There is a big argument as to whether you would be liable for an accident involving pedestrians if you are travelling the speed limit.
Rule 125 of the Highway Code states that the speed limit is an absolute maximum and does not necessarily mean it is safe to drive at that speed. You must travel to the conditions of the road. You should reduce your speed when sharing the road with pedestrians, cyclists and horse riders, particularly children.
In the case of Daly V Liverpool Corporation it was held that if the driver sees the pedestrian in time to avoid a collision but does not slow, thinking the pedestrian has time to move away, he will be liable if the pedestrian doesn’t move for reasons such as age or health.
In another case of Moore V Poyner, the driver of a vehicle travelling at 30MPH in a residential area, knowing that children were playing in the area, was found negligent when a traffic accident happened for not slowing down or sounding his horn.
The list of cases goes on and on….. following in the footsteps of the Moore V Poyner case, each time similar conclusions are held such as: driver’s being found liable for not slowing to a speed were they could instantaneously stop if a child ran out into the road.
Conclusion:
When you are in such areas that pose potential risks especially to children running out, or you being unable to see other road users, or even just the weather conditions being dangerous – you need to reduce your speed to an appropriate safer speed.
