Driver vs jaywalker/jaycycler. . . who is at fault?

[unicornfloof]

In relation to my most recent blog post, I would like to know what the community thinks. Given that the cyclist is at fault here for not heeding the traffic rules, how would that translate when it comes to insurance claims? Is the driver able to claim anything at all? 😥

As I have mentioned, the laws seem to favour pedestrians more when it comes to situations like this. It doesn't seem very fair for drivers. Has anyone ever encountered something like this before?  

[kobayashiGT]

2 hours ago, unicornfloof said:

In relation to my most recent blog post, I would like to know what the community thinks. Given that the cyclist is at fault here for not heeding the traffic rules, how would that translate when it comes to insurance claims? Is the driver able to claim anything at all? 😥

As I have mentioned, the laws seem to favour pedestrians more when it comes to situations like this. It doesn't seem very fair for drivers. Has anyone ever encountered something like this before?  

both have to play a part to an accident. Not very fair to point finger at just one party.

[Wormee]

Just my personal opinion, being a driver myself I felt it is unfair for drivers to be penalized since traffic light is in his/her favour and has the right of way. Ironically, we were taught in driving school to slow down, keep a lookout when we are approaching junctions and zebra crossings for such scenarios. One has the license to operate a motor vehicle has to protect those who do not or in a smaller machine (in such cases, pedestrians/cyclists). 

I personally felt that if a driver kept to the speed limit and has to be very alert of its surroundings, he/she might be able to brake in time/avoid such accidents. Then again, it is because of such rules that drivers are often penalized, jaywalker/pedestrians with such mindset simply take chances and just whack. Apart from the risk of being knock down. Don't know what are these people thinking one. Lastly, you really need a good lawyer and may need to spend some money to reduce your liability should this happens to you. I do not think there are instances where 100% liability goes to the jaywalker. This is life for drivers in Singapore. 

[Volvobrick]

Didn't die - the cyclist may still chut same pattern to the rest of us. 

[Phluvcat]

Very case by case basis - driver line of sight clear? Day or night? Speed of cyclist? Did driver take precaution near crossings? Blah blah blah. 

The fact is the somewhat lopsided (I would not say unfair) treatment dished out perpetuates and in a way encourages other road users to be reckless and nonchalant. 

Much is made of example of bad or unlucky drivers but nothing much for the pedestrians and cyclists. 

Agreed those are the vulnerable groups that need drivers to look out for them but its been taken for granted, so much so that they can do it with their eyes close, ears to music, and treat public roads like their home passageways. 

[Beregond]

The driver is forever at fault.

But we need to ask another question that is link to this,

Who got more to lose. Do u want to use your life and limps to bet against the driver driving license?? Esp those retiree like my dad.

If jaywalker and jay-cyclist want to play the game of who blink first, alot of drivers is up for it🤣

[unicornfloof]

3 hours ago, Wormee said:

Just my personal opinion, being a driver myself I felt it is unfair for drivers to be penalized since traffic light is in his/her favour and has the right of way. Ironically, we were taught in driving school to slow down, keep a lookout when we are approaching junctions and zebra crossings for such scenarios. One has the license to operate a motor vehicle has to protect those who do not or in a smaller machine (in such cases, pedestrians/cyclists). 

I personally felt that if a driver kept to the speed limit and has to be very alert of its surroundings, he/she might be able to brake in time/avoid such accidents. Then again, it is because of such rules that drivers are often penalized, jaywalker/pedestrians with such mindset simply take chances and just whack. Apart from the risk of being knock down. Don't know what are these people thinking one. Lastly, you really need a good lawyer and may need to spend some money to reduce your liability should this happens to you. I do not think there are instances where 100% liability goes to the jaywalker. This is life for drivers in Singapore. 

I still think that even if a driver is being cautious while entering a junction (with a green light), nobody can anticipate when a jaywalker might appear. Everyone has a different reaction time, and if you are one of the slower ones, you might still kena and hit the pedestrian. I'm not saying that 100% of the blame goes to jaywalkers, but I also feel like we should not be encouraging jaywalking as a 'normal' thing to do. 

[Soya]

6 hours ago, unicornfloof said:

In relation to my most recent blog post, I would like to know what the community thinks. Given that the cyclist is at fault here for not heeding the traffic rules, how would that translate when it comes to insurance claims? Is the driver able to claim anything at all? 😥

As I have mentioned, the laws seem to favour pedestrians more when it comes to situations like this. It doesn't seem very fair for drivers. Has anyone ever encountered something like this before?  

