trickstat wrote: ↑Wed Nov 21, 2018 17:50
A couple of points occur to me here:
1) Are there are any actual offences the pedestrian might be guilty of? I'm not condoning people ignorantly or ambling into a bus or cycle lane but I am unaware of any particular laws that could be applied.
2) I suspect in many incidents the injuries incurred by the pedestrian are quite enough punishment. Obviously this doesn't apply in a situation where evasive action leads to the ped being unharmed but leads to an injury for the cyclist or passengers on a bus or tram.
I deliberately avoided words like "offence", "guilty" and "punishment". It's neither workable nor desirable to introduce a framework of legally enforceable behaviour for pedestrians, and as I said, pedestrians can perfectly safely take shortcuts without inconveniencing anyone. Even when pedestrians do cause injury or loss by their own irresponsible behaviour, I am not suggesting criminal charges. No criminal charges result in the majority of car-on-car collisions either, but there is a clearly established mechanism by which the injured party gets some form of recompense, and the person responsible for the problem pays in some way. Either the parties come to an agreement directly or their respective insurers are involved.
I can imagine two scenarios where perhaps criminal responsibility could be considered for pedestrians. Firstly, the equivalent of a hit-and-run. If you're involved in a traffic accident, you must stop and exchange details with the other(s) involved. There's no very good reason why that shouldn't apply to pedestrians and cyclists as well. Secondly, if, having caused an accident through inattention, you then start to get lippy with the person you've caused to crash. Road rage is a thing, and it's an aggravation when it occurs among drivers but is apparently perfectly OK for pedestrians.
There's a good reason for that latter observation - we have been drip-fed for generations the idea that the pedestrian is always in the right. Under the 1960s car-is-king transport infrastructure philosophy, the idea was to prevent contact between motorists and pedestrians as much as possible. There should be physical barriers to stop people interacting with traffic except where crossings were provided, and in these cases it was possible to say the pedestrian is always right: a collision "could only" occur either on a crossing (clearly the pedestrian is right) or where a driver is so out of control that they leave the road and hit someone on the pavement (ditto). Quite reasonably, these days we want to ensure that the roadway in general is a space that all can use in a reasonable way, and we want to get away from muggers' paradise concrete alleys and underpasses vs. soulless, barricaded expressways with no pavements. But the flip side of that is that
everyone using those more communal spaces follows the same basic requirements of (a) being aware of what's going on around them, (b) not interfering with someone else's priority - regardless of mode - in a way that makes them change direction or speed, and (c) taking responsibility for their own actions if they get it wrong (which we all do from time to time, regardless of mode).