The report published by this newspaper on a civil court decision in the case of a pedestrian who was hit by a car in a built-up area (October 31) makes worrying reading.

The presiding judge concluded that “the fact alone that a driver was overspeeding did not automatically render him fully responsible. In the circumstances, the applicant was found to have contributed to the incident by crossing the road carelessly”. This is preposterous.

If a car leaves a 30-metre-long skid mark, its calculated speed would be over 70 km/h. Official surveys of road fatalities place the odds of a vehicle travelling at that speed killing a pedestrian  at over 85 per cent.

It often happens that pedestrians start crossing a road when a speeding vehicle is still out of sight or far away enough for the pedestrian to think that is safe to cross. It is therefore unfair that a pedestrian is blamed if there was evidence (skid marks) that this car was ‘over-speeding’.

This court decision is a typical example of our institutionalised unfairness to vulnerable road users.

In a recent similar case, the magistrate made this astonishing recommendation: “… the time has come for pedestrians to also answer for their actions when they are negligent, such as when they do not use zebra crossings and in cases of jay walking.”

Such comments can only strengthen the dangerous perception of motorists that they are immune to severe penalties.

The adopted principle in European and other countries is that vehicle drivers voluntarily in charge of a vehicle that is capable of causing severe injuries to unprotected road users are answerable for damages. This is why they are insured for such damage whereas vulnerable road users as pedestrians are not.

Our situation warrants legal protection for vulnerable road  users  as provided by the presumed liability law in force in European countries but not in Malta.

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