So i had my first 'proper' accident!

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teletext45

Senior Member
Was commuting to work and some guy stepped out into the road to cross changed his mind and walked straight into my path. Don't know why he decided to cross where he did as the pelican crossing was 10 meters away.....

Luckly the police saw it happen as they guy was getting slightly abusive, first saying he was infact crossing the pelican crossing, then i was going to fast and finally said i did it on purpose....

So a trip to the Hospital on blues an afternoon in A&E on a spinal board and i'm back home....



http://i761.photobucket.com/albums/xx254/teletext45/photo.jpg

A picture for the facebook was a must! thanks mrs plod :biggrin:

Andy
 
Ouch, I trust the spinal board/ collar are just precautions; GWS!
 
A timely reminder to all about appropriate hand signals and suitable clothing.







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apollo179

Well-Known Member
Hope you are ok.
Did the police take any action over the pedestrian ?
Is there any action the police could take over the pedestrian come to that ?
 
OP
OP
teletext45

teletext45

Senior Member
it was treated as just a genral rta so no single party entirely at fault. TBH the guy was an immigrant so it would be impossible to press charges because hes probabbly illegal due to hwo he was really reluctant to give his name and address...

andy
 

yello

Guest
Did the police take any action over the pedestrian ?

I'd hope a chat was sufficient. The guy was probably pretty shocked by his own stupidity (common enough to get angry as a defence mechanism when you know you're in the wrong!). A few words from the police to calm him down and reinforce that it was his own damned fault would probably be all that was needed.

Glad your ok (well, ish!) Andy. Luckily, the police will have note of he incident if you do get aches and pains later and need to take it further.

I used to commute through Hyde Park, down the cycle path. I gave up! I preferred to take my chances with the traffic on Park Lane than pedestrians. At least there's a degree of predictability about cars!
 
Hope you are ok.
Did the police take any action over the pedestrian ?
Is there any action the police could take over the pedestrian come to that ?

Not really - if it was considered accidental, which it sounds, there's no offence of careless walking, so not a lot we can do. It's not even a road traffic accident without a motor vehicle being involved!

GWS, and hope the bike was ok too!
 

apollo179

Well-Known Member
Not really - if it was considered accidental, which it sounds, there's no offence of careless walking, so not a lot we can do. It's not even a road traffic accident without a motor vehicle being involved!

GWS, and hope the bike was ok too!

Interesting. So if a pedestrian carelessly walked out into the road causing a cyclist to fall and be seriously hurt , like paralysed , then theres no offence, nothing can be done. I guess like if one pedestrian accidentally bumped into another pedestrian causing him to fall and be paralysed theres nothing can be done. If you killed someone would it be manslaughter?
 
No it wouldn't be manslaughter - an accident is an accident. There's always civil redress of course. An assault can be reckless, but to be reckless you'd have to be able to prove that someone realised the possible consequence of their action, but then chose to do it anyway. I.E. someone about to walk in front of a bike that stopped, realising they'd cause a crash, but then made a conscious decision to step out anyway and caused the crash could be said to have assaulted the cyclist by the reckless element. Someone just walking out without looking is not an offence.

That's my take anyway. I've been scratching my head trying to think of obscure traffic offences that might fit, but can't think of any at all - I open the floor to other police/lawyers/anyone if they can though!
 

apollo179

Well-Known Member
No it wouldn't be manslaughter - an accident is an accident. There's always civil redress of course. An assault can be reckless, but to be reckless you'd have to be able to prove that someone realised the possible consequence of their action, but then chose to do it anyway. I.E. someone about to walk in front of a bike that stopped, realising they'd cause a crash, but then made a conscious decision to step out anyway and caused the crash could be said to have assaulted the cyclist by the reckless element. Someone just walking out without looking is not an offence.

That's my take anyway. I've been scratching my head trying to think of obscure traffic offences that might fit, but can't think of any at all - I open the floor to other police/lawyers/anyone if they can though!

So you could murder someone by "accidentally" bumping into them at beachy head.
Its an interesting idea.
Or one drug addict could "accidentally" murder another drug addict by "accidentally" over injecting him with heroin.
 
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