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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice.
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While weaving on my scooter past stationary traffic at appr

Customer Question

While weaving on my scooter past stationary traffic at appr 25mph I hit a pedestrian who suddenly emerged from between the stationary cars and looked the wrong way. The pedestrian crossed thgis way when he was appr 50mtrs from a regular crossing. I did not contravene any road markings. The charge is ' driving without due care'.

My points are:
- i used appropriate speed and was in an appropriate spot
- pedestrian did not use due care
- I could not avoid the accident as he emerged with just one car length to go

I believe there is a high court case relevant to this - would you know which one?

What is your read of the chances that the court will find me not guilty
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What speed were you doing?
Customer: replied 3 years ago.

see first line


 


appr 25mph

Expert:  Jo C. replied 3 years ago.
Was that amongst stationary traffic?

Customer: replied 3 years ago.

no - on the outside of two lianes along the center divide without oncoming traffic

Expert:  Jo C. replied 3 years ago.
There isn't any case law upon this. This is a simple question of fact.

They have to prove that your driving fell below the standard of the competent and experienced rider.

To be wholly honest, I'm afraid I cannot agree that 25 mph in this circumstance was an appropriate speed. Of course, it was within the speed limits but given the surrouding circumstances it was an excessive speed I'm afraid. I was always taught never to filter in stationary traffic at any more than 10 mph even when passing over the other side of the road for exactly this reason. Pedestrians are not always careful and I know thats unfair. Motorcyclists are given responsibility for avoiding hazards caused by other road users. That is basically what the hazard avoidance test is. It seeks to simulate a situation where a car pulls out in front of you and you have to swerve to avoid it at 30 mph. Pedestrians, on the other hand, seem to think they can do what they like and its everybody else's fault if anybody hits them.

Whether Magistrates will pick up on it is another matter. Magistrates generally are not recent bikers and won't be aware of the excessive responsibilities placed upon bikers.

If you get through that hurdle though, otherwise you have a good case. The truth is that you probably still would have hit the pedestrian even if your speed was at 10 mph. I suppose the only point they could make is that you may have been able to stop at 10 mph an hour although thats more of an issue for the civil lawyers.

You also need to be careful about concentrating on the lack of care of the pedestrian. Of course, he didn't use proper care but then pedestrians seem to think they can do what they like. Remember the issue for the court is your standard of driving and your purpose should be defending that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70012
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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