Churchill Say Ohhhh No!

[chr1s]

Report states "grass verge", which suggests that she was not walking in the road, where cars are expected to drive.

Correction. Different reports use different wording: "The Claimant was walking in the road as a result of overhanging greenery and a lack of a footpath along this particular road", according to Lexology:

http://www.lexology.com/library/detail.aspx?g=42927524-19e1-435c-bcb9-872e11ba857b

 

[jnoiles]

But she was on the verge not the road itself.........

Narrow, unlit, country lane. The distinction does blur somewhat in those conditions. Throw in darkness....

 

[dave]

Correction. Different reports use different wording: "The Claimant was walking in the road as a result of overhanging greenery and a lack of a footpath along this particular road", according to Lexology:

http://www.lexology.com/library/detail.aspx?g=42927524-19e1-435c-bcb9-872e11ba857b

but he drives it every day so must have known there could be idiots in the road, yet he still did 50mph

 

[Didge3]

I don't think I could comment unless I saw said road. I can personally admit I had a near miss with a pedestrian walking around a corner on a back road (unlit), he was walking on the road alongside a tall hedge and as I came round the corner I didn't see him until my headlights swung round enough (he was wearing a black coat with nothing reflective + this is why I like those headlights that turn with the steering although not sure how good they're in practice). Luckily enough there wasn't anything coming the other way so I got round him and pulled over further up the road to check he was alright.

I think the man I could've hit was at partial fault so I think the girl is too, I could've been going slower therefore having time to react (although I was only doing about 20) Mainly because even today I remember multiple road safety talks at my primary school (all those years ago) and how pedestrians and cyclists should have reflective clothing on when there isn't a footpath to use. Surely she should've been taught this and yes 13 is young but 13 year old's aren't that idiotic in terms of knowing about road traffic and when you could potentially be endangering your life.

Ramble/Rant over.

 

[AndyRKett]

all the various news reports state she was walking on a 'grass verge' which I assume to mean that a grassed area adjacent to the surfaced road,

they also state that the driver of the saab had moved over to avoid oncoming vehicles leaving the surfaced road and traveling at about 50-mph, seems to suggest he was in effect driving down the verge at speed ??

there is a lot of research going on with regards to the adolescent brain and many of the published papers suggest that during puberty teenagers (girls) between the age of 11-14 are limited in their ability to properly assess danger and risk only every seeing the benefits of their actions.

The whole case in deciding culpability pivots around what and reasonable teenager of similar age and situation would have done under the circumstances, i really think that churchill will struggle to win a case on the argument that she should have worn hi-viability clothing especially with witnesses claiming she was visible to them and that the saab driver had not been driving appropriately for the conditions. I this Churchill are really grasping at straws pursuing this case which they have already lost this is an appeal so they are already on the back foot

 

[dave]

if they win or lose everyone should learn something from this, if you are walking on a dark road make yourself seen, if you are driving on an unlit narrow road slow down.

If you have kids drum this message into them too.

 

[AndyRKett]

I don't think I could comment unless I saw said road.

I believe this is the road http://goo.gl/maps/1rVjg

it is quite a long windy road so where the accident actually occurred I don't know however you can see its pretty narrow along the whole length and to do 50mph seems somewhat dangerous

 

[Andy Monty]

if they win or lose everyone should learn something from this, if you are walking on a dark road make yourself seen, if you are driving on an unlit narrow road slow down.

If you have kids drum this message into them too.

Nah every driver should fit after market hid kits..

 

[dave]

Nah every driver should fit after market hid kits..

:devil:

 

[jnoiles]

At 13 I knew it was pretty stupid to walk down winding country lanes in the dark with headphones on. And if I hadn't known that getting hit would have taught me the lesson pretty sharpish.