Q&As

Can you direct me to case law regarding contributory negligence in circumstances where a pedestrian steps out without looking in between parked vehicles and the driver of the parked vehicle fails to see the pedestrian, reverses and collides into them?

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Published on LexisPSL on 11/05/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Can you direct me to case law regarding contributory negligence in circumstances where a pedestrian steps out without looking in between parked vehicles and the driver of the parked vehicle fails to see the pedestrian, reverses and collides into them?
  • Highway Code
  • Contributory negligence
  • Case law

Highway Code

Rules 14 and 15 of The Highway Code provides the following guidance to pedestrians:

‘Rule 14 (Parked vehicles

If you have to cross between parked vehicles, use the outside edges of the vehicles as if they were the kerb. Stop there and make sure you can see all around and that the traffic can see you. Make sure there is a gap between any parked vehicles on the other side, so you can reach the pavement. Never cross the road in front of, or behind, any vehicle with its engine running, especially a large vehicle, as the driver may not be able to see you.

Rule 15 (Reversing vehicles)

Never cross behind a vehicle which is reversing, showing white reversing lights or sounding a warning.’

Rule 202 of the Highway Code provides the following guidance to drivers:

‘Look carefully before you start reversing. You should:

  1. use all your mirrors

  2. check the ‘blind spot’ behind you (the part of the road you cannot see easily in the mirrors)

  3. check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you.’

Contributory negligence

Apportionment tends to be in a pedestrian’s favour based on the fact that a car can do more dam

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