My brother got hit by a car on monday after running across the road, he had ran out into the road from in front of the bus that he'd just got off, and a car had come around the side of the bus, and smashed into him.

Now, my brother says that it was kind of his fault as he didnt look and the driver, being a bit of a nob, said that he was going to make my brother pay for the damage caused to his car, as it was in no way his fault, which is pretty much a write-off, now my brother is worrying as he cant afford that, but surely, the guys should just claim on his insurance as you cant insure yourself as a pedestrian!

So where legally does he stand?

He's ok by the way, just cuts and bruises, which is pretty impressive as he's managed to write off car!

No offence to your brother, but the driver is probably going to be traumatised by this incident, then he's got the financial implications ontop of that... I don't think it's fair at all that he should have to claim on his own insurance or pay out of his own pocket.

with a good enough lawyer your brother could take this guy for everything he's got.

No offence to your brother, but the driver is probably going to be traumatised by this incident, then he's got the financial implications ontop of that... I don't think it's fair at all that he should have to claim on his own insurance or pay out of his own pocket.

My brother isnt in the best of ways either to be honest, as he got thrown down the road, and by all accounts the driver didnt slow down to go round the bus, i dont know about you, but i always slow down just in case of this occuring, imagine it was a child he'd hit, surely he wouldnt expect the parents to pay?

No offence to your brother, but the driver is probably going to be traumatised by this incident, then he's got the financial implications ontop of that... I don't think it's fair at all that he should have to claim on his own insurance or pay out of his own pocket.

i can see where you're coming from...

but a car is a deadly weapon and should be treated as such. if this driver was approaching a bus letting people off at the side of the road, then the driver should definitely recognise the risk of a passenger intending to cross the road, and should slow down accordingly. You can still argue it is not fair that the driver will have to pay, but he is safe and sound in his metal box, whereas mr. pedestrian has nothing to protect himself, which is why the driver should have prepared to stop.

and by the sounds of it, this driver is certainly not traumatised.

the only time when a pedestrian should be at fault in a road incident is when they are intoxicated and/or suicidal.

fault is at both partys really, the car should have slowed down enough to stop in time for a pedestrian, yet your brother should have paid attention to the road.

At the end this is what the drivers insurance is for.

Hope your bro's ok man, being hit by a ton of metals going to hurt

fault is at both partys really, the car should have slowed down enough to stop in time for a pedestrian, yet your brother should have paid attention to the road.

At the end this is what the drivers insurance is for.

Hope your bro's ok man, being hit by a ton of metals going to hurt

This is what i was thinking.

And considering he went over the bonnet and pretty much through the windscreen, somehow putting a huge dent in the front of the roof, then being thrown 15ft down the road, hes doing very well, he only had one day off work, though he is hobbling about like an old man

lol, sounds like a idiot tbh.

If i hit someone, regardless of whos fault it was, the only thing id be thinking about is 'shit shit shit are they ok?' Not 'your going to fucking pay for this u stupid pedestrian'

^

lol, sounds like a idiot tbh.

If i hit someone, regardless of whos fault it was, the only thing id be thinking about is 'shit shit shit are they ok?' Not 'your going to fucking pay for this u stupid pedestrian'

Indeed, i would have just been happy about him being ok and not sueing me

is there actually any legal recourse for someone to try to get a pedestrian they've hit to pay damages?

My gut feeling is that the car owner is best off leaving this well alone as I can only imagine a lawyer advising the pedestrian to counter-sue and I'm sure it's more likely to go in the pedestrians favour.

It's like driving into the back of someone else's car, it's VERY hard to win that argument unless you have several good witnesses who all state that the driver you went into was clearly doing something very stupid.

this sort of thing is why America's LAW that you can only cross at pedestrian crossings is brilliant!

this sort of thing is why America's LAW that you can only cross at pedestrian crossings is brilliant!

Not if your the person trying to cross the road it aint LOL.

Also, imagine the amount of bloody pedestrian crossings there would have to be....

but it is alot safer

hmmm i dunno. Amount of nice people that have nearly hit me when crossing one is probably more than the amount of people when i just cross the road anywhere else.

As you think, 'its a crossing , they will stop' until you step out and realise 'oh fuck there not stopping'

And yes i know, you should cross until the car has stopped. but in a real world, this never happens lol

My gut feeling is that the car owner is best off leaving this well alone as I can only imagine a lawyer advising the pedestrian to counter-sue and I'm sure it's more likely to go in the pedestrians favour.

