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N/A - Excessive speeding - groaver

Interesting article about a judge who ruled that the driver was at fault for the accident:

uk.yahoo.com/news/judge-rules-doctor-driving-too-1...l

N/A - Excessive speeding - RT

Interesting article about a judge who ruled that the driver was at fault for the accident:

uk.yahoo.com/news/judge-rules-doctor-driving-too-1...l

Nothing new in that ruling - we must always drive to the conditions, slowing down when hazards exist.

Speed limits are just that, a limit - they aren't a target.

N/A - Excessive speeding - groaver

I understand that.

However the police didn't see fit to charge her.

N/A - Excessive speeding - Adampr

I understand that.

However the police didn't see fit to charge her.

For the police to charge her, there would need to be a crime. Negligence isn't generally a crime.

N/A - Excessive speeding - bathtub tom

I hope she appeals that. It's the responsibility of all road users to take care and that includes children. It may considered the parent's responsibility for not adequately teaching the child or for nor accompanying it.

The result of this prosecution could see us all crawling along at ridiculously low speeds and children jumping out in front of us because they can.

Is there a crowd funding I can contribute to for her appeal?

N/A - Excessive speeding - Bromptonaut

The result of this prosecution could see us all crawling along at ridiculously low speeds and children jumping out in front of us because they can.

To be clear she was not prosecuted and therefore has not been convicted of any offence.

What's reported is the outcome of a Civil Court hearing concerning the girl who suffered life changing injuries in the accident. She, acting through her Mother as her 'Litigation Friend', sued the car's driver for damages. It's the outcome of that case that's reported.

The full judgment is here:

assets.caselaw.nationalarchives.gov.uk/ewhc/kb/202...f

The court decided that responsibility was 60% that of Dr Chandran. The full history, argument, law and conclusions extend to over 30 pages.

I assume Dr Chandran was insured and it will be her insurers who pay the damages which are still to be assessed; the decision here was about liability.

Edited by Bromptonaut on 06/07/2023 at 13:46

N/A - Excessive speeding - RT

I understand that.

However the police didn't see fit to charge her.

The police don't make charging decisions, that's CPS's job - in this case it may be the difference between criminal and civil law - in criminal law the case has to be proved "beyond reasonable doubt" but in civil cases it only needs to be proved "on the balance of expectation".

N/A - Excessive speeding - groaver

Sorry, to those posting above, I understood most of that.

I guess I just thought how "interesting", it will be for the driver to consider that they didn't commit a crime but were punished nevertheless.

I appreciate the difference in burden of proof.

N/A - Excessive speeding - Bromptonaut

Sorry, to those posting above, I understood most of that.

I guess I just thought how "interesting", it will be for the driver to consider that they didn't commit a crime but were punished nevertheless.

See my reply above to bathtub tom.

Para 8 on page 3 say she was not reported for any motoring offence. There may have been any number of reasons for that ranging from evidence and law to prospect of conviction.

None of that, in this or any other accident, means that nobody was negligent and liable to pay damages for the injuries caused and their consequences.

The result isn't really a punishment to the driver; her insurers will foot the bill.

Edited by Bromptonaut on 06/07/2023 at 13:49

N/A - Excessive speeding - FP

"The result isn't really a punishment to the driver; her insurers will foot the bill."

And presumably the driver's insurance will be increased as a result of the claim, so there is a "punishment", albeit an indirect one.

N/A - Excessive speeding - Bromptonaut

"The result isn't really a punishment to the driver; her insurers will foot the bill."

And presumably the driver's insurance will be increased as a result of the claim, so there is a "punishment", albeit an indirect one.

Interesting question. I've had a couple of 'my fault' claims for damage to either my own car or others. Biggest was a £4k write off of my own car; scraped length of nearside was fixable but they found steering rack damage too.

Cost a bit extra but within margins where I dealt by shopping around. Ended up paying less (Direct LIne) than before (LV).

Had I been in the frame for ten or 100 times that would I have been really hammered?

