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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
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My 84 year old father in law was recently knocked down on a

Resolved Question:

My 84 year old father in law was recently knocked down on a pedestrian crossing by a van driver only doing approx 7 - 10 mph as he was turning onto the road with the crossing immediately before it. As a result my father in law was cared for by paramedics on the scene and took him to hospital. They initially thought it was a hit and run as the van driver did not stay around to make sure he was ok, local people did that. He ended up staying in hospital overnight, having been checked over and staples being applied to his head wound. As he is old he did not want to pursue the matter any further.
He has however, received a letter from a "no win, no fee" company asking for details of his insurer as the van driver was to claim damages against him. Having spoken to the police who attended the scene and viewed cctv from the nearby bank, they state that they could not put full blame on either side as it indicates that my father in law did not look closely enough at oncoming traffic but the van driver should have taken more care and consideration whilst driving up to a zebra crossing. Note that we have to get this fact confirmed by the policeman in question yet.
I have driven for over 40 years myself and always understood that the pedestrian had right of way as he stepped on the crossing. It is very worrying for my 84 year old father in law as his only income is his state pension.
Any advice would be greatly appreciated.
Thank you John
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.
Need to know who would be in wrong. My GF was on the crossing when hit. The crossing is very close to roundabout, say 10 to 15 metres away. The crossing my GF Was using is at 9 o'clock, the road that the van driver was exiting onto the roundabout was at 7 o'clock. There are two more roads onto roundabout, one at 11 o'clock and one at 4 o'clock. From this information you can see the van driver would have had full view of my GF to his left but my GF would have to look over his shoulder to see the van.
Would the van driver be responsible for for knocking down my GF as he had full view of the crossing, or would my GF be responsible for not fully looking around before using the crossing? Also how could they make a claim against my GF as he was the one hospitalised and there was no damage to the van as it pushed my GF over at 7mph.
Expert:  Jo C. replied 1 year ago.
Is this a pedestrian crossing?
Customer: replied 1 year ago.
Yes, it is. I should have made it clear my GF was using the crossing with the roundabout to his right and the van came from his right.
Expert:  Jo C. replied 1 year ago.
A pedestrian does have right of way on a pedestrian crossing but that doesn't mean that a pedestrian can step onto a crossing whatever the risks.This is the law of negligence rather than the law of road traffic.A reasonably careful pedestrian would check that it was safe to cross before crossing. If your father in law did not then that is negligent. However, the van driver was also negligent on these facts which would reduce the award.I'm not sure what they intend to claim for anyway if there was no damage.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thanks Jo, we are scripting a letter to this company pointing out this probable negligence on both sides and wanting to know what the claim is for, as we can see no basis for it. As a last point, would you agree with our approach by letter. My GF does not have the funds or will to pursue it, although we may be pushed into it.
Expert:  Jo C. replied 1 year ago.
Doesn't he have house insurance?
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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