You can’t, if your in an accident where your wing mirror is knocked off it’s not a badger ffs.
You’ve been at this victim blaming stuff from the start, she ran into him and left him there, didn’t matter if he had too many.
As mauvais pointed out just above, the report says a mirror casing at the scene, not that the wing mirror was knocked off, these casings can come off easily, and in the circumstances here, you probably wouldn't notice at the time. She also said, "I thought it was an animal – a badger,
fox or something", a fox can jump, so could hit the wing mirror, or you could hit an animal at bumper level & it could bounce up, knocking the mirror. There's noting in the details that makes what she says impossible, which is probably why she wasn't charged with something more serious, because of lack of evidence.
Walking on a road, a 60mph one, in the dark, having been drinking, and especially when foggy is bloody dangerous - I know I've done it plenty of times having lived out in sticks, and would always step off the road & into the grass verge when a car was coming. I would even do that if I was wearing something fluorescent & carrying a torch.
The Highway Code is very clear that when there is no pavement
, you should keep to the right-hand side of the road so that you can see oncoming traffic, AND you should take extra care, pedestrians do have a duty of care to themselves.
Pedestrians are perfectly entitled to walk on country lanes and other roads which have no pavement however they have a duty to take reasonable care for their own safety.
In the UK, we drive on the left and the Highway Code recommends that pedestrians should keep to the right (facing oncoming traffic) but cross over at right hand bends to the left so that the oncoming traffic retains maximum visibility. Also walking in single file and wearing visible (preferably high visibility and reflective) clothing is recommended ( see Rule 2).
The short answer to this question is no. As summer approaches and we strap on our activity trackers to stride out and count those steps, it is a good time to remind ourselves how to observe the law and keep safe.
www.birchallblackburn.co.uk
This is not victim blaming, this is just a statement of fact, and is likely to have contributed to the reason why she wasn't charge with anything more serious.
Clearly she was wrong in not stopping & reporting it, but as someone else stopped just minutes later, doing that is unlikely to have changed the outcome, which was the sad death of the guy, not directly from injuries suffered, but from an a heart attack caused by an infection. caught in hospital, a month later. These facts are likely to be the reason behind the suspended sentence, if she had actually killed him, then that sentence would be highly questionable.
Both parties should have been taking more care, and both could have avoided this accident, and the eventual tragic outcome.