This is what i've told him.

I'll stick my neck out and be honest here..

Stepping out from behind a bus onto these things we called roads where big moving objects called cars travel at speeds on, you are just asking for trouble. And it's a green cross code major no no. I knew this when I was 5 years old.

I'm fairly certain that no one here drops below 20-30mph when overtaking a bus which is loading with pedestrians, if someone jumps out from in front of the bus last second the driver will have minimal time to react, going by your brothers injuries I suspect that the driver wasn't speeding.

If someone stepped out last second from behind a bus and you hit them, they were ok (as far as getting hit by a car goes) then you had to foot the bill because some bafoon doesn't know/care about the basic rules of the road; which are taught to children from the age of 5. I'm sure you'd be well fucked off. I know I would be.

Don't get me wrong here, I feel sorry for you and your brother and I hope he's ok, mistakes happen. But I'm a firm believer in natural selection. What your brother did was fully retarded.

But I do not condone the driver either. He will have no leg to stand on regarding suing your brother, it's his responsibility as a driver to be aware of any danger and to realise the hazard. he should have slowed to a speed where he could stop; no matter what and he should have stopped. Once again, it's driving rules 101; Hazard perception and all that. He was probably blowing off steam when threatening to sue, either that or he's a dick.

Edited 7 July, 201115 yr by EnthusiastOwned™

Don't get me wrong here, I feel sorry for you and your brother and I hope he's ok, mistakes happen. But I'm a firm believer in natural selection. What your brother did was fully retarded.

Once again, it's driving rules 101; Hazard perception and all that. He was probably blowing off steam when threatening to sue, either that or he's a dick.

My brother is a bit of a stoner idiot

By all accounts, the dude was a dick!

end of day what would someone do to you if you hit them

CLAIM

goverments fucked up and society is aswell

try and claim.. he aint got a leg to stand on getting any penny out of your brother. he should of called police on the guy

Don't get me wrong here, I feel sorry for you and your brother and I hope he's ok, mistakes happen. But I'm a firm believer in natural selection. What your brother did was fully retarded.

Once again, it's driving rules 101; Hazard perception and all that. He was probably blowing off steam when threatening to sue, either that or he's a dick.

My brother is a bit of a stoner idiot

By all accounts, the dude was a dick!

I can relate, I lost most of my teenage years that way. It's still 2001 right?

Taken from the highway code

move quickly past the vehicle you are overtaking,once you have started to overtake. Allow plenty of room. Move backtothe leftas soon as you can butdonot cut in

I'll be brutally honest with you Alex I have no sympathy for you bro, I've hit a kid that ran into the road without looking and its a fucking horrible feeling. The driver was just doing what he should be, we are taught the green cross code from the age of about 5 so your bro really has no excuse. Why should this bloke have to pay because your brother choose to ignore what he had been told since a child? The bloke may of been an arsehole but that is neither here nor there there, what if it had been a really nice caring chap? Your bro would of still of walked out into the road and the driver would still of had a wrote off car caused by your brother.

If a child runs out from between parked cars and you hit him because you didn't have a chance to stop would it be your fault? You can't drive around constantly at 5mph just incase some one jumps out infront of you, all you can be is vigilant of people that choose not to look both ways before crossing, but its not always possible to see them before its too late.

That said I hope your brother gets well soon and isn't badly fucked up.

2001? Fuck... I've missed the millennium?

Kids are told time and time again to NEVER cross a road from infront of a vehicle... How on earth is the driver at fault and how could he even check if someone would run out in front of him from a bus, if he's doing the legal limit the driver will win end of, your bother won't have a leg to stand on.

i'd say in either persons shoes i'd drop it but i f i was the pedestrian and the driver was being a idiot i'd say fuck him a sue because the driver will not stand a chance in court no matter how dameged his car is

yeah but what if your brother was a little kid runnin the road to get his ball back or somethink the driver should of been well aware that some one could walk out i always am had loads of people walk out on me and have to slam the brakes on to me your brothers in the wrong but not in the wrong if you no what i mean as a pedestrian as my uncle had a Indian layde jump in front of his car just so she could make a clam she took over 5k off my uncle so your brother would win any case i can Garnette where theres blame theres a clam