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this post was submitted on 21 Sep 2023
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Your example is flawed. If you’re driving at night in the rain in a rural area and hit a person who runs into the road, you’re not going to be charged and it would be very difficult to show any negligence.
Have you ever left the city?
If you live in the rural areas. So do many elderly. It is entirely possible and not uncommon for folks like me. With balance and vision issue. To fall and get knocked out.
If you are driving in a manor where you cannot see a bridge is out to avoid killing yourself. You are driving in a manner where you cannot see a child or pedestrian. And definatly can't see someone ill in the road.
And yes you are entirly responsible. In the rural UK where I live. And cities. You are required to travel at a speed where you can safly see within you total stopping distance.
So no my example is far from flawed. My next door niegbours daughter was killed this way in 1988. Amd the driver went to prison. Happens in other cases. But thats the only one I know personally.