Do you know that even a pedestrian can be found responsible? We looked in detail at what brought about the introduction of mandatory reflective elements.
Since February 20 this year, pedestrians have a new duty to use outside of the village for reduced visibility of reflective elements. As the traffic police chief says, the first statistics suggest that fatal accidents outside the village in the dark have actually fallen. However, the amendment to the Road Traffic Act, which deals with reflexive elements, has brought another dimension to the view of night walks with pedestrians.
The share is common
“The obligation to wear reflective elements actually caused a balance between the driver and the pedestrian. A legal situation has arisen where not only the driver has to deal with driving, but the pedestrian has a duty to be seen, “says lawyer Jan Ferny. Before the amendment to pedestrians was effective, the driver was the primary culprit for the police and, therefore, the prosecutor. “I also experienced cases of accusations when the pedestrian walked on the wrong side of the road, he was darkly dressed and even under the strong influence of alcohol,” adds Jan Ferny.
Experts agree that today, when investigating traffic accidents, it focuses not only on drivers but also on the potential share of the pedestrian. “We have a duty here, and it is judged whether a pedestrian had a reflective element or not. If a chauffeur with a reflective element had seen it, there may be situations where the driver is fully developed. This was a rare occurrence of a collision with a pedestrian, “Jan Ferny continues.
Forget insurance benefits
In some cases, the pedestrian may be found partially or completely guilty. In addition, this can be reflected in the insurance benefit. “It always depends on the investigation of the accident by the police on the spot. It can happen that the insurer of the pedestrian will not be harmed, because he can make an accident himself, “says Jeri. Allianz also agrees: “There is always a general obligation to prevent damage. There is also the possibility of curtailing. In each individual case, we examine whether the element was used, how it was placed, and what its reflective surface was, “he says, pointing to other pitfalls. “It is typical that pedestrians have a reflective vest from behind, which can be useless if they go in the opposite direction. Then it is considered as complicity and guilt – and it can be even one hundred percent, “says Bearn and shows the case from practice.
I will see you in five years
“My mother with a stroller went in the dark outside the village and did not wear any reflective elements, and she went to the wrong side, the right side. There was a ninety car coming from behind. The driver registered it for thirty meters, making it 25 meters in a second reaction time before making an evasive maneuver to avoid it. However, the car was running in the opposite direction, so there was a frontal collision with tragic consequences. It is quite clear that the woman is at least a part of the guilt. Probably, at least part of the costs will be recovered – and it can go up to millions of crowns, “Alan Alan describes the possibility that even the amount can be recovered from pedestrians.
According to Bearn, the investigation of similar accidents will be very demanding, and will often have to take place in investigative trials. It is now common practice for the traffic police chief that the courts determine the percentage of responsibility of the parties. However, with the new law, a specific interpretation and judicial practice is still awaited. “In a myriad of situations, the walker says he did not expect reduced visibility, or that it is not a bad outlook. This will be the assessment of the experts and, at the same time, the interpretation of the courts. I assume, therefore, that it will take at least five years before we can say how it is, “adds Jan Ferny.
Three questions for Tomas, Chief of Traffic Police
How did the February change of the Reflective Obligations Act sign on accident statistics? In general, pedestrians have experienced year-on-year fall in accidents. Over the past ten months, 82 have died, about fourteen less than in a comparable period in 2015. If we only talked about nighttime, we recorded 29 killed pedestrians out of the village in 2016, 41 people in 2015. The decrease is therefore visible. Problems are, however, municipalities where more than eleven more victims have been in sight this year – 37. I would like to emphasize that both sides underestimate the situation here. Drivers do not drive at a speed so they can safely stop. On the other hand, pedestrians should remember that not always the driver sees and records their intention to go. Therefore, they should not suddenly come in front of the vehicle.
Do you know how many people killed outside the village have used reflective elements?
We report each accident to the log, but we do not have statistics. However, after the end of the year we will assess how many people the regulation has violated.
You advised that during November you would focus on reflective elements. How did it end up?
We surveyed 6,152 pedestrians throughout the Czech Republic, of whom more than five thousand were in places where they were obliged to use a reflective material. Fourteen percent of the regulation did not comply. Some cases were solved by agreement. While we initially talked to pedestrians and gave out the reflective tapes, which we continue, this time, because of the increased risk associated with the winter season, we went to fines. We believe that the length of time that the reflective tapes are being talked about is long enough. We chose about fifty thousand fines.