Friend who is a GP trainer used to take his charges out in a mini bus. Recall him contemplating the size of the potential insurance claim for lost earnings if a moment's innatenton left half his passengers with PVS....

N/A - Excessive speeding - Sofa Spud

Saying you were only doing 69 mph when you ran into a stationary queue of traffic on a de-restricted motorway isn't going to get you off the hook, is it? The police aren't going to say: "Oh well, that's all right then."

Exactly the same with the incident described in the original post.

Edited by Sofa Spud on 06/07/2023 at 16:40

N/A - Excessive speeding - bathtub tom

Saying you were only doing 69 mph when you ran into a stationary queue of traffic on a de-restricted motorway isn't going to get you off the hook, is it? The police aren't going to say: "Oh well, that's all right then."

Exactly the same with the incident described in the original post.

For chrissake! The kid had a RED light telling her not to cross. The driver had a GREEN light.

Do you bother to read the OP's post?

N/A - Excessive speeding - sammy1

The driver was ""guilty"" the moment she got in the car and drove off. No human who was not there could possible determine the true circumstances and the speed of the car in the prevailing conditions. I suppose a safe speed whatever that might have been would be where the driver could have stopped. As a driver it is impossible to anticipate all scenarios that might happen. Even police drivers trained to the highest standards have accidents. The driver was not prosecuted and to my mind the judge being a ""good"" person allocated a degree of blame so that the poor child has some money for a better life.

N/A - Excessive speeding - JonestHon

Isn't it reasonable to assume that if a green light was on for mire than 10 seconds cars will go at 28mph?

There is a school near us where students wait by the side of the road and jump into passing traffic as some sort of game or dare. Plod had a word with the little f**rs on more than one occasion but that is it, the game is continuing and I assume the writing is on the wall somewhere.

N/A - Excessive speeding - movilogo

The news said judge applied 60% blame to the driver and 40% to the pedestrian (the child in this case).

So it is not entirely driver's fault. Whether it is 60-40 or 0-100 that is debatable though.

I wonder whether the car had AEB and if that detected the person. It is hard to stop if someone just jumps in front of the car (when signal shows green).

Edited by movilogo on 06/07/2023 at 19:50

N/A - Excessive speeding - Bromptonaut

The driver was ""guilty"" the moment she got in the car and drove off. No human who was not there could possible determine the true circumstances and the speed of the car in the prevailing conditions. I suppose a safe speed whatever that might have been would be where the driver could have stopped. As a driver it is impossible to anticipate all scenarios that might happen. Even police drivers trained to the highest standards have accidents. The driver was not prosecuted and to my mind the judge being a ""good"" person allocated a degree of blame so that the poor child has some money for a better life.

She had a traffic camera in her car the data from which was part of the evidence used in court. AIUI and from what we see on TV these things are GPS linked so speed, position etc are recorded on the fly. If not then speed can be determined from the video by a simple time over known and measured distance calculation.

N/A - Excessive speeding - Bromptonaut

For chrissake! The kid had a RED light telling her not to cross. The driver had a GREEN light.

Do you bother to read the OP's post?

My driving instructor told me that the only certain conclusion you could draw from a green light (or I suppose a GREEN light) was that there was a circuit through the filament. Proceed but watch out in case somebody's missread the junction, a toddler escapes Mum's grip etc.

While cars have to stop at Pelican type crossings I don't think there's anything to stop pedestrians crossing on their own observation as they would anywhere else.

The girl was 12, not an adult. Late for school? Trying to catch up with mates?

I've not had time to read the judgment in full but I'm reasonably sure the Judge went through the possibilities.

N/A - Excessive speeding - madf

I am ALWAYS wary of young children at traffic lights.

Seen kid dash over when light red..many years ago. Horrible warning.

N/A - Excessive speeding - 72 dudes

Consider this alternative scenario:

12 year old girl crossing the pedestrian crossing with her light on green

Car comes along, doing just under the speed limit, but travels through the red light, hitting the girl.

How many would consider the girl negligent and 60% to blame?

N/A - Excessive speeding - Engineer Andy

For chrissake! The kid had a RED light telling her not to cross. The driver had a GREEN light.

