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Please, Legal advise needed for Court on Monday

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  • Please, Legal advise needed for Court on Monday

    Hi, Tuesday I am going to be in court for a claim which I raised for a traffic collision happened back in Jan 2012. Basically I was on a pelican crossing and as soon as I have seen the green man I headed to cross the street, but a van run over my left foot. Ambulance took me away; been hospitalised for 10 days, spent 8 months in crutches and 6+ months doing physiotherapy.


    She is arguing that it was green for her when she approached which I know is a lie but I can't proof this as there are no witnesses. My fault I would say it was that at the time of crossing I didn't checked the left side to see if any cars are approaching. As soon I've seen the green man I walked. I am quite scared that I might loose my case. If anyone is willing to help me giving some tips or questions I will need to ask defendant. Below is the defendant's statement on police report if of any help (identification details removed):


    -----------------------


    On Monday 9th January 2012 I was driving three of my children to school. At about 7:50am I was driving my blue Mercedes VITO registration number xxxxxxxx along Bruce Street, Belfast in tending to drive onto the Dublin Road. As I approached the traffic lights at the end of Bruce Street they were green for traffic approaching from my direction. In approach to the junction I noticed quite a few pedestrians waiting at both sides. I would say as I made the last approach to the junction I ?????? have been travelling very slowly. The van I was driving is very big and I have to watch the ????? corners like the one from Bruce Street to Dublin Road I had stay in my lane. I would have been travelling at walking speed no faster. Just as I was about to reach the crossing at the junction a male pedestrian just walked off the pavement with his head down and into the front nearside wing of my van. I heard a thud but I had applied my brakes at about the same time and stopped dead as he fell onto the ????? in front of my van. Just as it happened my daughter Amy shouted “Stop” but there was nothing I could have done, I was travelling so slowly anyway. I got out to see how he was and offered first aid as I am a trained first aider. As I was checking his left leg, when I got to his left foot he ???????? and shouted I am in so much pain. Paramedics arrived put him in an ambulance and took him away. -----------------------
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  • #2
    Re: Please, Legal advise needed for Court on Monday

    197
    Pelican crossings which go straight across the road are one crossing, even when there is a central island. You MUST wait for pedestrians who are crossing from the other side of the island.
    Laws ZPPPCRGD reg 26 & RTRA sect 25(5)

    198

    Give way to anyone still crossing after the signal for vehicles has changed to green. This advice applies to all crossings.

    http://www.highwaycodeuk.co.uk/pedes...crossings.html
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #3
      Re: Please, Legal advise needed for Court on Monday

      Pedestrian have priority in movement on crossing regardless, unless of course they are fitted with engines! commonsense.


      but situations can vary lack of concentration by both sides can exacerbate situations.


      as informed by a solicitor once that if the occupant of a vehicle is not 100% aware of surrounds then they should not be behind a wheel?? hence his client won against a driver.

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