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?

You're not deaf, though.

But you should have been looking. Id the wall was only three feet high, your argument that he should have seen you can easily be reversed - why didn't you see him?

The danger of wearing headphones is that you become distracted by whatever you're listening to and don't pay as much attention to your surroundings.

Yes, if you were injured, he'd be liable but you need to take care as well. You can't just wander along in a daydream without looking where you're going and watching out for cars or traffic.

Driver was wrong - you shouldn't reverse, especially onto a pavement, without checking your exit is clear

If your dog was at heel how would they have been hit? Surely if your dog was ahead of you- as you said- it would be the first to be hit by the car?

It is possible the driver did not see the dog if it was ahead of you - how far ahead?

It would have been in the driver's blind spot. He could have seen you and not known there was also a dog (if it's a small dog.)

As a pedestrian you have to look and listen for cars (reversing out of drives). As a driver you have to look carefully before reversing. Both parties can make errors but if you weren't concentrating and allowing your dog to 'lead' then you can't be angry at someone else not taking due care - when you weren't doing the same yourself!

Driver's fault but you still have a responsibility to be aware of your own surroundings. It not being your fault wouldn't be much comfort if you were injured.

To my knowledge, if you are reversing from a driveway then you are responsible. It's different if you are moving forwards.

To set the scene. I was walking up my road which has very few 'usable' drives, most are rusted shut. The i turn the corner where there are 2 houses, 1st one no drive then the one in question, then big field/forest. I can still hear a bit with headphones on, i think his car must have been idling a while (background noise) as i think i would have heard it starting up.

Though if you think iabu, then i will make sure in future i wait until i get to the field. (Can't take one earphone out as they are over the head ones)

The driver should have reversed carefully checking his exit was clear. However I do think when you're walking along a built up area you do have to take some responsibility to be aware also.

I am terrified of doing this - the way my neighbours are currently parking means I can no longer reverse onto my drive. I inch off like a snail 😭

You are not being responsible wearing headphones when walking a dog. Even in the countryside you need to be aware of horses, other dog owners and cyclists. DH has almost had accidents with dog walkers who don't hear him approaching (as a cyclist) due to them wearing headphones.

Waking along the pavement it is absolutely your right of way.

But it's still a driveway - you shouldn't really wander out in front of them without looking first.

Ok so dog is already across the driveway, i am halfway across when driver starts reversing, i was about 3/4 of the way when i realised and jumped the last 1/4. If dog was at heel she'd have been on my inside (i always have her on my inside) so the car would have hit her at 3/4 of the way as i would not have been able to drag her in time.

You never said you were nearly all the way across at the beginning - bit of w drip-feed there.

This is all very silly.

Both pedestrians and drivers are equally responsible. Drivers can make errors. In a court I am sure some blame would be apportioned to you for not taking due care and attention when out walking.

The driver has full responsibility here
He shouldn't be reversing outbid his drive
He shouldn't be nearly hitting pedestrians who presumably have right of way

The driver was absolutely in the wrong. He was crossing a pedestrianised area - the pavement- so it was his responsibility to make sure his way was clear before proceeding. That said, for your own self-protection you might want to take more care and be more aware of your surroundings. There is little merit in being right from a hospital bed/pet cemetery.

Oh do get a life OP!

How many of us have never ever had to jump out of the way of a car reversing out of a drive.

Is it really worthy of asking people on social media?

I think the truth is you are trying to be seen as reasonable when you know you were partly in the wrong for wearing headphones.

I have to say, i am usually the most observant person going. The audio book isn't even that good, so it was a momentary lapse of concentration. But lesson learned!

Looking where you are going also applies to pedestrians too though surely? Even if just in a keeping yourself safe sense.

If your passing a driveway surely you look and listen to make sure it's safe?

We have a hybrid car and it doesn't make any noise when going slowly
People in car parks often walkout in front of us

Most people seem to think that low volumes on headphones are good enough. But the real problem is the distraction caused i.e. Paying attention to what's on the headphones than what's in your surroundings. I find it unnerving to walk & cross roads even at lights if I have headphones on. I feel a bit disoriented and unaware of something driving at me out of the blue. Perhaps that's just me, but I do find that headphones are as much a distraction to pedestrians & cyclists as is talking on the phone while driving. Being on the road in a shared space requires undivided attention (which the law seems to disagree with me on).

In your case I think most of the fault was with the driver for not looking properly, but blind spots are always possible & most people walking in your place would've heard the car starting/moving & stopped beforehand or dashed past. Avoidable in many ways.

Drivers fault but you are soft and squishy so should also have been paying attention as it's you that gets damaged

Driver is primarily in the wrong but you share some of the blame for not being reasonably aware of what was going on around you. The one party in all this that hasn't been apportioned any blame yet is the dog. What was he thinking of leading you in front of a reversing car?