Do you bother to read the OP's post?

My driving instructor told me that the only certain conclusion you could draw from a green light (or I suppose a GREEN light) was that there was a circuit through the filament. Proceed but watch out in case somebody's missread the junction, a toddler escapes Mum's grip etc.

While cars have to stop at Pelican type crossings I don't think there's anything to stop pedestrians crossing on their own observation as they would anywhere else.

The girl was 12, not an adult. Late for school? Trying to catch up with mates?

I've not had time to read the judgment in full but I'm reasonably sure the Judge went through the possibilities.

In my view, if it was deemed that the child was responsible enough to know right from wrong, then the 'percentage fault' should've been significanlty higher for her. I suppose it how this is determined generally against an individual's mental age and the parenting skills / due dilligence would be a matter of debate, similar to that for 'responsibility' for children committing serious crimes.

Most of us were taight the Green Cross Code well before the age of 12, and in my view would only have themselves to blame for the majority of the time.

Saying that, road users always need to keep a sharp eye out for potential hazards, including people stepping out into the road, animals, etc, and err on the side of caution to a reasonable degree. We cannot always assume no-one won't be inattentive or an i****, especially if we cannot see all the surrounding environment.

I agree that the speed limit isn't something we should 'aim for', but an absolute maximum under ideal conditions. We also shouldn't crawl around (as some do) as if there's some imminent danger all the time. Sometimes being overly cautious can induce other mistakes by concentrating on minucia / triviality rather than the bigger picture.

N/A - Excessive speeding - FP

It's often been said, in connection with "defensive driving", that you should assume every other road-user is a fool.

I suppose by extension, you should assume anyone (especially a child or animal) anywhere near the road may do something stupid.

This case has given me much food for thought. The main issue - a moral one, really - is not whether one or the other of the parties legally had right of way, but whether the driver of a potentially deadly machine weighing a tonne should exercise more care/foresight/restraint/anticipation when approaching a potential hazard.

Though I was initially outraged by the judgement, like others here, I now think it's correct and I have tried to modify my own driving in the light of it.

N/A - Excessive speeding - Terry W

The accident happened on a dark and wet might when the 12 year old was on a pedestrian crossing. The green light favoured the car.

It is not against the law to use a pedestrian crossing even if the "don't cross" light is lit.

The car driver should have paid particular attention to the possibility of someone crossing, compared to say being alert for all pedestrians. Traffic controlled crossings are obvious and normally lit improving visibility.

That the car driver apparently did not see the pedestrian may be down to:

  • going to fast for the poor conditions - rain, dark
  • not paying sufficient attention - phone, sat nav, tired, etc

Allocating the driver some responsibility seems reasonable - 60% seems unfairly high.

Age 12 the child was regarded as capable of being out alone. Most responsible parents these days would teach their child only to "cross on the green man". Either parents were remiss, or the nearly teen simply ignored that which she had been taught.

N/A - Excessive speeding - Engineer Andy

I suppose a good refence situation as regards how closely to adhere to a speed limit is 'national speed limit' country lanes, where almost always it is utterly reckless to drive at 60mph, or often anything more than 30mph, because of the many blind bends, narrowness of the road and the prevalence of hidden entrances, damaged / downed trees (obstructions), potholes and wildlife.

N/A - Excessive speeding - Sofa Spud

Saying you were only doing 69 mph when you ran into a stationary queue of traffic on a de-restricted motorway isn't going to get you off the hook, is it? The police aren't going to say: "Oh well, that's all right then."

Exactly the same with the incident described in the original post.

For chrissake! The kid had a RED light telling her not to cross. The driver had a GREEN light.

Do you bother to read the OP's post?

Pedestrians often cross when the lights are red for them. Drivers should always be aware of this possibility. I had a pedestrian walk out in front of me when the light was green for me the other day. I slowed down.

If a motorist hits a pedestrian, it's the motorist's fault.

N/A - Excessive speeding - groaver

If a motorist hits a pedestrian, it's the motorist's fault.

Not always.

