Steve wrote:
stevegarrod wrote:
The above claim has been made here, based on this table:
table 4i RCGB2007_screenshot.PNG (31.15 KiB) Viewed 130 times
This is a blatant misrepresentation of the recorded stats.
It is a direct lift/screenshot from the UK's most comprehensive and quite recent casualty report - it cannot be a misrepresentation. 100 – 26 = 74, no problems there!
If a road user group is at fault then they are at fault; had they not have made those errors then the great majority of those accidents (probably 95%) would not have occurred. It is true there may be other convoluted contributory factors, such as drink drivers, but if they're within the speed limits then the pedestrian who fails to look properly is still at fault (as is the drink driver, I'm not saying they're not at fault). Had the pedestrian looked properly they
would have avoided being in the path of said drink driver who is acting in a predictable manner (who is still at fault if they have impaired awareness of the proximity and/or response time to evade).
I suspect you've misunderstood what I said about being at fault, I didn't say these at-fault pedestrians were the only faulty party involved.
If you can prove otherwise, now is the time; otherwise accept the known and irrefutable DfT fact that 74% of all pedestrians casualties do indeed contribute to their own accidents.
Steve, look at the graph.
It is a recording of PEDESTRIAN activities that led to an accident. The table doesn't even record any other influences. To take the graph at face value you would have to assert that drunk/drugged/speeding/distracted or speeding drivers do not exist!
Now, a table dealing exclusively with accidents caused by drunk drivers would no more reflect a fair representation of ALL accidents than your table does!
There are various reasons that why the pedestrian accidents takes place. In few a cases it is because of the fault of the pedestrian, for instance, a kid might run out straightforwardly in front of the car. If the vehicle is too close to stop, accident probably may happen. Nevertheless, in case if the vehicle was gearing during the impact then it may be classed as driver’s fault, though if the pedestrian have run out or walked in front of vehicle. In maximum numbers of cases, the pedestrian is not at fault but the cause of negligence of the driver. The negligence includes:
* The driver is pre-occupied or not paying attention
* The driver is not following the speed limit on a particular road
* The driver is unable to stop at the pedestrian crossing
* The driver is not able to pay attention while driving
* The driver is found of consuming alcohol or drugs
To post a table that EXCLUDES all these possibilities is disingenuous, that's why the ROSPA data (that 95% of RTAs involve DRIVER error) is more robust, since it includes the factors you have excluded!
The legal profession disagree with you:
In 2005 more than 33,000 pedestrians were injured in road traffic accidents, most of them through no fault of their own. Drivers must drive carefully and thoughtfully and maintain a proper lookout for potential hazards and danger to themselves and others on the road. "I didn't see you" is not a valid excuse.
http://www.accidentcompensation4u.com/p ... tion-claimROSPA disagree with you, see above.
Case law disagrees with you:
"[The case creates] an effective presumption that the negligent car
driver (or perhaps the driver of the larger, more dangerous vehicle,
where there is a collision between two road vehicles) will normally be
required to bear the greater responsibility than the negligent pedestrian
with whom he is in collision."
This doesn't seem exceptionable to me.
While a decision to refuse permission to appeal such as Parkinson is
not authority for any general proposition, the Court of Appeal in Lunt v
Khelifa [2002] EWCA civ 801 and Eagle v Chambers [2003] EWCA civ 1107 have
come close to articulating a doctrine that the car diver will generally be
held to bear the majority of blame in running down cases. In Eagle, the
Court allowed an appeal by a Claimant pedestrian against an apportionment of
liability that had been put at 60/40 against her, substituting it for 60/40
in her favour. The Court reiterated the need for a judge assessing
contributory negligence to look to the blameworthiness of the parties as
well as to the 'causative potency' (or 'destructive disparity') of the
parties. Hale LJ (giving the judgment of the Court) stated:
"A car can do so much more damage to a person than a person can
usually do to a car. [] The potential destructive disparity between the
parties can readily be taken into account as an aspect of blameworthiness.
[] It is rare indeed for a pedestrian to be found more responsible than a
driver unless the pedestrian has moved into the path of an oncoming
vehicle." She went on to cite Latham LJ in Lunt (above), who had stated:
"the court has consistently imposed upon the drivers of cars a high burden
to reflect the fact that the car is potentially a dangerous weapon."
In Parkinson the Claimant was under the influence of alcohol and had
stepped out from behind a parked taxi into the path of the Defendant's
police car, which he should have seen. The Defendant's driver was driving at
40mph (above the speed limit) in a built up area at night and ought to have
anticipated that pedestrians might emerge from behind the parked taxi. The
trial judge held the Defendant 65% responsible and the Claimant 35%
responsible. No doubt this was a nasty shock for the Defendant and his legal
advisors. Many common lawyers would disagree with that apportionment. The
reasoning of the trial judge was somewhat unusual. He found that the
Claimant's most serious injuries would have been avoided had the Defendant's
vehicle been driven at a reasonable speed and that the Defendant's
negligence therefore had a greater 'relative causative potency' than that of
the Claimant, so that the Defendant should bear the greater degree of
liability.
Note, in the Parkinson example the driver's culpability would not even be recorded in your graph.
See what I mean about dishonesty?
You should note, too, that blame is not routinely apportion in DfT reports since it is such a problematic area. For that reason alone, quite aprt from your selective quoting, the graph you cite is useless at apportioning blame accurately.