Author Topic: A sad story  (Read 4204 times)

Re: A sad story
« Reply #25 on: 22 July, 2010, 03:56:46 pm »
But if the pedestrian crossing has no significance for cyclists (only pedestrians) then, for the purposes of this theoretical scenario, it doesn't exist. So the cyclist has essentially cycled off the pavement into the path of a car to cross a road.

Doesn't the driver have a duty of care not to hit a person on the road when practicable, however they got there, and wherever it is?

Yes. But 'when practicable' is the going to be subjective, which is a tricky thing.

A car is doing 20mph along a road towards a pedestrian crossing. I'm standing with my back to the crossing talking to someone, looking like I have no intention of crossing. Right at the last moment I turn and leap into the path of the car. I'm in the middle of the road on the crossing before the car enters the crossing, so I have priority. Is it entirely the motorists fault for hitting me?

Same for a motorist driving at 20mph on a road with a pavement. I can suddenly leap into the road giving the car no chance to avoid me.

Or is it expected that cars should slow to 5mph or so whilst passing pedestrians, just in case they leap into the road?
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Re: A sad story
« Reply #26 on: 22 July, 2010, 04:05:35 pm »
No, I agree that a driver driving at a reasonable speed shouldn't be prosecuted when someone suddenly flings themselves in front of them.  (Yes it is subjective and tricky).  I hope that's the reason for the lack of prosecution in this case rather than because the person was on a bike.

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Re: A sad story
« Reply #27 on: 22 July, 2010, 04:14:03 pm »
No, I agree that a driver driving at a reasonable speed shouldn't be prosecuted when someone suddenly flings themselves in front of them.  (Yes it is subjective and tricky).  I hope that's the reason for the lack of prosecution in this case rather than because the person was on a bike.

Yes, I agree completely.
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Re: A sad story
« Reply #28 on: 22 July, 2010, 04:21:19 pm »
Except most drivers will be doing in excess of 30, unless it is a 20mph, in which case they will be doing 28.

It is simpler than it looks.

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Re: A sad story
« Reply #29 on: 28 July, 2010, 12:15:50 am »
Driver behaviour can change more quickly than you might think. Over the last five or so years in Poland, drivers have gone from totally ignoring pedestrian crossings to stopping when someone is waiting on the kerb. During this time there has been no change in relevant law or enforcement that I'm aware of, and the only change in road layout has been to introduce a broken white line in front of the striped area. There are no zig-zags or flashing lights or anything like that.

Interestingly, this change has happened at a time when there has been a vast increase in the number of vehicles and drivers on the roads, almost entirely due to a flood of worn out scrap used imports* from the Western parts of the EU. As the change started earliest and has been most noticeable in the biggest cities, it seems it may well be related to greater traffic volumes. Perhaps if you know you're bound to wait in a jam anyway, you don't mind waiting for a minute to let someone cross the road?

*Polish joke from the mid-2000s: Stasio has imported three used cars from Germany. What model are they? He wasn't sure at first, but once he'd got them straightened out he found there was one VW, one Renault, and a bus stop.
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Re: A sad story
« Reply #30 on: 29 July, 2010, 07:01:02 am »
It appears to me that the subservience to the motor vehicle and the accompanied victim blaming applied to anyone who gets in the way, is applied as rigorously to pedestrians as cyclists.

I wonder if any pedestrians have had their compensation reduced because they were wearing an ipod.  If they haven't I'm sure it's only a matter of time.

Re: A sad story
« Reply #31 on: 22 August, 2010, 07:04:41 pm »
It seems very much to me as if the gentleman in the OP was utilising the cycle as a class one invalid carriage.
According to Section 20 of the Chronically Sick and Disabled Persons Act:
(1)In the case of a vehicle which is an invalid carriage complying with the prescribed requirements and which is being used in accordance with the prescribed conditions—

(a)no statutory provision prohibiting or restricting the use of footways shall prohibit or restrict the use of that vehicle on a footway;

AND

(2)In this section—

      “invalid carriage” means a vehicle, whether mechanically propelled or not, constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability;


It seems to me that he has a valid complaint against the police because he is being discriminated against on account of his inability to use the pedestrian facilities on foot.