Common Traffic Offences
Read whole topic Back Print Forward

d. Knocking down pedestrians

It is probably a truism to say that a driver must keep a vigilant eye on other road users, especially pedestrians, when driving.  The Road Users’ Code actually spells this out clearly: “Drivers have the legal and moral responsibility to take proper care to avoid accidents with pedestrians at all times and place—even if the pedestrian is jaywalking. Always try to give way to a pedestrian on the roadway.” The Court has repeatedly emphasized that a vehicle in the hands of an irresponsible driver can be an extremely lethal weapon.  A driver should therefore always be careful when driving, so as to avoid injuring or even killing innocent citizens.  Although a pedestrian could have suddenly dashed into the road giving the driver no practical chance to avoid hitting him the Court will need cogent (very convincing and compelling) evidence to prove that the pedestrian dashed out suddenly and that a collision was unavoidable, in order to exonerate the driver.

Top