Car owner liable to pay even if pedestrian is negligent

EssYouWe · 11th October 2009, 00:31

Argh! No offense to you guys, I just absolutely hate people who honk incessantly.

In Delhi, honking is usually used as a solution to getting an illegally stopped car to move.

I understand pedestrians are unable to discern anything out of a light blink and a horn is necessary at times, lets just try and keep it in short and few bursts!

I hope we move towards more pedestrian friendly roads!

By the way, Delhi has some signals where a pedestrian can press a switch to get the signals to go red and then cross safely. I doubt many people know and even if they did, they won't be able to use it. Why?
Because street urchins decided to rip them off.

serpente · 12th October 2009, 20:04

I am totally for the motion that pedestrians should get compensated in an accident even if its their fault. I say this because vehicles were invented later and are non-living beings. humans have the first right to land.

But as far as India is concerned, the people itself lack the civic sense. Red lights, Zebra crossings, No entries, difference between highways and streets just doesn't matter to anyone. People cross roads at their will without any consideration for ongoing traffic. Even railway crossings is a problem. Many prefer jumping the tracks rather than walking a little extra and taking the foot-over bridge.

It doesn't happen like that in other developed nations. People out there have a sense of crossing roads and obeying rules and regulations. That is one things Indians can't do. A nation will become developed when its citizens develop a strong civic sense. In India, that seems too far fetched.

I love my country India because of the freedom that I enjoy here. But i hate to see it lagging behind.

EssYouWe · 12th October 2009, 21:31

I am totally for the motion that pedestrians should get compensated in an accident even if its their fault. I say this because vehicles were invented later and are non-living beings. humans have the first right to land.

You do realise that the driver, whose life you will completely destroy, is also a human being. I don't understand your point. Do explain it again!
Thanks!

NetfreakBombay · 12th October 2009, 22:10

All,

I don't think this compensation would have ANY financial impact on driver. Insurance (third party) should take care of compensation.

khoj · 13th October 2009, 00:16

Quote:

Originally Posted by NetfreakBombay

All,

I don't think this compensation would have ANY financial impact on driver. Insurance (third party) should take care of compensation.

Do you seriously believe it is that simple?

NetfreakBombay · 13th October 2009, 01:04

In financial terms, yes.

There would be a lot of other costs (stress, time spent in courts etc etc) but compensation itself should be taken care of by insurance.

That is unless it was DUI or other illegal situation.

Vid6639 · 13th October 2009, 09:02

There's an incident in bangalore as well yesterday.

On Hosur road near Singasandra, a pedestrian was crossing and was hit by a speeding car. The driver has been arrested.

Now the thing is that, pedestrian crossing is not allowed at that point. You have to jump the metal fence median and then cross the road. Then how does one cross if the median is fenced? Simple, use the damn underpass provided. There is a well lit underpass in operation for almost 6 months. There's one at Kudlu and one at Singasandra, yet you see hardly any pedestrians use it and instead they try to dart across 4 lanes of traffic and climb the median then do the same on the other side of the road.

I don't know why car driver's should be arrested for that stupidity.

vinaydas · 13th October 2009, 16:13

jaywalkers will be more happy now

vid6639 i had the same experience with jaywalkers on the new airport road.
it was raining heavily and i was around 100 and all of a sudden an imbecile jumps the metal fence and sprints across the road. luckily he dint slip and fall on the slippery road or else he would have been road kill for sure.

serpente · 13th October 2009, 17:37

Quote:

Originally Posted by EssYouWe

You do realise that the driver, whose life you will completely destroy, is also a human being. I don't understand your point. Do explain it again!
Thanks!

Cars and vehicles are a luxury after all. Not everyone can own one. Those who can't afford to own one do have the right to being able to walk freely anywhere. It is just that the imbeciles, who would not think twice before jumping the roadside railing and dashing across the highway with cars doing 100 mph, should use wise thinking and discretion in crossing safely.

In a country like India, people break rules very easily.

amitoj · 13th October 2009, 18:37

Quote:

Originally Posted by vinaydas

vid6639 i had the same experience with jaywalkers on the new airport road.
it was raining heavily and i was around 100 and all of a sudden an imbecile jumps the metal fence and sprints across the road. luckily he dint slip and fall on the slippery road or else he would have been road kill for sure.

And you my friend, would have been in jail for sure. "Heavy rains" and "100" in one sentence does not make for a good case.

puneet8796 · 13th October 2009, 18:59

In all countries across the world, pedestrians have the first right of way. In fact in USA and Europe, it is frowned upon to honk at a pedestrian even if he/she is walking on the middle of the road and blocking your car.

