Accidents with pedestrians and cyclists
The pedestrian is the most fragile and vulnerable element and in need of protection in road traffic,and although the most common incident involving pedestrians is a collision with them, that is not always in exclusive guilt of the driver, requiring maximum attention to the traffic and impeccable behavior of the last ones, against qualifiers of unpredictability; unexpected; unannounced; unavoidable; sudden; without chance or capability of reaction, etc., that are required by our jurisprudence to the attitude of pedestrian versus vehicle driver, causes that in most accidents the drivers have to assume some percentage of guilt, even if it is considered that the infringement has been committed by the pedestrian.
Every driver of a vehicle must assume he is driving a dangerous and likely to harm people machine and unless you drive in a highway where the intrusion of a pedestrian is not foreseeable, it would almost always be some kind of liability attributable to it or, in any case, to the insurance of the vehicle.
Pedestrians are the most fragile and vulnerable element and the one that most needs protection for motor vehicles, and despite the fact that in the most common form of accidents that pedestrians are involved with, getting run over, the fault is not always exclusively attributable to the motor vehicle driver, the demand for maximum attention to traffic and the faultless behaviour of drivers, in contrast to the adjectives of unpredictability; unexpected; unannounced; inevitable; sudden; no chance or capacity to react, etc., that are required by our jurisprudence for the attitude of pedestrians compared to the vehicle driver, means that in most accidents, pedestrians have to assume some percentage of blame, however much it is considered that the breach has been committed by the driver of the vehicle.
Any driver of a motor vehicle needs to acknowledge that they are driving a dangerous machine, liable to harm people and, unless it is driven on a motorway or freeway where the interference of a pedestrian is not foreseeable, there will almost always be some kind of liability attributableto them, or in any case, to the insurer of their vehicle.
The same protection is deserved by cyclists, who despite having a greater degree of demands on movement, especially in comparison to pedestrians, still have a notable lack of protection in relation to any motor vehicles, and it is often fatal, especially in road accidents, where many drivers of motor vehicles do not respect the regulatory obligation to leave a free space of one and a half metres when overtaking and unfortunately, there continue to be extremely serious accidents with these types of users on our roads and, in many cases, the party responsible for the accident flees making it impossible to subsequently identify them.
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