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Splashed by a car when walking

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By (user no longer on site) OP   
over a year ago

Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod ....

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By (user no longer on site)
over a year ago

I'm not sure it's an offence but it's bloody annoying & inconsiderate!

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By *ungBlackTopMan
over a year ago

salford

not sure if it's an offence but it's funny as fuck

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By *obbytupperMan
over a year ago

Menston near Ilkley

No if it's done intentionally it's an offence.

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By *asokittyWoman
over a year ago

Nr Worksop


"No if it's done intentionally it's an offence. "

It's not provable that it was intentional

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By *inaTitzTV/TS
over a year ago

Titz Towers, North Notts

If done intentionally then it would be classed as assault. Assault doesn't have to be with hands or fists, it can be anything as long as it is intended to cause harm. I think a judge once said something like, 'the slightest touching is sufficient.'

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By (user no longer on site)
over a year ago

Practically impossible for anything to come out of it. Just an unfortunately miserable person making a big deal o nothing.

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By *eccymanMan
over a year ago

Gateshead

I always look to see if a car is approaching if there's a puddle in the road. If there is I simply stop walking until it passes. I do it because I didn't used to and got drenched!

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By (user no longer on site)
over a year ago


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod .... "

if you can prove it was intentional it 3 points on the licence

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By (user no longer on site)
over a year ago

I once got completely soaked deliberately by a white van that drove on the wrong side of the road to do it. I was livid, and ran after it, catching it up at lights 200 yards down the road. I banged on the side of the van, and was shocked when three builders leapt out the back threatening to beat me up. Other drivers who had seen came to back me up, and the builders panicked, driving away across a grass verge. Tossers.

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By *alandNitaCouple
over a year ago

Scunthorpe

It would be driving without during care & attention. As drivers we have a legal responsibility to look out for every thing. Also driving at speed through deep puddles is dangerous, it's not uncommon to aquaplane and crash.

Cal

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By (user no longer on site)
over a year ago

I saw on a prog once, someone had intentionally driven though puddles to splash people and had filmed it.

Then posted it on either FB or Youtube.

I seem to remember the police did prosecute them.

xx

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By (user no longer on site)
over a year ago


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod .... "

Driving without due care and attention?

Driving without due consideration for other road users?

Good luck to the person suing some inconsiderate motorist,I'm sure a good lawyer would get them a tidy little sum.

And those who would say 'this is a compensation culture,,,it just puts all our premiums up'.....just be a biot more careful and considerate,maybe.

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By (user no longer on site)
over a year ago


"I once got completely soaked deliberately by a white van that drove on the wrong side of the road to do it. I was livid, and ran after it, catching it up at lights 200 yards down the road. I banged on the side of the van, and was shocked when three builders leapt out the back threatening to beat me up. "

Who did you expect to jump out a white van? Snow white and seven dwarves!?!

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By (user no longer on site)
over a year ago


"I once got completely soaked deliberately by a white van that drove on the wrong side of the road to do it. I was livid, and ran after it, catching it up at lights 200 yards down the road. I banged on the side of the van, and was shocked when three builders leapt out the back threatening to beat me up. Other drivers who had seen came to back me up, and the builders panicked, driving away across a grass verge. Tossers. "

im not saying what he did was right but if you had got a thump you would have been seen as the aggressor by the police because you was the one who chased him, its no different to when a car cases a car for cutting him up its road rage, on foot

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By (user no longer on site)
over a year ago

Many years ago this happened to my sister who, at the time worked in a police station as a civilian. Two 'men' deliberately drove through a puddle soaking her, then drove off laughing. She took down the number plate and reported it when she returned to work. It is an offence and as she reported it, it became official. I can't remember whether it went any further than the driver being pulled over and given a warning.

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By (user no longer on site)
over a year ago

It is an offence if it was deliberately ie they swerved into the puddle.

Puddles in the kerb just driven through are just one of those things

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By (user no longer on site)
over a year ago

Yes it is an offence but good luck proving it...

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By *arry247Couple
over a year ago

Wakefield


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod .... "

It is an offence under Section 3 of the Road Traffic Act, which relates to careless and inconsiderate driving, an offence that carries a maximum fine of £5,000 as well as between three and nine penalty points.

