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?

This is interesting - we've had complaints from local residents (via school) about children scooting or cycling over their driveways, with the implication that it's up to the parents to watch out for cars, rather than for cars to watch out for children.
Children go very fast scooting. I saw a near miss myself, with the driver going slowly forwards. The small child was absolutely bombing along well infront of the parent. In that case, I felt it was definitely the parent at fault, because it was an accident waiting to happen.

I have to reverse off my drive and if I hit someone I would blame myself. However people with dogs on extended leads are a pain as you can't see the dog unless there is no wall / hedge or a very small one. The dog should be to heel if your walking in an area where there is traffic and you should be able to hear, I think you were being irresponsible.

I bet as the very last house next to a field he's pretty unaccustomed to passing pedestrians & tends to assume there won't be any - which IU but understandable. He was wrong not to look all round before moving.

Also, if he was already in the car before you turned the corner and you approached his house, you wouldn't have seen him get in & wouldn't be on the alert for the car to move.

OTOH you probably would have heard the engine idling without the headphones. So you were a bit U, but it was mostly him IMO

I hate extendable leads. You are not in control of your dog if you use one.

So, I've always wanted to do a diagram and I've got too much time on my hands so here you go ;)

Cars shouldn't hit pedestrians. I reverse off my drive. (Can't get the dog in the boot if I reverse on the drive which would be safer.) I always check for traffic but also pedestrians.
But no. You shouldn't have your dog on an extending lead by a road. Unsafe.
You shouldn't be walking about plugged into earphones. What if a loose dog ran up behind you and you couldn't hear before it went for your dog. Unlikely but possible. You need to be aware of your surroundings.

The Highway Code puts a duty on both road users to take extra care and look out for pedestrians, and equally for pedestrians to be aware of road users. As a pedestrian, you should treat the driveway or entrance as you would any junction or crossing. Look both ways and only cross when it is safe to do so. This is the best course of action to take for the sake of your own health and safety.

Road users should take extra care when navigating entranceways and driveways and keep a constant look out for pedestrians who may cross. Drivers should edge out (or in) very slowly and keep both hands on the steering wheel to maintain full control, and constantly look left and right to spot any oncoming pedestrians. It goes without saying that when reversing in to an entranceway or driveway, even more care needs to be taken. Keep to a very low speed, never make any sudden movements or rev the engine if the pedestrian is crossing slowly, and check all mirrors and look behind you carefully.

^^this is what we were taught as children. Pedestrians cannot absolve themselves of all blame, the driver would have been at more fault if they had reversed unreasonably quickly out of the driveway that a pedestrian didn't have a chance to see they were coming, but for your own sake you should always be paying attention ehen crossing drive ways.

The Highway Code also says

Rule 15
Reversing vehicles. Never cross behind a vehicle which is reversing, showing white reversing lights or sounding a warning.

If you were paying attention you would have stopped for the car.

If your dog had been injured 100% your fault. Hope you learn from this and stop using the extendable lead where you are risking your dogs safety.

But had she been on a normal lead, she would have been hit bangs head on desk Of course i keep her near me generally walking the streets, but we were at the last house before her "let loose" walk and she was a bit excited and had pulled forward a bit. But that's not even what my question was about as it was ME that was nearly hit. The dog is a red herring really.

If she had been on a normal lead, you hadn't been wearing headphones and were being alert and responsible then neither of you would have been hit!
Control the dog.
Watch out for twattish drivers.
No driver should reverse into a pedestrian but you should be aware of moving cars.

Off point a little but, If anyone is buying a car soon I would recommend getting one with a reversing camera. Makes reversing safer and definite a lot easier.

What Weallhavewings said with bells on.

Pedestrians should be looking out for cars moving from driveways just as the driver should be looking.

Op, you can't honestly believe that it was solely the drivers fault?

Even if it were 2 cars, the law expects both drivers to do everything they can to avoid an accident ... Like being aware of your surroundings and stopping if you see a potential hazard.

You should have been looking and listening.

Op, you can't honestly believe that it was solely the drivers fault?

No I don't, but was wondering if i was victim blaming as I said at 10:13am
"I posted because i though my nan had a point, but then thought isn't that along the same lines of victim blaming, so was curious to other people's point of view...Which i have had, so thank you.".

Surely if someone had been assaulted, saying 'if you had been responsible for yourself, it wouldn't have happened' is the same kind of thing, and i was wondering how similar they are. Not very according to some.
I do now realise I should not have been wearing the headphones, though this is the 1st incident that has happened since i started wearing them in Feb (i wore in ear ones before that so could have one out) As said, in future i will wait until we are there.

I'm not looking for an argument or advice on how to walk my dog (5 years-no injuries caused by my neglect) I was genuinely interested how far victim blaming went. As in what situations is the victim wrong/right.

(Not sure if I'm articulating this very well)

It will always be the drivers fault if they reverse into a pedestrian. It was not your fault you were nearly run over.

I don't think it's then victim blaming to make suggestions as to how, as a pedestrian, you can minimise the risk from bad drivers and other hazards.

It's not victim blaming to say you should have your wits around you on a road with cars.

It's all well and good saying it's the drivers responsibility, but that won't make any injuries less painful.

I think, had I been crossing the road with my headphones on and didn't notice a car and was nearly hit, I'd hold my hands and say sorry, as a road is where you expect cars to be. But walking along a pavement should be relatively safe.

It's not really comparable with an assault. With something like assault one party has made the decision they are going to attack someone. With any sort of road traffic accident it is rarely someone's decision to hit someone else - although of course it is often caused by stupidity - so the two aren't really comparable.

But it's not walking along a pavement (where no cars should be). It's crossing a driveway where cars could be turning in or pulling out.
Driver needs to watch out. But so should you.

The road at the bottom of my pic is a main road, so i think he's looked to the left, saw there was no cars coming so tried to get out before any came. Not thinking to look for pedestrians. Everyone makes mistakes and no-body got hurt thankfully. Thanks for the replies, I've taken them on board.

But it was a pavement in front of a driveway, where cars should be expected and have every right to be on.

But walking along a pavement should be relatively safe

But you're walking along a pavement and over driveways - again where you can reasonably expect cars to be

Did the pavement have a dropped curb?

I teach children road safety. It is one of the major rules. You treat driveways as a road. Stop, look and listen.

It's not victim blaming. It's being careful.

But equally cars can reasonably expect pedestrians on the pavement.

Which is why I said both were at fault Jay.