But, they apply fines on pedestrians (and that too heavily) if they are caught jaywalking on a freeway or even inside the cities where there is no pedestrian walkway.

All said and done, since our laws in this regard are pretty lax, I believe it would be general courtesy for cars to stop and give way to pedestrian if they want to cross a road.

EssYouWe · 13th October 2009, 19:15

Absolutely agree with Amitoj.

It is our duty as drivers to adhere to the rules just as we expect pedestrians to adhere to them. 100 would be above the limit almost everywhere. Do show some restraint. I know our traffic rules try to smother the driver in us, but we can not go on breaking rules.

khoj · 14th October 2009, 00:30

Quote:

Originally Posted by puneet8796

In all countries across the world, pedestrians have the first right of way. In fact in USA and Europe, it is frowned upon to honk at a pedestrian even if he/she is walking on the middle of the road and blocking your car.

But, they apply fines on pedestrians (and that too heavily) if they are caught jaywalking on a freeway or even inside the cities where there is no pedestrian walkway.

All said and done, since our laws in this regard are pretty lax, I believe it would be general courtesy for cars to stop and give way to pedestrian if they want to cross a road.

The scenarios in your first two paras are ideal but will never be a reality in our country given the sheer number of pedestrians on the road.

In Navi Mumbai the planned city roads have gone for a toss with the population explosion and every single time that I have stopped to let people waiting in groups to cross over the entire world behind me explodes in a cacophony of shrill horns, name calling and what not. Infact quite a few people waiting to cross over also are surprised/shocked that someone has actually stopped to let them cross rather than some brave souls who force vehicles to stop.

More than courtesy now it is a calculated decision if I see old people or people with small kids I always stop if it is able bodied people well I just grit my teeth and keep rolling.

ramkris · 15th October 2009, 07:42

I have 2 street experiences related to this I want to share.

At nights, I see people randomly crossing the roads not aware of the fact that they may not even be visible to the poor cars/bikes who are blinded by the opposing vehicles driving usually in high beams. I myself had close calls driving my bikes as well as cars, and once even fell down at slow speed hard braking to avoid one such accident.

Another one being that, in a traffic signal, I saw people started moving even when the red lights were ON!. When I went near the signal, I saw a traffic constable, waving vehicles to go, even with the red light on. I understand, in some countries, a human traffic police has precedence over the signal lights, signal lights have precedence over traffic signs and so on, but how does it work out in India? Isnt there a chance, you could be fined for jumping a red signal?

vinaydas · 15th October 2009, 08:08

Quote:

Originally Posted by amitoj

And you my friend, would have been in jail for sure. "Heavy rains" and "100" in one sentence does not make for a good case.

well im still driving around the speed limit.
its not specified that during rain there is a different speed limit

11th October 2009, 00:31	#91
EssYouWe Senior - BHPian Join Date: May 2009 Location: Lucknow Posts: 1,391 Thanked: 18 Times	Argh! No offense to you guys, I just absolutely hate people who honk incessantly. In Delhi, honking is usually used as a solution to getting an illegally stopped car to move. I understand pedestrians are unable to discern anything out of a light blink and a horn is necessary at times, lets just try and keep it in short and few bursts! I hope we move towards more pedestrian friendly roads! By the way, Delhi has some signals where a pedestrian can press a switch to get the signals to go red and then cross safely. I doubt many people know and even if they did, they won't be able to use it. Why? Because street urchins decided to rip them off.
	() Thanks

12th October 2009, 20:04	#92
serpente BHPian Join Date: Nov 2008 Location: mumbai Posts: 83 Thanked: 0 Times	Indians need to learn some civic sense I am totally for the motion that pedestrians should get compensated in an accident even if its their fault. I say this because vehicles were invented later and are non-living beings. humans have the first right to land. But as far as India is concerned, the people itself lack the civic sense. Red lights, Zebra crossings, No entries, difference between highways and streets just doesn't matter to anyone. People cross roads at their will without any consideration for ongoing traffic. Even railway crossings is a problem. Many prefer jumping the tracks rather than walking a little extra and taking the foot-over bridge. It doesn't happen like that in other developed nations. People out there have a sense of crossing roads and obeying rules and regulations. That is one things Indians can't do. A nation will become developed when its citizens develop a strong civic sense. In India, that seems too far fetched. I love my country India because of the freedom that I enjoy here. But i hate to see it lagging behind.
	() Thanks