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By (user no longer on site)
over a year ago


"I once got completely soaked deliberately by a white van that drove on the wrong side of the road to do it. I was livid, and ran after it, catching it up at lights 200 yards down the road. I banged on the side of the van, and was shocked when three builders leapt out the back threatening to beat me up.

Who did you expect to jump out a white van? Snow white and seven dwarves!?!"

Point taken! I was prepared for the two average blokes in the cab and had my Bruce Willis moves all ready. But the three big guys in the back, no. Anyway they bottled out... luckily. My faith in the public was restored at least.

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross

Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Self sue for walking .

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross

https://www.theguardian.com/world/2015/jan/06/puddle-soaked-pedestrians-report-scores-of-drivers-to-police

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By (user no longer on site)
over a year ago


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

"
Depends. My dousing was no accident!

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Depends. My dousing was no accident!"

So you said.

You also said you chased them down the road and banged on their van and only backed off because more blokes got out of the back of the van......

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross


"I once got completely soaked deliberately by a white van that drove on the wrong side of the road to do it. I was livid, and ran after it, catching it up at lights 200 yards down the road. I banged on the side of the van, and was shocked when three builders leapt out the back threatening to beat me up. Other drivers who had seen came to back me up, and the builders panicked, driving away across a grass verge. Tossers.

im not saying what he did was right but if you had got a thump you would have been seen as the aggressor by the police because you was the one who chased him, its no different to when a car cases a car for cutting him up its road rage, on foot "

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By *old200Man
over a year ago

Congleton


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod .... "

Yes it is against the law, up 1000 pound fine if done deliberately

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By (user no longer on site)
over a year ago


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Self sue for walking .

"

That's a very good point,people really should take responsibility for their actions,including drivers who don't slow down,avoid a puddle or even stop ( ) to avoid soaking someone.

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By (user no longer on site)
over a year ago

Roads have cambers. Puddles along sides of roads are usually deep because of said camber so anyone who is half intelligent would avoid or slow down for the hazard in the road. Buses have been drawing into bus stop extra slowly because of puddles this week; we still all stepped back a few feet.

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Self sue for walking .

That's a very good point,people really should take responsibility for their actions,including drivers who don't slow down,avoid a puddle or even stop ( ) to avoid soaking someone."

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By (user no longer on site)
over a year ago


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod ....

Yes it is against the law, up 1000 pound fine if done deliberately "

I should have got their reg....heat of the moment, etc

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By (user no longer on site)
over a year ago


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod ....

It is an offence under Section 3 of the Road Traffic Act, which relates to careless and inconsiderate driving, an offence that carries a maximum fine of £5,000 as well as between three and nine penalty points. "
nearly as much as murder then

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By (user no longer on site)
over a year ago


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Depends. My dousing was no accident!

So you said.

You also said you chased them down the road and banged on their van and only backed off because more blokes got out of the back of the van...... "

Not exactly. I was prepared for an exchange. I had witnesses joining me at the scene. They drove off. Your point is?

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By (user no longer on site)
over a year ago

Tough to prove unless they videod it and uploaded it onto youtube like a case I previously heard about.

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By *unandbuckCouple
over a year ago

Sheffield

Lets just hope the 'splash' wasn't from the bloke in the 'wanking while driving' thread next to this one

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By (user no longer on site)
over a year ago


"Lets just hope the 'splash' wasn't from the bloke in the 'wanking while driving' thread next to this one "

Builders eh?

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By (user no longer on site)
over a year ago

Indeed. Luckily my expensive new laptop was in a fully waterproof case.

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By (user no longer on site)
over a year ago

Would it be an offence to leave a stinger spike hidden below the water level ? Well yes probably - but as much 'fun' for the pedestrian watching as for the driver who splashed someone.

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By (user no longer on site)
over a year ago

if it is seen to be avoidable (if the driver is driving to the conditions and looking ahead he will see the puddle and the pedestrian so he can slow down or stop to avoid it) it is an offence.

the other problem is if you approach a large volume of water at any sort of speed you are likely to aquaplane and lose control of the vehicle.

if it was a 9 inch thick tree trunk I bet the driver would have avoided it. but the water is actually denser which is why wood floats. I have seen many vehicles on the motorway smashed after hitting puddles at high speed.

sorry about the rant but my job was driver training.

