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Accident at roundabout

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  • 24-01-2015 10:15pm
    #1
    P_Fitz
    Registered Users Posts: 112 ✭✭


    Hi, i was out running last night and came up to a roundabout, there was a car driving in the same direction up to the roundabout too. I looked at the car and it wasn't indicating left so i presumed he was going straight on so i crossed the road. Yes, you guessed it, he did turn left and hit me and i ended up in A&E. I've to pay €100 for staying the night in hospital, would i be entitled to have it paid by the driver (or his insurance). He spoke to a Garda and said he didn't know whether or not he had indicated. Thanks.


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    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Speak to a solicitor or go through the PIAB process yourself. While the guards will probably pass on the guy's insurance details and you guys might come to an agreement the insurer might advise the guy against it. I certainly wouldn't engage with you who know what this is going to turn into, generally; not a reflection on you personally.

    While the situation is not ideal and the benefit of the doubt is usually given to the pedestrian (for my very limited experience) it sounds like there is contributory negligence, again in my very limited experience.

    Feel better.


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    #3
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Never trust motorists on roundabouts or even junctions. Indicators don't always work.


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    #4
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    The use of indicators does not create a right of way; neither does the failure to use them mean that the driver does not have it. I think this is particularly true at roundabouts, because a driver has the right to exit the roundabout at any proper exit point.

    I hope you were not badly hurt.


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    #5
    OldmanMondeo
    Registered Users Posts: 3,009 ✭✭✭OldmanMondeo


    As a driver I would guess the car is responsible, strange considering you ran out onto the to the road.


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    #6
    P_Fitz
    Registered Users Posts: 112 ✭✭P_Fitz


    I think I'll just pay the €100 and forget about it. I'd say the driver got enough of a fright.


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    #7
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    It's simple hazard perception though. The driver should have been aware of the runner and alive to the possibility of him darting out in front. On exiting a roundabout you should be accelerating out of second, I've a fairly cheap car that's been involved in the same scenario and stopped on a dime.

    The lack of indication and fact that the accident was so serious as to land the OP in hospital suggests a distracted driver.


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    #8
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    I must be missing this. You were both approaching the roundabout from the same direction? Surely he had to turn left? There's no other direction to go when entering a roundabout. And when you say you were crossing, do you mean cutting across the roundabout?


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    #9
    P_Fitz
    Registered Users Posts: 112 ✭✭P_Fitz


    The left turn refers to the first exit from the roundabout. He could have turned left (first exit), straight (second exit) or turned right (third exit).

    I crossed the road at the first exit.

    I hope that makes sense.


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    #10
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Zambia wrote: »
    Never trust motorists on roundabouts or even junctions. Indicators don't always work.

    Indicators aren't always used! A lot of drivers seem to think fellow drivers work by ESP...


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    #11
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    P_Fitz wrote: »
    The left turn refers to the first exit from the roundabout. He could have turned left (first exit), straight (second exit) or turned right (third exit).

    I crossed the road at the first exit.

    I hope that makes sense.

    Where there pedestrian lights?


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    #12
    Markcheese
    Registered Users Posts: 8,431 ✭✭✭Markcheese


    Little CuChulainn wrote: »
    Where there pedestrian lights?

    Or a pedestrian fly-over or bridge ?

    Slava ukraini 🇺🇦



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    #13
    P_Fitz
    Registered Users Posts: 112 ✭✭P_Fitz


    There was no lights or bridge


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    #14
    listermint
    Registered Users Posts: 33,709 ✭✭✭✭listermint


    Little CuChulainn wrote: »
    Where there pedestrian lights?

    Drivers have to be aware of obstacles in front of them, So it is not fair to completely devolve them from blame.

    I am a driver, I also hate indicators that are either broken or unused. it should be a points offence tbh.


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    #15
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    P_Fitz wrote: »
    There was no lights or bridge

    As far as I can see you were both wrong. You for running in front of a car and him for failing to indicate and hitting a pedestrian. I would think he'd be only too delighted to pay your €100 bill if that was the end of it.


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    #16
    schemingbohemia
    Registered Users Posts: 5,606 ✭✭✭schemingbohemia


    Little CuChulainn wrote: »
    As far as I can see you were both wrong. You for running in front of a car and him for failing to indicate and hitting a pedestrian. I would think he'd be only too delighted to pay your €100 bill if that was the end of it.

    Both made mistakes but the Driver has a greater responsibility to vulnerable road users and would, if this went to court, be found much more responsible for the incident than the runner.


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    #17
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    At every exit of a roundabout, pedestrians crossing the road have right of way. So if he was still on the roundabout when you started crossing, you had right of way.


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    #18
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    seamus wrote: »
    At every exit of a roundabout, pedestrians crossing the road have right of way. So if he was still on the roundabout when you started crossing, you had right of way.

    Could I ask for a citation for this please? I don't doubt you for one second I'd just be curious where this is laid down.


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    #19
    degsie
    Registered Users Posts: 8,740 ✭✭✭degsie


    seamus wrote: »
    At every exit of a roundabout, pedestrians crossing the road have right of way. So if he was still on the roundabout when you started crossing, you had right of way.

    That doesn't sound right. If that was the case, why do some roundabouts have marked pedestrian crossings while most don't?


