Dumb pedestrian

Scorpio

Esteemed Pedelecer
Apr 13, 2020
359
161
Portugal Algarve (temporary)
Yes, although the pedestrian had the responsibility for his own safety in this instance, the vehicle user has the responsibility to take the necessary avoiding action. Sounding a horn or any other audible warning doesn't qualify as avoiding action, braking and/or swerving does...
About 3 years ago I crashed my car into a ditch and wrote it off when taking evasive action to avoid a collision ( I had right of way on a twisty county road, as I got to a junction a car failed to stop at the give-way line and came into my lane, I swerved and lost control - maybe mud on the road?).
The lesson was that as there was no contact between me and the other road user, legally I had lost contol of my own vehicle and any damage was my fault - they were not liable for the write-off ! Thankfully they took reponsibility.

In OP case above, I'd be concerned about doing something unpredictable to avoid them and causing an accident myself - while the pedestrian walks away ...
 

flecc

Member
Oct 25, 2006
52,819
30,381
In OP case above, I'd be concerned about doing something unpredictable to avoid them and causing an accident myself - while the pedestrian walks away ...
That is a risk we have to take by law, hitting a pedestrian isn't a legal option, even if it means killing ourselves instead. This is similar to the rules for an aircraft pilot. Faced with a real risk to the innocent on the ground using an alternative which might just come off, the pilot has to sacrifice themselves and all on board instead. The certainty takes precedent over the risk to the innocent.

Fundamentally a pedestrian can do no wrong. Locomotion using their own means is their basic right. From a crawling baby to a running pedestrian, it is the norm.

Using any vehicle to travel is abnormal, so the full responsibility for any such usage is that of the person using the vehicle. That is why there are extensive laws for any kind of vehicle usage but no law against "Jay walking".
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Bikes4two

Esteemed Pedelecer
Feb 21, 2020
896
398
Havant
An interesting discussion - whether the high viz guy was just going to step in the kerb to pass the two pedestrians or something else, we'll never know.

If this were a 'spot the ball' sort of thing, I'd say the guy was just going to step into the kerb to pass behind the peds, and surely he'd have seen the very bright pool of light on the road surface to warn him of the approaching bike?

But as said, we'll never know but it does illustrate that a cyclist has to stay very alert to the possibility of events like this. Good anticipation is key and having an awareness of what is around you (as in you'd be in a pickle if you took avoiding action and there was a car right behind you etc etc.). I never quite get why some people cycle with headphones on and listening to music etc. but that's another whole debate for another time!

Anyway, I'm glad you and the ped were safe - that's what counts.
 

I893469365902345609348566

Esteemed Pedelecer
Oct 20, 2021
533
128
That is a risk we have to take by law, hitting a pedestrian isn't a legal option, even if it means killing ourselves instead. This is similar to the rules for an aircraft pilot. Faced with a real risk to the innocent on the ground using an alternative which might just come off, the pilot has to sacrifice themselves and all on board instead. The certainty takes precedent over the risk to the innocent.

Fundamentally a pedestrian can do no wrong. Locomotion using their own means is their basic right. From a crawling baby to a running pedestrian, it is the norm.

Using any vehicle to travel is abnormal, so the full responsibility for any such usage is that of the person using the vehicle. That is why there are extensive laws for any kind of vehicle usage but no law against "Jay walking".
.
For an injury prevention point of view, I'd prefer a softer landing! But as you say, cycling into big nose hihiz guy isn't a legal option. In future, I'll have to swerve out into the path of cars, in an act of self sacrifice for the sake of Mr.Bignose, and those of his ilk.
 
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I893469365902345609348566

Esteemed Pedelecer
Oct 20, 2021
533
128
An interesting discussion - whether the high viz guy was just going to step in the kerb to pass the two pedestrians or something else, we'll never know.

If this were a 'spot the ball' sort of thing, I'd say the guy was just going to step into the kerb to pass behind the peds, and surely he'd have seen the very bright pool of light on the road surface to warn him of the approaching bike?

But as said, we'll never know but it does illustrate that a cyclist has to stay very alert to the possibility of events like this. Good anticipation is key and having an awareness of what is around you (as in you'd be in a pickle if you took avoiding action and there was a car right behind you etc etc.). I never quite get why some people cycle with headphones on and listening to music etc. but that's another whole debate for another time!

Anyway, I'm glad you and the ped were safe - that's what counts.
My habit is to delete videos, ready for my next ride, therefore the unbrightened version of that video has been deleted. I've extracted the final few frames containing his leading left foot. I'm unsure if his foot has disappeared because of speed and the limitations of my cheapo camera, or if it's suddenly been angled in line with the direction of the kerb, as a reaction to some combination of the beep an bright light (which isn't as bright as it looks on the brightened video). I'm certain Bignose hiviz would have blundered into me if I hadn't beeped and loudly, and that pen he's holding would have surely have caused a nasty puncture wound to my balls.


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I'm giddily happy about this "1800LM" light - it's greatly improved my visibility! People are not conditioned to see cyclists, but they are conditioned to be wary when they see a bright headlight. I can't emphasise enough, how much this light has improved matters, when cycling at night. It's such a relief finally having a bike light which both allows me to see the road and obstacles clearly, as well as helping me be seen. Here are two frames from unedited video, which do show more accurately this light's effectiveness.




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This is from the original video, before brightening:



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I wouldn't be surprised if my new "1800LM" light alerted him to the approaching majesticness of my bike, it does look bright. The smaller light area below the brightest area, is the output of the 1.5W light in the fork. I may install a second 20W "1800LM" bike light, but I'm running out of space on my handlebar for independent switches; I may need a waterproof switchboard of some kind. I've still got to install a 12V car/lorry ultrasonic wildlife deterrent. But will it drive dogs into a frenzy as I pass by, make them frothily mad enough to chase me down and maul me?
 
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sjpt

Esteemed Pedelecer
Jun 8, 2018
3,680
2,675
Winchester
I wouldn't be surprised if my new "1800LM" light alerted him to the approaching majesticness of my bike,
He's probably more like a moth, and drawn by the bright light straight into your path.
 

I893469365902345609348566

Esteemed Pedelecer
Oct 20, 2021
533
128
He's probably more like a moth, and drawn by the bright light straight into your path.
I should install a system to deploy snack countermeasures, to distract hypnotised stoned pedestrians? My cheapo camera underexposes at night. To my eye and memory, this £20 light's brightness looks more like the edited frames below, perhaps a little dimmer. I'm still giddily happy about this 20W "1800LM" light, unless it fizzles out in the rain or something. Two of these might be overkill, but not in all situations (offroad), hence my musings about an additional switch. Maybe I can fit a waterproof inline/inwire switch, if I could find one, because there's no more room on the handlebars.



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I893469365902345609348566

Esteemed Pedelecer
Oct 20, 2021
533
128
If this were a 'spot the ball' sort of thing, I'd say the guy was just going to step into the kerb to pass behind the peds, and surely he'd have seen the very bright pool of light on the road surface to warn him of the approaching bike?
I'm still very pleased indeed with this bright "1800 LM" 20W LED Motodafish bike light. Because my camera sets video too dim, due to the brightness metering of the centre, I've manually increased exposure by two stops, to better represent the way my eyes see brightness (maybe a stop less exposure woud be more accurate, I'm unsure... human eyes see higher dynamic range).

It shows up potholes very well. A second 20W light might be overkill... I have no more room on the handlebar anyway.

 
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