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By (user no longer on site)
over a year ago


"If done intentionally then it would be classed as assault. Assault doesn't have to be with hands or fists, it can be anything as long as it is intended to cause harm. I think a judge once said something like, 'the slightest touching is sufficient.' "

proof is a difficult thing

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By (user no longer on site)
over a year ago

if it was intentional (hard to prove) then its wrong - sure its driving etiquette to slow down suffiently so water doesnt splash

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By *ophieslutTV/TS
over a year ago

Central

I could appreciate it being an offence and you'd have a right to sue for damages.

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By *rtemisiaWoman
over a year ago

Norwich


"not sure if it's an offence but it's funny as fuck "

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By *quirrelMan
over a year ago

East Manchester

Under the road traffic act it's failure to drive with due care and attention to other road users and pedestrians. Deliberately or accidentally driving through a puddle which causes the water to be displaced and obscure the view of other road users or to cover a pedestrian with water is an offence. Unfortunately the police would only enforce this rule if it was one of them that got soaked.

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By *UNCHBOXMan
over a year ago

folkestone


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Depends. My dousing was no accident!

So you said.

You also said you chased them down the road and banged on their van and only backed off because more blokes got out of the back of the van......

Not exactly. I was prepared for an exchange. I had witnesses joining me at the scene. They drove off. Your point is?"

She is trying to be clever like most of her postings. I've had vans completely soak me before - if drivers can't see massive puddles in the road they shouldn't be driving. Maybe she thinks people using pavements should stop using them every time it rains.

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By (user no longer on site)
over a year ago


"not sure if it's an offence but it's funny as fuck

"

Not in the receiving end when walking to work.

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By (user no longer on site)
over a year ago

I hope this isn't linked to the earlier wanking while driving thread.

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By (user no longer on site)
over a year ago


"if it is seen to be avoidable (if the driver is driving to the conditions and looking ahead he will see the puddle and the pedestrian so he can slow down or stop to avoid it) it is an offence.

the other problem is if you approach a large volume of water at any sort of speed you are likely to aquaplane and lose control of the vehicle.

if it was a 9 inch thick tree trunk I bet the driver would have avoided it. but the water is actually denser which is why wood floats. I have seen many vehicles on the motorway smashed after hitting puddles at high speed.

sorry about the rant but my job was driver training."

So what happens then if they slow down or stop to avoid soaking someone and then cause an accident behind them because the cars behind weren't expecting it to stop in the middle of the street? Who fault is that?

Nah, the person on the pavement has to take a measure of responsibility here as well. assuming they're waling towards an oncoming car and theres a potential soaking in the offing they can't just plough on and then pissed off when the car drives through the puddle. Be an intelligent adult. Even if the cars coming from behind them and they notice a big puddle, check to see whats coming first.

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By *ophieslutTV/TS
over a year ago

Central

There are huge responsibilities that drivers of motor vehicles hold. If someone rear-ends the car in front, because they've taken evasive action including stopping, then normal driving rules apply.

Drivers must take mitigating action if road conditions would result in their splashing of pedestrians. This is a simple, basic tenet of being a safer driver.

Drivers following other vehicles should also be mindful of road conditions, including other users, at all times. Safe stopping distances etc are important aspects of ensuring that you can stop without causing any collisions with others.

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By (user no longer on site)
over a year ago

you gotta be pretty stupid to not see wat cud happen wen approaching a big puddle on a road tbh plus am not gona swerve n poss cause a huge accident or head-on 4 sake of sum1 getting bit wet

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By (user no longer on site)
over a year ago


"No if it's done intentionally it's an offence. "

I done this before but only cos the lady looked really nicely dressed and some p***k pissed me off prior... She was pissed and swearing but I leisurely went along my merry little way

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By (user no longer on site)
over a year ago

This has got to be one of the stupidest threads ive ever read......everyone knows that it hardly ever rains in northern Europe, and roads are perfectly level. ..so the only people to get soaked in a puddle, are porn stars with huge nipples, ,wearing a see tru tee shirt.

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By (user no longer on site)
over a year ago


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

Maybe people should sue the council for having holes or gutters big enough to hold water.

No I know. Sue car manufacturers.

God! Sue God for sending rain.

Depends. My dousing was no accident!

So you said.

You also said you chased them down the road and banged on their van and only backed off because more blokes got out of the back of the van......

Not exactly. I was prepared for an exchange. I had witnesses joining me at the scene. They drove off. Your point is?

