the driver had hit a deaf person would it have been their fault too? A car hitting a pedestrian is 99% of the time deemed to be the driver's fault due to the relative vulnerability of both parties necessitating more care from the driver. A car reversing that strikes any object is likewise considered at fault because cars in forward gear have right of way. And pedestrians automatically have right of way over cars. So, basically, it's the driver's fault, though that wouldn't have been much comfort if they'd hit you or run over your dog.

The driver. That could easily have been a small child. Yes, if you'd not had headphones you might have heard him, but it's the drivers responsibility.

He should reverse onto his drive as well.

What if i was deaf?

The driver should drive out so he can see where he's going. So mainly his fault.

But personally I don't wear headphones in built up areas, I take at least one out so I can hear what's going on.

You're not deaf. And presumably, deaf people pay closer attention to their surroundings when out walking, to help keep themselves safe.

*Btw the garden wall is only about 3ft, so totally clear visibility

So why didn't you see the car reversing??
I think you're both in the wrong though

If my dog was at heel, she would have been hit. And it was the last house before a big field, no other pedestrians around. My headphones weren't that loud, although admittedly, I'd turned them up 1 extra compared to normal as the wind was blowing.

The driver was in the wrong.

You are entitled to wear your headphones. That said, it does worry me how oblivious some people seem to become when wearing them so your grandma could have a fair point, but the main responsibility is on the driver to check thoroughly before just easing gently out.

But your not deaf. You do need to take responsibility for yourself. How fast was he reversing out?

Having the dog on an extended lead along a road with driveway is daft

He reversed pretty quickly. I'm actually really surprised he didn't hit me. He wasn't edging out.

Having the dog on an extended lead along a road with driveway is daft

But if she wasn't on an extended lead, she'd have been hit-definitely.

how horrible for you