12th October 2009, 21:31	#93
EssYouWe Senior - BHPian Join Date: May 2009 Location: Lucknow Posts: 1,391 Thanked: 18 Times	I am totally for the motion that pedestrians should get compensated in an accident even if its their fault. I say this because vehicles were invented later and are non-living beings. humans have the first right to land. You do realise that the driver, whose life you will completely destroy, is also a human being. I don't understand your point. Do explain it again! Thanks!
	() Thanks

12th October 2009, 22:10	#94
NetfreakBombay Senior - BHPian Join Date: Jan 2008 Location: Bombay Posts: 1,466 Thanked: 1,021 Times	All, I don't think this compensation would have ANY financial impact on driver. Insurance (third party) should take care of compensation.
	() Thanks

13th October 2009, 01:04	#96
NetfreakBombay Senior - BHPian Join Date: Jan 2008 Location: Bombay Posts: 1,466 Thanked: 1,021 Times	In financial terms, yes. There would be a lot of other costs (stress, time spent in courts etc etc) but compensation itself should be taken care of by insurance. That is unless it was DUI or other illegal situation.
	() Thanks

13th October 2009, 09:02	#97
Vid6639 Team-BHP Support Join Date: Jul 2006 Location: Bangalore Posts: 17,729 Thanked: 43,465 Times View My Garage	There's an incident in bangalore as well yesterday. On Hosur road near Singasandra, a pedestrian was crossing and was hit by a speeding car. The driver has been arrested. Now the thing is that, pedestrian crossing is not allowed at that point. You have to jump the metal fence median and then cross the road. Then how does one cross if the median is fenced? Simple, use the damn underpass provided. There is a well lit underpass in operation for almost 6 months. There's one at Kudlu and one at Singasandra, yet you see hardly any pedestrians use it and instead they try to dart across 4 lanes of traffic and climb the median then do the same on the other side of the road. I don't know why car driver's should be arrested for that stupidity.
	() Thanks

13th October 2009, 16:13	#98
vinaydas Senior - BHPian Join Date: Apr 2007 Location: Bengaluru Posts: 1,399 Thanked: 148 Times	jaywalkers will be more happy now vid6639 i had the same experience with jaywalkers on the new airport road. it was raining heavily and i was around 100 and all of a sudden an imbecile jumps the metal fence and sprints across the road. luckily he dint slip and fall on the slippery road or else he would have been road kill for sure. Last edited by vinaydas : 13th October 2009 at 16:15.
	() Thanks

13th October 2009, 18:59	#101
puneet8796 BHPian Join Date: Aug 2009 Location: Bangalore Posts: 35 Thanked: 0 Times	Right of way In all countries across the world, pedestrians have the first right of way. In fact in USA and Europe, it is frowned upon to honk at a pedestrian even if he/she is walking on the middle of the road and blocking your car. But, they apply fines on pedestrians (and that too heavily) if they are caught jaywalking on a freeway or even inside the cities where there is no pedestrian walkway. All said and done, since our laws in this regard are pretty lax, I believe it would be general courtesy for cars to stop and give way to pedestrian if they want to cross a road.
	() Thanks

13th October 2009, 19:15	#102
EssYouWe Senior - BHPian Join Date: May 2009 Location: Lucknow Posts: 1,391 Thanked: 18 Times	Absolutely agree with Amitoj. It is our duty as drivers to adhere to the rules just as we expect pedestrians to adhere to them. 100 would be above the limit almost everywhere. Do show some restraint. I know our traffic rules try to smother the driver in us, but we can not go on breaking rules.
	() Thanks

15th October 2009, 07:42	#104
ramkris BHPian Join Date: Oct 2007 Location: Bangalore Posts: 122 Thanked: 20 Times	I have 2 street experiences related to this I want to share. At nights, I see people randomly crossing the roads not aware of the fact that they may not even be visible to the poor cars/bikes who are blinded by the opposing vehicles driving usually in high beams. I myself had close calls driving my bikes as well as cars, and once even fell down at slow speed hard braking to avoid one such accident. Another one being that, in a traffic signal, I saw people started moving even when the red lights were ON!. When I went near the signal, I saw a traffic constable, waving vehicles to go, even with the red light on. I understand, in some countries, a human traffic police has precedence over the signal lights, signal lights have precedence over traffic signs and so on, but how does it work out in India? Isnt there a chance, you could be fined for jumping a red signal?
	() Thanks