She is trying to be clever like most of her postings. I've had vans completely soak me before - if drivers can't see massive puddles in the road they shouldn't be driving. Maybe she thinks people using pavements should stop using them every time it rains. "

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By (user no longer on site)
over a year ago


"you gotta be pretty stupid to not see wat cud happen wen approaching a big puddle on a road tbh plus am not gona swerve n poss cause a huge accident or head-on 4 sake of sum1 getting bit wet"

You're supposed to slow down to drive through a puddle regardless of who is around.

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By (user no longer on site)
over a year ago


"if it is seen to be avoidable (if the driver is driving to the conditions and looking ahead he will see the puddle and the pedestrian so he can slow down or stop to avoid it) it is an offence.

the other problem is if you approach a large volume of water at any sort of speed you are likely to aquaplane and lose control of the vehicle.

if it was a 9 inch thick tree trunk I bet the driver would have avoided it. but the water is actually denser which is why wood floats. I have seen many vehicles on the motorway smashed after hitting puddles at high speed.

sorry about the rant but my job was driver training.

So what happens then if they slow down or stop to avoid soaking someone and then cause an accident behind them because the cars behind weren't expecting it to stop in the middle of the street? Who fault is that?

Nah, the person on the pavement has to take a measure of responsibility here as well. assuming they're waling towards an oncoming car and theres a potential soaking in the offing they can't just plough on and then pissed off when the car drives through the puddle. Be an intelligent adult. Even if the cars coming from behind them and they notice a big puddle, check to see whats coming first."

In wet conditions drivers should leave a bigger gap between themselves and the car in front. On a road that you could possibly soak a pedestrian you would probably only have a 30 mph limit anyway.

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By *tep121Man
over a year ago

manchester

I tend to drive rou do a puddle if it's safe to do so, if not, slow down if there's anyone walking past it.

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By *ophieslutTV/TS
over a year ago

Central

If you can't prevent this as a driver then I doubt you're fit to hold a license and drive.

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By *arry247Couple
over a year ago

Wakefield


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

snip

"

Exactly therefore they should be driving in accordance to the road conditions as required by law.

The puddle that they cannot gauge the depth of could be deep enough to damage the wheel of their vehicle and cause them to swerve to the nearside possibly with fatal consequences, or it could damage the suspension of their vehicle leading to high subsequent repair costs.

Or as in the case quoted lead to a pedestrian being soaked which is a breach of traffic law whether intentional or not.

The driver has to take responsibility for their actions if they accept the privilege of driving otherwise they have to accept the consequences of breaking the law.

Would you say the same if I was out shooting vermin on a farm on a windy day and shot at a crow upwind of a walker and the wind blew the shot so it hit the walker instead of the crow?

Would you then say the walker should take responsibility for himself/herself or would you say I should have been aware the wind could carry the shot away from my target?

It’s the same argument I and the driver (in the cases quoted) are in control of lethal weapons and need to observe extreme control at all times or suffer the consequences.

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By (user no longer on site)
over a year ago


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

snip

Exactly therefore they should be driving in accordance to the road conditions as required by law.

The puddle that they cannot gauge the depth of could be deep enough to damage the wheel of their vehicle and cause them to swerve to the nearside possibly with fatal consequences, or it could damage the suspension of their vehicle leading to high subsequent repair costs.

Or as in the case quoted lead to a pedestrian being soaked which is a breach of traffic law whether intentional or not.

The driver has to take responsibility for their actions if they accept the privilege of driving otherwise they have to accept the consequences of breaking the law.

Would you say the same if I was out shooting vermin on a farm on a windy day and shot at a crow upwind of a walker and the wind blew the shot so it hit the walker instead of the crow?

Would you then say the walker should take responsibility for himself/herself or would you say I should have been aware the wind could carry the shot away from my target?

It’s the same argument I and the driver (in the cases quoted) are in control of lethal weapons and need to observe extreme control at all times or suffer the consequences.

"

sorry Gary the above cannot be considered a comparison as you have no idea on the safe handling of firearms which is obvious from your comments above

thus it should not be considered

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By *ophieslutTV/TS
over a year ago

Central


"Seems like no one takes responsibility for themselves now.

How can a driver gauge the depth of a puddle after rain and also the trajectory and distance that the puddle water will splay and spray ?

snip

Exactly therefore they should be driving in accordance to the road conditions as required by law.

