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If you killed someone when learning with a proper instructor, what would happen? Watch

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    I was asked my driving instructor about this in the first lesson and he said he would be liable
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    (Original post by CurlyBen)
    That's simply not true. The priorities, more or less, will be 1) attending to the injured person, 2) sorting out the scene of the accident and 3) establishing what happened. Once the Police have a reasonable idea as to what happened they can make a judgement as to whether the driver was committing an offence and, if necessary, arrest. They won't turn up and jump out of the car with the handcuffs at the ready to immediately arrest the driver.
    Anyway, I'm not going to argue with you about it - you've clearly got a chip on your shoulder as far as the Police are concerned.
    A chip on my shoulder? No, I haven't. I was falsely arrested with no evidence but I got no chip on my shoulder.

    Yes, the priorities will be the injured person. But if the accused is there at the moment the police will see no reason not to arrest him. It's similar to manslaughter or extreme assault. A person is laying there on deaths door and the accused is stood there, they are gonna treat the person but also arrest the individual who is accused.

    Anyways, let's not argue, I can see this going off topic.
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    (Original post by tinman1)
    So I accidently nearly killed someone a couple days ago on one of my lessons, they walked out and I didnt see them, and my instructor only just managed to put the brakes on.

    But what would happen if I'd killed them? Surely a learner can't get sent down for careless driving, that'd be like sending a clown to jail for being funny.

    Would the instructor be the one in trouble?
    You'd probably be charged the same as a regular driver. At the end of the day, you're in charge of the vehicle, if you can't drive safely don't go on public roads.
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    (Original post by DH-Biker)
    I don't believe the Underground operators do, anymore. Its not the same as stopping a vehicle in a city centre, its an entirely different system for a start.

    There was a documentary a few years ago about the people who did that in the London Underground and of the interviewees, none were taken to court or received reprimands in their occupation, I don't believe, there were some twenty-odd drivers on there who had been in that situation and if none had had any further action taken against them, its safe to say they are no longer held responsible.
    I understand your point, what you're trying to say, but due to the differences in the systems it wouldn't be 'fair' to prosecute a driver of an underground train for that. Not that it'd be fair to prosecute many drivers who have killed people before, some of the circumstances are, at best, ridiculous to draw charges upon but that's the way it works.

    Though I can't say I'd take the job of a train operator like that, waiting at every station for someone to leap out in front of you. 300+ people on some platforms and always the lingering chance you're going to have a person 'go under'.
    You're talking as if in the past, they were prosecuted! Nobody has ever been arrested for hitting someone with their train. Pedestrians on the railway are trespassing. They're breaking the law just by being on the tracks. Pedestrians on the road are crossing.
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    (Original post by Michaelj)
    Wrong and you'll fail your driving test and maybe get penalty points if you just drive through when a pedestrian intends to cross.

    https://www.gov.uk/using-the-road-15...ngs-191-to-199
    I am not wrong!
    There is no rule that states you MUST or SHOULD stop if a pedestrian is waiting at a crossing.
    Nor is it in law.

    Please do not quote the Highway Code when you do not understand it.

    It is probably a driving test failure because it is bad driving.
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    (Original post by ed-)
    See Nettleship v Weston

    Basically, under the law, learner drivers should be treated as any other driver. The duty of care they owe to their neighbour (anyone foreseeably affected by their actions) is of the same standard.

    Although that's negligence (so only really applies to injuring someone) I'm sure the standards would be the same if the driver were charged with gross negligence manslaughter.
    Beat me to it But yeah, learner drivers are treated the same as any other driver. Also if I recall correctly, the offence of causing death by dangerous driving is a strict liability one, so it doesn't matter whether you intended or were reckless as to the person dying, as long as they can show you were driving dangerously. However if they walked right out on you and there was absolutely nothing you could have done to stop in time, I don't think either you or your instructor would ultimately be convicted of anything, and you might well not even face charges.
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    (Original post by mphysical)
    I am not wrong!
    There is no rule that states you MUST or SHOULD stop if a pedestrian is waiting at a crossing.
    Nor is it in law.

    Please do not quote the Highway Code when you do not understand it.

