Mark Maccar alleged to have kicked pedestrian after running overher

I apologise profusely for offending your sense of pedantry. Did you
ask Arthur which part he was responding to or did you just assume what
you wanted to infer?

Theo


As he didn't delete the first paragraph in his responce I assumed he was
refering to the whole

In any respest the second para. is not a lot better " If you hit a
pedestrian, that means you were not driving/riding
safely" I say rubbish. It may mean that, it may not, depends entirely on
the particular circumstances.

Capt. A. L. .

 

It's a fact. If you're riding too quickly to avoid something/someone
jumping out in front of you then you are riding too quickly.
*you*, the licensed road user are required as a condition of your
licence to ride at all times with care and attention.
Pedestrians are under no such requirement.

 

They do however have a duty of care

so if they jump out and you can't avoid them they are liable
rather like sticking one vital digit in a bicycle wheel when it's
rotating

 

I would disagree with that too.

In the early 80s, I was driving down a multi-lane road in light
traffic after dark(about 7:30pm), the road had an 80kmh speed limit.
I was doing around 75, a 10YO kid ran from the side of the road
straight in front of my car. I braked as hard as I could as he rolled
over my bonnet. He broke his leg in two places. He simply ran from a
dark area beside the road straight into the traffic. Was I going too
fast? I dont believe so. Would it be reasonable to slow down just in
case some idiot ran in front of you without thinking, I dont believe
that either. Turns out he was stealing stuff from a truck cab and the
owner caught him, he slipped from the truckies grasp and ran. Not my
fault and I didn't get charged by the police either. No claim against
my 3rd party insurance either as I was not at fault.

It's not all black and white.

Al

 

Rubbish - A pedestrian wearing an Ipod runs onto the roadway, oblivious of
your presence, when you are metres. away travelling at slightly below the
posted limit in daylight on a dry roadway.
A drunk pedestrian lies asleep on a bend in the roadway on a
section without lighting during an overcast night.
A pedestrian suffering from depression steps in front of a
vehicle, committing suicide, after making eye contact with the driver and
planing his move from the roadside so as to give the driver no opportunity
to stop.

I am personally aware of examples of all three scenarios above, not
personally involved but acquainted with the drivers. None were charged with
any offence regarding these incidents.

Pedestrians are obliged by law to exercise care and attention whenever
venturing onto the roadway. Being a pedestrian does not absolve you from
any responsibility or liability for your actions

Capt. A. L.

 

.....and you can point us to what legal precedent for this alleged
"duty of care" that pedestrians owe road users?

....means you were not riding with proper due care and attention.

Utter crap.

You seem to be imputing malicious intent to pedestrians' legal right
to use the roadway without having to demonstrate any relevant skill.
In other words you are a mixed-up moron.

 

or the pedestrian broke the law and you are not liable as a driver

pedestrians are just that , transgression on the road is unlawful
hence they are liable

game set match , thank you ball people

 

You seem to be saying (with some trouble) that pedestrians are not
permitted to use the road. In that belief you are utterly incorrect.
In any case, the legality of otherwise of a pedestrian's use of the
road has no bearing whatsoever on your duty as a licensed person in
charge of a motor vehicle to avoid collision with any pedestrian under
any circumstance.

 

wrong
In that belief you are utterly incorrect.

 

Moike wrote:

nah , stuck him in the same dink file as noddy

even I can see it's a weak troll

coincidently have you been told this morning ?

 

****'em all. They're just cagers who found somewhere to park.

N/

 

Nothing wrong with cages at times , I was happy to be in mine a few
weeks ago when some goose nailed the back of the toyo4wd , if it had a
bike I would be dead instead of claiming insurence and whiplash .

 

I refuse to ride a bike on road for that reason.
Off road when there are only trees to deal
with ... I'll do some silly stuff, but not broken myself
yet.

 

Never said there was anything wrong with cages - love my little mountain
goat - the Renault Clio Sport Cup.

It's not the cages I have a problem with - it's the cagers.

It's not what your drive - it's the way you drive it.

N/

 

What can I say - oh yeah - grow a pair.

N/

 

In other words you are running away like a girl because you are
utterly unable to provide *any* evidence for your ridiculous belief
that pedestrians owe you some sort of duty of care rather than the
other way around.

 

Hence the problem with certain two wheelers

 

Congratulations on coming out. It must be a huge weight off your shoulders.

 

Oh! - Was that /you/.

Sorry - it was dark (and you need to shave more often)

<kiss>

N/

 

You are a fool if you think pedestrians cannot be held responsible for their
actions. All and any sane adults have a "Duty of care"
If it wasn't so you couldn't successfully sue them for damage to your
vehicle when they acted in an irresponsible and reckless manner that caused
said damage.
Wake up

Capt. A. L.