The puddle that they cannot gauge the depth of could be deep enough to damage the wheel of their vehicle and cause them to swerve to the nearside possibly with fatal consequences, or it could damage the suspension of their vehicle leading to high subsequent repair costs.

Or as in the case quoted lead to a pedestrian being soaked which is a breach of traffic law whether intentional or not.

The driver has to take responsibility for their actions if they accept the privilege of driving otherwise they have to accept the consequences of breaking the law.

Would you say the same if I was out shooting vermin on a farm on a windy day and shot at a crow upwind of a walker and the wind blew the shot so it hit the walker instead of the crow?

Would you then say the walker should take responsibility for himself/herself or would you say I should have been aware the wind could carry the shot away from my target?

It’s the same argument I and the driver (in the cases quoted) are in control of lethal weapons and need to observe extreme control at all times or suffer the consequences.

sorry Gary the above cannot be considered a comparison as you have no idea on the safe handling of firearms which is obvious from your comments above

thus it should not be considered "

Do you have instead a comparable operation of 2 pieces of equipment which both require licences for operation and where the operator is governed by laws, defining responsibilities and penalties, should the operator cause harm to others?

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By (user no longer on site)
over a year ago


"There are huge responsibilities that drivers of motor vehicles hold. If someone rear-ends the car in front, because they've taken evasive action including stopping, then normal driving rules apply.

Drivers must take mitigating action if road conditions would result in their splashing of pedestrians. This is a simple, basic tenet of being a safer driver.

Drivers following other vehicles should also be mindful of road conditions, including other users, at all times. Safe stopping distances etc are important aspects of ensuring that you can stop without causing any collisions with others."

That's all very well and that , but how the hell am I supposed to concentrate on the other cars , the puddles , people on the pavement , oncoming traffic , mitigating factors and so on , while having a fag and a coffee and a cheeky bj from Sabrina as I drive ?

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By *ophieslutTV/TS
over a year ago

Central


"There are huge responsibilities that drivers of motor vehicles hold. If someone rear-ends the car in front, because they've taken evasive action including stopping, then normal driving rules apply.

Drivers must take mitigating action if road conditions would result in their splashing of pedestrians. This is a simple, basic tenet of being a safer driver.

Drivers following other vehicles should also be mindful of road conditions, including other users, at all times. Safe stopping distances etc are important aspects of ensuring that you can stop without causing any collisions with others.

That's all very well and that , but how the hell am I supposed to concentrate on the other cars , the puddles , people on the pavement , oncoming traffic , mitigating factors and so on , while having a fag and a coffee and a cheeky bj from Sabrina as I drive ?

"

Just do your best. You can also offer any decent pedestrians a ride too

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By (user no longer on site)
over a year ago


"There are huge responsibilities that drivers of motor vehicles hold. If someone rear-ends the car in front, because they've taken evasive action including stopping, then normal driving rules apply.

Drivers must take mitigating action if road conditions would result in their splashing of pedestrians. This is a simple, basic tenet of being a safer driver.

Drivers following other vehicles should also be mindful of road conditions, including other users, at all times. Safe stopping distances etc are important aspects of ensuring that you can stop without causing any collisions with others.

That's all very well and that , but how the hell am I supposed to concentrate on the other cars , the puddles , people on the pavement , oncoming traffic , mitigating factors and so on , while having a fag and a coffee and a cheeky bj from Sabrina as I drive ?

Just do your best. You can also offer any decent pedestrians a ride too"

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross

You left out the crow , the wind and the rifle...

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By *inky BunnyMan
over a year ago

Cardiff


"Practically impossible for anything to come out of it. Just an unfortunately miserable person making a big deal o nothing."

Miserably wet person

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By *ottie_84Woman
over a year ago

Nottingham


"Is it an offence ?

If you're walking along the path and a car completely soaks you whilst driving throUgh a puddle on the road ...

Happened to someone on fb and they going on about suing the driver .....

Surely it's just the law of sod .... "

Apparently if you get the registration plate you can report it and they can be charged for the cleaning bill

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By *atcoupleCouple
over a year ago

Suffolk - East Anglia

The offence is driving without due consideration for other road users. Even though you are a pedestrian the driver must take due consideration for you.

If this was witnessed by independent witnesses the police could, and do, take action against the driver.

A defence for the driver could be that he could take no avoiding action and he/she could not have anticipated what was about to happen.

It is very annoying and to prove intent on the driver would be difficult.

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