and as for the people ranting about your brother can u honestly say you have never took a risk wen crossing a road in your life's

My mum had a similiar experience where a school child about 12 walked straight out in front of her when she was doing about 25mph, obviously her first worry was if the kid was ok which lucky he was just cuts and bruises. Long story short the kids parents tried too sue and got nowhere as there was alot of witnesses who said the kid just walked out without looking.

Driver sounds like a knob, but it sounds like your brothers fault. I don't think he could sue your brother

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

How would the driver not stand a chance? As long as he wasn't speeding then it was the pedestrians fault for walking out from behind a bus without looking, green cross code 101.

Maybe you should show him this Alex...

and as for the people ranting about your brother can u honestly say you have never took a risk wen crossing a road in your life's

Yes I have but then I didn't go blaming some one else when it went tits up

This country just sees to be full of people that refuse to take responsiblity for their actions these days. If you walk into a door because you wasn't looking where I was going then its your fault right? So if you walk into a moving car because you weren't looking where you were going then who's fault is it?

if he did step out infront of the bus, how the hell could the car driver have even seen him until he was on the bonnet?

Sorry but the way i see it, it's 100% NOT the car drivers fault. Yeah, his car has been written off but that's why we pay insurance (and get raped for it too) but he should be paid out by the insurers if they do write the car off.

If (god forbid) i ever hit someone, the car would be the last thing i check is alright, even if it's not my fault!

Driver shouldn't be able to sue your bro for the damages though, the pedestrian isn't insured after all

This has happened to me (me being the driver). In my case I was doing 30mph through a set of traffic lights at a crossing. Police put 100% blame on the pedestrian as I had a green light. It did £300 worth of damage to my polo, Money which i could little afford, and although I was legally in the right.

I took a little comfort in the fact that had i been going any slower the pedestrian wouldn't have just rolled over the bonnet and could have been killed. In the end they had bruises just. I on the other hand missed quite alot of university as a result and failed the year (due to repeat soon). I was advised that going after the kid for the money would take so much time as to make it not worth it.

To assign blame you have to ask who's actions could have been changed to prevent the accident. If your brother did not cross the road at an unsafe place the accident would not have occured. If the driver was going slower he could have still injured your brother, just less severely. I'd say he is fully liable as you said, "he ran across the road".

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.

This is not true, and hasn't been for a number of years. You can have a quick search round the net or talk to someone in the police. They'll tell you how the attitudes have changed.

His car insurance (if he has it) could cover him for 'damages to third parties', Your house insurance may cover it. If there's no insurance then the courts will award the money to the driver and your brother will have his wages docked until he pays the damages (plus interest I imagine)

Edited 11 July, 201115 yr by ToG

If I were in the drivers shoes I wouldn't have kicked off.

Did your brother get checked over at the hospital?

I'm 25 yrs of age. I still get my mummy to take me to the Ice-Cream van.

Maybe you should show him this Alex...

We need PSA's back on the television these days.

Your bro did a retarded thing.

Tbh if i was the driver due to only having third party insurance i would be pretty pissed off. Why should i suffer ££££ due to someone else's fault.

Maybe you should show him this Alex...

We need PSA's back on the television these days.

http://www.youtube.com/watch?v=MTFNwuuNLFk

Thats a fairly recent one.

I'm 25 yrs of age. I still get my mummy to take me to the Ice-Cream van.

Lol

If I were the driver in this case I'd leave it.

Yes you could argue your brother is at fault, but...if you are passing a bus that is dropping people off you should ideally slow down and leave plenty of room to pass it, just incase such a thing happened.

Also in any situation between a pedestrian and a driver...the pedestrain has right of way pretty much all the time so I believe.

I'd advise both parties to just leave the situation and not take court action as all it will do is leave one side loaded, one side skinted and destroyed, but also once again increase insurance for everyone else.

one of my friends got killed exactly by what happened with your brother, car just didnt even slow to overtak

just read the whole situation again, where being a drive you should be aware of people in built up areas etc, its still a 30mph road or whatever, its a road, for cars, if someone steps out last minute your never gonna go 30mph to 0 in like a few meters..your bro walked out from infront of a blind object ignoring basic rules, the car was overtaking, however if was safe to do so why not, he'd only have seen your brother once he'd pulled out to overtake anyway.

if i was the driver it would proper shit me up, and i would be pissed about my car being totally because of someone who cba to look for cars when crossing a road (yeah you do tend to get cars on roads) but not sure where the fault lies with damage costs etc....driver has insurance yes, but its a massive inconvinience to him and will cost him money and the hassle of not having a car,, however its life and shit happens hey