N/A - Excessive speeding - Bilboman

A tragic case, which raises some important issues. Rule 125 of the Highway Code is quite
clear on interpretation of "maximum" speeds (The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions.)
In many (most?) countries, the driver is not king of the road, which is, in my experience, a commonly-held belief, as reinforced by countless sessions at the Tufty Club at kindergarten, public information films of the Green Cross Code (Alvin Stardust's famous line "You must be out of your tiny minds!") and my Cycling Proficiency Test training at middle school, all of which drummed into me that cars are dangerous, to be feared and always have priority over everything else. Priority or not, in the words of Sergeant Esterhaus, "Let's be careful out there!"

N/A - Excessive speeding - Andrew-T

Rule 125 of the Highway Code is quite clear on interpretation of "maximum" speeds (The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions.)

Except on M'ways, speed limits have little connection with the actual speed at which it makes sense to drive. Essentially it is the speed which you can be prosecuted for exceeding (with certain allowances such as 10% + 2 etc.).

N/A - Excessive speeding - John F

Well, I've read the judgement and it's full of inconsistencies and obfuscation (e.g. 'binary truth values' and 'forensic yardsticks'). Jeez, give me strength!

Basically, a child tried to dash across a busy road between two cars at a pelican crossing on a dark rainy winter morning and collided with the following car. Only UK lawyers could expensively expand her tragic error of judgement during the next five+ years into a 'bundle' of 757 pages' and a 'judgement' of 120 pages. Goodness knows how much it all cost.

Para 5 'she stepped onto the crossing' P25 'she was moving at 4.8m/s...' (that's 17,280m per hour, over 10mph!) And that apparently included a 'freeze' time so she must have suddenly started to dart as fast as she could, then suddenly realised she couldn't make it. P30 'it is possible (she) would have kept running' P 85 'no doubt the claimant froze for 0.3secs'. It would be interesting to see the available videocam footage but despite a last split-second swerve it seems to me the driver didn't have a cat in hell's chance of avoiding her.

The tone of Para 40 seems to me that 'the court' (an absurd way of referring to Mr Dias, the tyro judge) took an instinctive dislike of Dr Chandran's confident and understandably defensive demeanour. She would have been under a prolonged adversarial attack by the prosecuting barrister. The next twenty five paragraphs of obfuscatory verbiage appear to indicate that he was jolly well going to find her guilty. The photo of the crossing in P33 is taken in broad daylight and in no way reflects its appearance through a rain splattered windscreen (were the wipers on?) at night, which would doubtless have been dominated by the two green traffic lights, drawing the eye towards them. We don't even know what clothing the child was wearing to render her more or less visible. Nor is there any question about the child's eyesight. In all the extensive discussion about whether or not the child was seen, or at least not seen until the last split second, I find it astonishing that these questions are not mentioned.

P 74 'She is not an expert. She does not decide the reasonable speed, the court does'. This seems an arrogant statement. Where is the evidence that Mr Dias is any more of a driving expert than Dr Chandran? Perhaps 'the court' might take note of experts, but he even says (P31)...'I emphasise......that I do not decide this case on expert evidence'!! So is it just the judge's gut feeling?

The doctor drove this route many times (P35). I wonder how often the child crossed here, taking her chances with the traffic, as 12yr olds so often do?

Finally, I think P116's conclusion that 'the defendant is chiefly responsible for the collision' is unjust to the point of absurdity. I wonder if it was influenced by a thought that there might be an appeal, resulting in a few more Pullman Cars added to this already slow and lengthy legal gravy train?

This post interests to me, as over fifty years ago a child ran out between two parked cars and collided with mine. Fortunately there were no consequences as she jumped up and ran off, but it could have been tragically very different. The mental anguish of the unfortunate doctor can only be imagined.

N/A - Excessive speeding - Smileyman

I had a similar misfortune when I was 17 or 18 and only a few months after passing my driving test. A child ran out of a sweet shop, between two parked cars and into the road of traffic. I had stopped in time but the child still ran into the passenger side of my car and ran off. I drove after her to check she was OK but she wanted to continue on. I reported this incident to the police but never heard from them.

