Timely post.
I am as we speak filling in a witness form for an accident I was behind in London (on Friday 13th . . . gulp), where a motorbike had screamed away from a set of lights and wiped out a pedestrian who was dawdling while crossing the road.

It asks for my opinion as to blame, and being honest I have to say both of them.

What I do know though is that I, and 99% of other motorcyclists would not have hit that woman. The guy was going nuts.
(username failed moderation, Thu 26 Jan 2012, 9:07, 2 replies)

If the pedestrian was already in the road
then it was unambiguously the motorcyclists fault.
Pedestrians always have right of way except, of course, when they just step out into oncoming traffic that has no chance of stopping - that's when Darwinian selection takes over.
( P-MONKE We're all fucked, Thu 26 Jan 2012, 10:07, closed)

How in any way is that both of them?
If the pedestrian is already on the road then it doesn't matter that the lights have changed, it's the motor cyclists fault morally and legally.
( scarpe We Stole Bikes, Thu 26 Jan 2012, 11:19, closed)

Probably right,
but the pedestrian was running across after the lights had changed. Being objective;

- She shouldn't have been in the road.
- It was dark
- He had gone through a green light
- Although he was giving it the beans, he probably didn't have enough time/space to get over the speed limit (30mph), by the time he hit her.

I'd tend to say the biker was responsible, if I had to choose just one of them. He was being an idiot, the accident simply shouldn't have happened.

But, she has to take some of the blame.

Legally I think you're both correct. He may well get prosecuted. Fine by me.
(username failed moderation, Thu 26 Jan 2012, 11:48, closed)

If they crossed after the lights had changed then that's different, I agree.
I didn't get that from the original post though, I thought they were just being slow.
( scarpe We Stole Bikes, Thu 26 Jan 2012, 11:51, closed)

I'm not sure
whether she did or not - it's a 3 lane road, but she'd have to have been crossing very slowly to have started out with a green man and not got across before the lights changed.

On balance I'm not disagreeing with you, just saying that she was in the road when she shouldn't have been. Legally speaking I know that isn't carte blanche to splat her, but then the biker didn't do it on purpose.

Interestingly, as a witness, I am invited to give an opinion on what action should be taken. I said the biker should be sent on a driving imporovement course.
(username failed moderation, Thu 26 Jan 2012, 11:59, closed)

Indeed this.
Pedestrians have right of way everywhere except motorways, whatever the status of the lights.
( Je suis un vagabond is an unfunny, up your own arse middle class knob, Thu 26 Jan 2012, 13:20, closed)