Pedestrian -v- Car ?

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However, as we get older we all do take more risks and perhaps don't follow these rules, which can result in pedestrians and car drivers being injured physically and emotionally.
 
So when an accident occurs involving a pedestrian and a car who is to blame? In a recent case of Waldemar Belka V Joseph Lawrence Prosperiini (2011) this is just what the judge had to decide.
 
The circumstances of the case are that it was in the early hours of the morning when two pedestrians were attempting to cross a dual carriageway, at the point where it meet a roundabout. Both Pedestrians crossed the first part of the dual carriageway into the centre where there was a refuge. One of the pedestrian, stayed on the refuge, and the other ran to cross over the road. As the pedestrian ran across, a car came from around the roundabout, joining the dual carriageway and hit the pedestrian. The car driver advised that he had seen only one pedestrian waiting on the refuge but had not seen the other one, until he hit him.
 
The judge concluded that the driver should have seen both men on the refuge, and should have slightly eased his speed on seeing, even one person of the refuge and if he had done that the accident would have been avoided. However, the pedestrian that was hit should not have run across the road in front of the car driver when the driver had right of way. The pedestrian was found to be 2/3rds to blame and the driver 1/3rd to blame.
 
I think this case reminds us, remember the lessons we are taught as children and don't take unnecessary risks. Also when driving if you see something slow down, it may avoid an accident. 
 
 
David Chilcott is an Associate of the Institute of Legal Executives in the Personal Injury team
 

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