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Who would be at fault - pedestrian vs car

  • 09-01-2015 8:11pm
    #1
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭


    Video which was just posted in Dashcam thread.



    As I assume this happened in Ukraine, so pedestrian will be 100% at fault, and she will have to pay for damage to vehicle out of the own pocket.

    What I wonder though, should such thing happened in Ireland, what would be the outcome?
    Would the car driver be at fault, following the rule that it's always the driver guilty when car hits pedestrian?
    Or would pedestrian be blamed as well, or maybe blamed 100%?
    Who would need to pay for damage to vehicle?


Comments

  • Closed Accounts Posts: 776 ✭✭✭seventeen sheep


    What really shocked me was the other vehicles just driving off! :eek: Wtf is wrong with people.


  • Registered Users, Registered Users 2 Posts: 5,744 ✭✭✭kleefarr


    Looks like she ran out into the road without looking. No way driver could be at fault there I would have thought.


  • Registered Users, Registered Users 2 Posts: 7,302 ✭✭✭Supergurrier


    It may be argued the pedestrian was at fault but as a motorist you must always be vigilant for other peoples mistakes and hope they do the same as you are in a 1.5-2 ton piece of metal.

    Drive a 3.5 ton van most days at work and the amount of lemmings you see looking to claim the darwin award is frightening.


  • Registered Users, Registered Users 2 Posts: 9,661 ✭✭✭Voodoomelon


    Assuming there was no dashcam, I can't imagine if that happened here, would the pedestrian be responsible. "Expect the unexpected" tripe would be spouted by a judge. I'd say the driver would at the absolute minimum, be liable for damage to their own car.


  • Registered Users, Registered Users 2 Posts: 19,123 ✭✭✭✭Del2005


    I know two people who drunkenly fell in front of cars and both times successfully sued the drivers, our law means that the pedestrian is almost always in the right even if it's their fault.


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  • Registered Users, Registered Users 2 Posts: 4,974 ✭✭✭Chris_Heilong


    is not the motorist always at fault in Ireland? Any way no need for other cars to stop as there are already people there to help her and they dont even know whats going on.


  • Registered Users, Registered Users 2 Posts: 2,124 ✭✭✭Unknown Soldier


    That driver was clearly paying attention. Stopped only a few feet from the point of impact and you can hear him/her hitting the brakes when he "sees" the woman.

    Is that was me and there was no dash cam I'd be recording point of impact, brake mark lengths etc.


  • Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Thank god it wasn't red paint or the poor driver would have had a heart attack.


  • Registered Users, Registered Users 2 Posts: 3,802 ✭✭✭dmc17


    Nino Brown wrote: »
    Thank god it wasn't red paint or the poor driver would have had a heart attack.

    CandidFriendlyIndianpangolin.gif


  • Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    Driving isn't great in this video. A good driver would note the bus at the stop and recognise the risk of passengers/pedestrians walking behind the bus. A good driver would back off the gas and drive more defensively in this situation. Blame lies with both the pedestrian and driver here. Drivers and pedestrians are not equal despite what some Eastern European countries with horrific road safety might think.


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 1,289 ✭✭✭Veloce


    Del2005 wrote: »
    I know two people who drunkenly fell in front of cars and both times successfully sued the drivers, our law means that the pedestrian is almost always in the right even if it's their fault.

    On the flip side I know of a case where a drunk guy stood out on a lane of a dual carriageway late at night and was struck by a car - luckily he survived - but didn't get anywhere pursuing legal action with the driver.

    And an incident in Limerick a couple of years back whereby a pedestrian was struck by a taxi as he was running across a road to catch a bus as it was about to depart. He was uninjured but left a dent on the bonnet of a taxi. The taxi driver sued him successfully for the damage to the bonnet.


  • Registered Users, Registered Users 2 Posts: 7,516 ✭✭✭Outkast_IRE


    Its way too common for people to get off the bus and they try and cross the road behind it, i would always be on the lookout for this when i see a bus stopped.

    Completely the womans own fault though running across the road like that.


  • Registered Users, Registered Users 2 Posts: 11,865 ✭✭✭✭MuppetCheck


    A cyclist (well a young fella about 16 on his way to school) came out from behind a parked car in front of my father once, a similar situation to that. Thankfully he was alright but every panel and a few lights on the front of the car (about two months old) were denied or scratched.

    The guards placed liability on the guy that came out onto the road in front of the car.


  • Registered Users, Registered Users 2 Posts: 259 ✭✭HIB


    http://touch.boards.ie/thread/2057356381/16

    This guy might know.

    My hunch is that they are both partially to blame.


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