Good luck trying to claim anything from cyclists.....

 

[unicornfloof]

2 hours ago, Volvobrick said:

Didn't die - the cyclist may still chut same pattern to the rest of us. 

Some of them just don't learn 😤

[unicornfloof]

2 hours ago, Phluvcat said:

Very case by case basis - driver line of sight clear? Day or night? Speed of cyclist? Did driver take precaution near crossings? Blah blah blah. 

The fact is the somewhat lopsided (I would not say unfair) treatment dished out perpetuates and in a way encourages other road users to be reckless and nonchalant. 

Much is made of example of bad or unlucky drivers but nothing much for the pedestrians and cyclists. 

Agreed those are the vulnerable groups that need drivers to look out for them but its been taken for granted, so much so that they can do it with their eyes close, ears to music, and treat public roads like their home passageways. 

Yep, I agree that there should be changes made to the current laws. Even though jaywalking is an offence and carries a fine, Singaporeans are still pretty okay with doing it on busy streets out of laziness and convenience. 😞

[Wormee]

5 minutes ago, unicornfloof said:

I still think that even if a driver is being cautious while entering a junction (with a green light), nobody can anticipate when a jaywalker might appear. Everyone has a different reaction time, and if you are one of the slower ones, you might still kena and hit the pedestrian. I'm not saying that 100% of the blame goes to jaywalkers, but I also feel like we should not be encouraging jaywalking as a 'normal' thing to do. 

Totally agree. Especially time for a jaywalker or reckless cyclists differs too. Some walk slowly, some dash across. Definitely not encouraging jaywalkers! 

[tgb]

Driver is the one who is always at fault and uniquely Singapore.. because you did not patronize Government funded transportation to avoid the accident. 

[Watwheels]

"It takes two to clap".

I dunno where the driver and cyclist are looking at the point of the accident. Maybe for the driver the A-pillar is blocking his view but why cant the cyclist see the approaching car?

IMO both did not keep a proper lookout. Both parties at fault. TS, where is that option in your vote?

[Wormee]

37 minutes ago, Watwheels said:

I dunno where the driver and cyclist are looking at the point of the accident. Maybe for the driver the A-pillar is blocking his view but why cant the cyclist see the approaching car?

 

Driver looking forward since traffic light in his/her favour. Cyclist ignores red light liao will become oblivion of his surroundings or take chances and heck care lo. Imagine one has the intention to break rules already, still will lookout for approaching cars? Might as well wait for green man. Lol

[Shibadog]

who is at fault is often circumstantial.

who comes off worse is not. 

[Datsun366]

The real key question here is the respect for human life....not ephemeral such as money or assigning blame.

The operator, driver suffers because of an accident. If the need of excuse is not needed, there would not be need to assign blame...we all feel lousy when someone is hurt. Unless the reader is sociopath/psychopathic inclinations. As 'superior' humans, shouldnt we be looking after the dum dums? 

With greater horsepower comes greater responsibilities.

With electric cars, comes greater torque and greater damage. Can set up electronic interruptors to hijack the electric car power band in certain locations...such as presence of bus stops...slower than 30km/hr.

This discussion thread is relevant and thought out.

Its not superficial as fault or insurance, its about how you value human life, in particular your own.

Should pedestrain traffic be segregated completely to avoid the remotest chance of jaywalking? Are we headed that way ?

Currently, its my fault as a driver if i allow jays to spoil my day in two seconds.

Safe driving.

If not for extenuating circumstances there would not be jays, even crossing in sight of cantonment kedai with guards conveniently looking into the building. They really turn their backs to crime as the duty is to guard the building.

Elderly jays, ah beng jays and foreign jays. All around cantonment.

[Watwheels]

2 hours ago, Wormee said:

Driver looking forward since traffic light in his/her favour. Cyclist ignores red light liao will become oblivion of his surroundings or take chances and heck care lo. Imagine one has the intention to break rules already, still will lookout for approaching cars? Might as well wait for green man. Lol

If ppl wants to do something bad/illegal they will instinctively keep a lookout in case somebody spot him/her. This cyclist just couldnt be bothered to look.