Author Topic: Ukraine canceled the rule "pedestrian is always right"  (Read 261 times)

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Offline AkMike

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In Ukraine canceled the rule "pedestrian is always right"
09:27, 13 December 2019
Society
  26
The Supreme Court of Ukraine ordered pedestrian-offenders to pay for the repair of the car that hit them.

In Ukraine, traffic regulations have changed, and now people in wheelchairs are referred to road users with certain rights and responsibilities.

But the innovations in the Rules for Ukrainians did not end there - the Supreme Court of Ukraine in its decision overturned the principle "pedestrian is always right".

This was due to a verdict in a road accident case in Kiev when a pedestrian triggered an accident, jumping onto the road at a red light. Then the man was hit by a SUV Toyota Land Sgiegeg, the driver of which did not exceed the speed and could not avoid collision. As a result, the victim (injured) now has to compensate for the cost of repairing the car that knocked him down, and the amount is over UAH 100,000.

The case is filed under number 296/2509/16-c on the website of the Unified Register of Judgments. The appeal and cassation complaints took about 4 years. The current decision of the court is considered by the lawyers to be revolutionary and unprecedented, which will sufficiently influence the courts on similar cases, because judges are obliged to take into account the verdict of the APU.

The responsibility of pedestrians for traffic violations was previously enshrined in the Civil Code, but the courts ignored this rule for some reason. From now on, the situation is changing. Courts are now simply obliged to take this decision into account, and not always will they stand on the side of pedestrians. Do not forget that traffic rules impose certain restrictions on crossings. In particular, before setting out on the roadway, you should be sure of the safety, including for other road users /

The Supreme Court therefore stated in particular:

A pedestrian as a road user (Article 14 of the Law of Ukraine "On Traffic") is not a person to whom the rules of Art. 1187 of the Civil Code of Ukraine, and even in the case of an offense that caused damage to the owner of the vehicle, can not be considered as a proper subject of liability for damage caused by a source of increased danger (vehicle).
In view of the imperative provisions of Part 2 of Art. 1187 of the Central Committee of Ukraine on the pedestrian, who is guilty of committing an administrative offense under Art. 124 of the Code of Administrative Offenses of Ukraine, no liability can be imposed for compensation for damage caused by a source of high risk.
At the same time, the inability to qualify a pedestrian as a proper subject of liability for damage caused by a source of increased danger, in the manner provided for in Art. 1187 of the Civil Code of Ukraine, does not indicate the absence of legal grounds for bringing a pedestrian, because of which the accident occurred, to civil liability for damage caused by his unlawful actions on a general basis.
Yes, careless pedestrians now risk not only their health but also their wallet.

https://www.0312.ua/news/2602873/v-ukraini-vidminili-pravilo-pisohid-zavzdi-pravij?fbclid=IwAR33teLTuYuGTllsNE44yB4RhxRXWu9oZ0grUKLXsums0E7K5jdPKALZSSY

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Offline AkMike

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Re: Ukraine canceled the rule "pedestrian is always right"
« Reply #1 on: 16:31 16-Jan-2020 »
Two days ago I had to detour in order to pick up my wife. The cops had one of the main roads blocked off because of a bad looking accident. The news said a school administrator was hit crossing the road by a Range Rover. This was an intersection that the man had been pleading with the city for some time to put up a light and crossing for his pupils.

Chances are it's the driver of the Rover's fault because most of them think they're on a racetrack all the time. I wonder if the dead guys estate (if any) will be sued for damages if he was at fault?
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Re: Ukraine canceled the rule "pedestrian is always right"
« Reply #2 on: 17:32 16-Jan-2020 »
So, all of the old Soviet babushkas who think they can just walk in the middle of the street with their cart and not use a perfectly good sidewalk, because they are old and think the world owes them because they are old.... now I can legally run them down?? Like Death race 2000???  Hell yeah!!
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Offline Jay

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Re: Ukraine canceled the rule "pedestrian is always right"
« Reply #3 on: 09:14 19-Jan-2020 »
Two days ago I had to detour in order to pick up my wife. The cops had one of the main roads blocked off because of a bad looking accident. The news said a school administrator was hit crossing the road by a Range Rover. This was an intersection that the man had been pleading with the city for some time to put up a light and crossing for his pupils.

Chances are it's the driver of the Rover's fault because most of them think they're on a racetrack all the time. I wonder if the dead guys estate (if any) will be sued for damages if he was at fault?

That was shocking .
The problem( drivers at ridiculous speed) will exist   as long as the 'regime' tolerates it and and those who consider themselves "entitled to ignore every law let alone common sense get away with it.
The real issue of pedestrians just walking without looking ( in a sense of entitlement!) is also a real problem for a driver -stepping off the kerb when a driver is already committed to a course of action etc.
Part of that is many people do not understand a driver will not always see them   eg rainy night etc   and just walk regardless.
In another part of your city Milke -- at an intersection  with good visiblity -- 3 pedestrians have been hit in the last week.

Logic says that is actually a correct decision by the court -- place the liability  on who caused the accident.


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Re: Ukraine canceled the rule "pedestrian is always right"
« Reply #4 on: 14:46 19-Jan-2020 »
Two days ago I had to detour in order to pick up my wife. The cops had one of the main roads blocked off because of a bad looking accident. The news said a school administrator was hit crossing the road by a Range Rover. This was an intersection that the man had been pleading with the city for some time to put up a light and crossing for his pupils.

Chances are it's the driver of the Rover's fault because most of them think they're on a racetrack all the time. I wonder if the dead guys estate (if any) will be sued for damages if he was at fault?

That was shocking .
The problem( drivers at ridiculous speed) will exist   as long as the 'regime' tolerates it and and those who consider themselves "entitled to ignore every law let alone common sense get away with it.
The real issue of pedestrians just walking without looking ( in a sense of entitlement!) is also a real problem for a driver -stepping off the kerb when a driver is already committed to a course of action etc.
Part of that is many people do not understand a driver will not always see them   eg rainy night etc   and just walk regardless.
In another part of your city Milke -- at an intersection  with good visiblity -- 3 pedestrians have been hit in the last week.

Logic says that is actually a correct decision by the court -- place the liability  on who caused the accident.

At night on dark roads when all they wear is black......they are begging to see Stalin again.
Peace is the failure of the military to convince the government that it can and should kick its enemies ass.

Offline AkMike

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Re: Ukraine canceled the rule "pedestrian is always right"
« Reply #5 on: 17:40 20-Jan-2020 »
That school director was in a lit pedestrian cross walk and had just a couple of steps to get to be out of the street. It was caught on home security video. 

Too many of the elite figure that they are immune to the rules of the road. There are way too few cops around to enforce any traffic laws.  >:(
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Re: Ukraine canceled the rule "pedestrian is always right"
« Reply #6 on: 04:42 21-Jan-2020 »
I almost got clipped in a crosswalk (bracketed by speed bumps and he was almost on the curb, mind you) a couple years ago.  He laid on his horn, I mule kicked the fartwad's fender on his way by as a reply.  He stopped and got out.  Ya shouldn't adun that little feller.  We got into it and someone pulled him away saying (in rooskii) he doesn't understand you.  I refused to speak rooskii to him and the only English he seemed to know was Eff you.  :D
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