The car should have slowed down anyway if a bus has stopped itt letting people on or off so theres a chance a kid could run off the bus straight into the road

I got knocked off my bike by some prick like this but it was his fault he tryed ringing asking for money for his car, my old man threatened to take him to court and he never rang again

yeah, i mean most likely is his brothers fault really. but in the eyes of court car driver would probably get blamed for driving without due care & attention

The car should have slowed down anyway if a bus has stopped itt letting people on or off so theres a chance a kid could run off the bus straight into the road

I got knocked off my bike by some prick like this but it was his fault he tryed ringing asking for money for his car, my old man threatened to take him to court and he never rang again

So he slows down to 20mph and some one walks out from a blind object straight in front of him, how quickly does a car go from 20-0?

They are called stopping distances because it takes a distance to stop, if some one walks straight into your path from behind some thing only giving you a split second to react the chances are your gonna hit them whether your doing 30mph or 10 mph, its only gonna be a question of how hard you hit them.

Its the pedestrians fault all day long as long as the driver wasnt speeding. You can't be held accountable for someone elses stupidity. Sorry. If anyone i knew got hit in the same situation, I'd be saying the same thing. I'm a firm believer in assigning fault where its due. As said, why should drivers have to pay for silly pedestrians who choose to ignore simple rules, and worst of all, common sense!? I have crossed from behind a bus before, and I have always peered out first to check no one was coming. It's simple. I'm a risky fucker on the roads when on foot. I'm always crossing in front of traffic etc. My mentality is, if they have seen me, and there is enough space, they will slow down. However, if i do get knocked down, I'm happy to admit its my fault

Why should the car be slowing down so much? As mentioned, green cross says to overtake as quickly as possible (i assume this is to avoid on coming traffic), but even the length of a bus wouldnt be long enough for thinking and braking distances at 20 mph. And why shouldn't the driver claim, it wasnt his fault. Suck it up boys. I bet most of the people commenting on here are playing devils advocate. Shouting at pedestrians if they become an inconvenience, yet being all sypathetic when some boys bro gets hurt. Its bad, dont get me wrong, but his fault. TBH, the driver should be persuing this as far as he can, so long as he can prove he wasn't speeding.

As regarding the issue of insuring yourself as a pedestrian, I'm sure you can insure yourself to cover such situations (accident cover, life/health insurance). People just don't expect to get injured I guess.

With towns becoming more car-unfriendly it'll be a sad day when a case like this becomes the drivers fault. Roads are for cars, crossings are for people. Its easy. I'm sick of the blame culture we have here, with the huge lack of responsibility, you see it every where. As a teacher, when kids dont work and get shit grades its my fault. When some bint drives up the arse of my pride and joy, writing it off, somehow she tries to blame a fucking wasp! Its ridiculous. People bitch about the american system, but theirs is more sorted than ours if we are going to have to live within a society devoid of responsibility: if there is a warning and you ignore it, its your fault. In our pathetically liberal society, it seems that the one in the wrong gets away with the most.

Edited 13 July, 201115 yr by prankstar2003

okay i got bored of reading the replies so it might of been brought up, but isn't it actually illegal to over take a bus, even when they're offloading? or was the bus in a bus lane? if the bus was in a bus lane, its totally your brothers fault and I'm not sure if the guy could actually claim damages, because in theory your brother jumped onto his car, regardless of if the car was moving, so it was your brother that damaged his car. but if the bus stop was on a normal road, regardless of weather your brother was being an obvlivious idiot, I'm pretty sure its illegal to over take the bus and your brother could potentially get a lot from this situation. this is just what I've been told though, apparently theres something about it in the highway code

okay i got bored of reading the replies so it might of been brought up, but isn't it actually illegal to over take a bus, even when they're offloading?

In the USA yes this is the law, but in the UK if it is safe to overtake then it is ok to do so, or so I believe.

It's school buses in the USA that you can't overtake when they're stopped for loading/unloading...

They also teach you on your driving lessons that when stopping behind a bus that is stopped position yourself so you can see round it, and to also leave enough space between you and the bus so you can pull out and over take of safe.

I take it some of you weren't listening at that point of the lesson

and as for the people ranting about your brother can u honestly say you have never took a risk wen crossing a road in your life's

I've done no end of stupid stuff in my life that's ended up in me getting hurt. I generally regard it as my own stupiud fault and don't try to offload the blame on someone else.

While using a grinder with no guard on the other day I slipped and removed an impressive chunk of flesh out of my finger with the flap wheel. The first words out of my mouth were "you stupid idiot" swiftly followed by a few more choice insults all aimed at myself. Doing stupid shit is fine as long as you take responsibility if it goes tits up.