I haven't read the complete thread, in my view it is the responsibility of the parents / guardians to ensure children are educated how to be safe pedestrians, and the guilt of blame must not be shifted to motorists driving safely if the child cannot demonstrate good usage of this education in a real life situation. The education must include safe night time road usage. A shudder of past fear runs down my spine just recalling this today.

N/A - Excessive speeding - John F

and the guilt of blame must not be shifted to motorists driving safely

Quite so. In this country there is a now a toxic blame culture which, coupled with our sluggish costly adversarial legal system, is good for nobody caught up in it, except of course the burgeoning platoons of lawyers which have prospered hugely over the past fifty years or so despite any obvious creation of goods or service. They mental anguish they create is of course immeasureable. (When I qualified as a medic in the early 70s there were about 30,000 GPs and not many more lawyers. Now there are about 150,000 lawyers and....about 30,000 GPs.)

Because they now rule the roost, we will probably never get a sensible no fault compensation scheme as per more enlightened jurisdictions, e.g.New Zealand.

N/A - Excessive speeding - Andrew-T

A child ran out of a sweet shop, between two parked cars and into the road of traffic. I had stopped in time but the child still ran into the passenger side of my car and ran off.

This is essentially what happened to my father in 1931. He was riding his Ariel motorbike from Colchester to Cheltenham when a child looking in a shop window suddenly ran across the road. There would have been very little traffic, but Father jammed on the brakes, went over the handlebars and cracked some vertebrae on landing. After being given 6 weeks, he survived 18 months in hospital.and lived to 90 (luckily for me).

N/A - Excessive speeding - bathtub tom

I've had a few:

Kid ran out between two parked cars. I was in a bubble car and had just turned left. Stood on the brakes and the silly little sod fell down in fright. I think I didn't touch him.

Passing a stationary bus on my left a bloke darted out. I was on a motorbike going slow. Applied brakes and pulled the clutch just as he ran into my handlebars. Crushed nuts! When he was able to speak he said he didn't bear me a grudge.

Kid ran out in front of a stationary bus as I was passing. Braked hard and stopped in time, but I found out what the broken cable between the gearbox and chassis was for. The fan drove into the radiator and I replaced fan, radiator and cable.

N/A - Excessive speeding - Brit_in_Germany

Maybe the judge wanted to find a way for the young girl to receive financial assistance to fund her care so found in her favour then generated enough waffle to support the case. After all, if the insurance company has to pay it doesn't cost anyone.

N/A - Excessive speeding - groaver

. After all, if the insurance company has to pay it doesn't cost anyone.

Okay..

N/A - Excessive speeding - Andrew-T

. After all, if the insurance company has to pay it doesn't cost anyone.

Okay..

I think a large number of people think along those lines. Of course what they really mean is it costs someone else, or many others a relatively trivial amount. I sometimes wonder what proportion of any purchase price represents the actual cost of an item, allowing for ads and all the other hype behind the scenes ....

N/A - Excessive speeding - John F

........ After all, if the insurance company has to pay it doesn't cost anyone.

Hmm. Is it possible to convey dead pan irony in print?

N/A - Excessive speeding - Brit_in_Germany

If we could use emoticons, yes. I guess I could have typed "swivel eyes" or something similar.

N/A - Excessive speeding - Andrew-T

If we could use emoticons, yes. I guess I could have typed "swivel eyes" or something similar.

We can use them, and I often use the common ones. What we can't use is the 'pictorial' emojis. Most emoticons are keyboard combinations which modern email programs convert into emojis automatically.

:-) :-( ;-) etc

N/A - Excessive speeding - Brit_in_Germany

(???)

Nope, didn't work.

Edited by Brit_in_Germany on 10/07/2023 at 16:38

N/A - Excessive speeding - groaver

If we could use emoticons, yes. I guess I could have typed "swivel eyes" or something similar.

Ah! Sorry B-I-G.

I tend to use the, ".." but I guess no one else knows what I mean..