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    #20
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    @MarkAnthony re Seamus' post above:

    It's just that, if a pedestrian has started crossing a road, they have right of way before traffic turning onto that road (or, I believe, traffic some distance away).

    So if the pedestrian has started crossing exit 1 of the roundabout before the motorist has turned in to exit 1, the pedestrian would have right of way.

    But I don't think that's what happened here. It looks like both were moving faster than they should have been, and that neither anticipated accurately what the other might do, and neither gave any indication that they were going to do what they did.


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    #21
    TheQuietFella
    Closed Accounts Posts: 1,857 ✭✭✭TheQuietFella


    The use of an indicator is only a curtsey to other road users & I too
    get tired of the lack of use of them but to be fair, you ran out into traffic
    not knowing where the driver had intended going!

    You are lucky to be alive!


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    #22
    ezra_pound
    Registered Users Posts: 2,497 ✭✭✭ezra_pound


    ABajaninCork wrote: »
    Indicators aren't always used! A lot of drivers seem to think fellow drivers work by ESP...

    I hope that's not your attitude towards using indicators!

    Why do some drivers think that indicators are for signaling to other DRIVERS? Indicators are for signaling to anyone be they driver or not, regardless of whether the driver can see them and are aware of their existence or not!


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    #23
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    ezra_pound wrote: »
    I hope that's not your attitude towards using indicators!

    Why do some drivers think that indicators are for signaling to other DRIVERS? Indicators are for signaling to anyone be they driver or not, regardless of whether the driver can see them and are aware of their existence or not!

    It isn't. And I don't. But then I never learned to drive here...


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    #24
    ezra_pound
    Registered Users Posts: 2,497 ✭✭✭ezra_pound


    Grolschevik wrote: »
    @MarkAnthony re Seamus' post above:

    It's just that, if a pedestrian has started crossing a road, they have right of way before traffic turning onto that road (or, I believe, traffic some distance away).

    So if the pedestrian has started crossing exit 1 of the roundabout before the motorist has turned in to exit 1, the pedestrian would have right of way.

    But I don't think that's what happened here. It looks like both were moving faster than they should have been, and that neither anticipated accurately what the other might do, and neither gave any indication that they were going to do what they did.

    What indication is a pedestrian meant to make to show that he's going to cross the road? The chicken dance?


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    #25
    TheQuietFella
    Closed Accounts Posts: 1,857 ✭✭✭TheQuietFella


    seamus wrote: »
    At every exit of a roundabout, pedestrians crossing the road have right of way.

    I would strongly disagree with this. I assume that it's the entry on to a roundabout there are pedestrian crossings where vehicles must stop.
    You couldn't have vehicles stopping on the ring of the roundabout!
    I know some idiots that do though!:mad::mad:


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    #26
    ezra_pound
    Registered Users Posts: 2,497 ✭✭✭ezra_pound


    TheQuietFella wrote: »
    I would strongly disagree with this. I assume that it's the entry on to a roundabout there are pedestrian crossings where vehicles must stop.
    You couldn't have vehicles stopping on the ring of the roundabout!
    I know some idiots that do though!:mad::mad:

    Well if it means not killing a pedestrian then I think you should stop.


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    #27
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    ezra_pound wrote: »
    What indication is a pedestrian meant to make to show that he's going to cross the road? The chicken dance?

    A bit needlessly aggressive. The point was from a legal standpoint the runner didn't give the driver cause to believe he was going to take the action he did. While I don't agree with this assessment it's a perfectly valid one and presumably the one that would be put forward by defence counsel.


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    #28
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Every exit of a roundabout is the same as taking a left turn from one road to another.

    As such, any pedestrians already crossing at that junction have right of way.

    There's nothing actually wrong with people stopping on the roundabout with good reason, people do it all the time in heavy traffic.


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    #29
    moc moc a moc
    Registered Users Posts: 1,299 ✭✭✭moc moc a moc


    TheQuietFella wrote: »
    you ran out into traffic

    Negative. He ran across a side road, onto which the car subsequently turned (without indication, no less).
    TheQuietFella wrote: »
    I would strongly disagree with this. I assume that it's the entry on to a roundabout there are pedestrian crossings where vehicles must stop

    Your agreement or disagreement (and even worse, your assumptions) are irrelevant. The law states that a pedestrian crossing a road that is not currently in use by a vehicle has right of way over said vehicle.


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    #30
    ezra_pound
    Registered Users Posts: 2,497 ✭✭✭ezra_pound


    MarkAnthony wrote: »
    A bit needlessly aggressive. The point was from a legal standpoint the runner didn't give the driver cause to believe he was going to take the action he did. While I don't agree with this assessment it's a perfectly valid one and presumably the one that would be put forward by defence counsel.

    Well the runner, approached the road to cross it, looked to make sure that no cars were turning into the road he was going to cross, did the safe cross code, and crossed when he deemed it to be safe based on the indication of the driver.


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    #31
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    ezra_pound wrote: »
    Well the runner, approached the road to cross it, looked to make sure that no cars were turning into the road he was going to cross, did the safe cross code, and crossed when he deemed it to be safe based on the indication of the driver.

    While we're both making assumptions, my assumption is that the runner did not stop and hence the contributory negligence. You assumption and post mortem are just as valid.


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