    It is probably a driving test failure because it is bad driving.
    You're the one who doesn't understand it.
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    the law says that a learner must be treated the same as someone who has driving for years so yes you would be the one in trouble
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    (Original post by deedee123)
    i don't understand people posting saying that you'd still get charged if they walked out in front of you- as long as you weren't driving through a red light or a crossing, speeding or drink driving then i don't see what you would be charged for-its not your fault if someone decides to throw themselves in front of your car at the last minute, you can't magically grind the car to an absolute halt.

    to your point about learners and careless driving, learners can still be charged for careless driving and be given speeding penalties-in the eyes of the law a learner should be extra careful and should never be going over the speed limit if they don't even know how to handle a car properly.
    Jaywalking isn't illegal in the UK, if you are driving through an area where you can't see clearly if someone is going to walk out in front of you (e.g. a road with cars parked on each side), you should reflect that in your speed and observation. That way, if you hit someone and it was unavoidable, at least you wouldn't hurt them as much because you were going at a lower speed.

    (Original post by Michaelj)
    Exactly, they need reasonable grounds to suspect. If a person got knocked down by a car, you don't automatically presume.. "my god, I bet the poor fella ran out in front of the car..", so the police are likely to presume the driver was being reckless. Obviously, if somebody can prove the police wrong on the spot, i.e. a video of people attempting to commit suicide then it's totally different.
    Depends on witnesses and the likes, if there are three witnesses at the time saying that the guy ran in front of the car, the police would take details from you and the witnesses, but wouldn't need to arrest you at that point. They will only arrest you if they can't determine what happened at the scene.

    (Original post by mphysical)
    I am not wrong!
    There is no rule that states you MUST or SHOULD stop if a pedestrian is waiting at a crossing.
    Nor is it in law.

    Please do not quote the Highway Code when you do not understand it.

    It is probably a driving test failure because it is bad driving.
    Depends on your definition of 'moving onto the crossing'. That could mean the area on the pavement with the bumpy dots and such. I cba to look up the exact law to see if the crossing if purely the bit on the road, or includes the pavement.
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    The idea that drivers are always liable for a pedestrians' own incompetence is ridiculous and stupid.
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    (Original post by Michaelj)
    If that's the case why did I get arrested on suspicion of assault without a shed of evidence? It was just a whorebags mouth and bam I spent the whole day and night in a cell.
    Plus I watched the swedish girls running out on a cops show and the drivers didn't get arrested, because they ran out infront of them on a dual carriage way.

    Even Mr Bean would recognise that a pedestrian being hit on a dual carriage way isn't down to irresponsible driving, because a pedestrian shouldn't be there in the first instance!
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    (Original post by tinman1)
    Even Mr Bean would recognise that a pedestrian being hit on a dual carriage way isn't down to irresponsible driving, because a pedestrian shouldn't be there in the first instance!
    A pedestrian has as much right to be on a dual carriageway as any other form of traffic!
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    Is islam state, the parent of victim is choosing whether you should be justice by hanging, or justice by parent of victim taking you're house.
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    (Original post by mphysical)
    A pedestrian has as much right to be on a dual carriageway as any other form of traffic!
    Lol...idiot
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    A lack of driving experience doesn't limit your liability to other road users. Being inexperienced is no defence. (Nettleship v Weston)
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    you would not automatically be liable because you hit someone it would depend on circumstances ect.

    the fact that you were a learner and it was your second lesson would make no difference to this however. learner drivers are held accountable exactly the same in the eyes of the law as fully licensed drivers.
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    (Original post by tinman1)
    Lol...idiot
    Explain your comment learner driver.
    I am worried who your instructor is because you do not understand the rules of the road.
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    (Original post by mphysical)
    Explain your comment learner driver.
    I am worried who your instructor is because you do not understand the rules of the road.
    So let me get this straight, a pedestrian is taking a casual stroll in the middle of a lane on the M11. You think that's alright do you?
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    (Original post by tinman1)
    So let me get this straight, a pedestrian is taking a casual stroll in the middle of a lane on the M11. You think that's alright do you?
    No. Pedestrians are not allowed on a motorway.
    They are allowed on a dual carriageway.

    If, as you say, they are strolling down a lane on a dual carriageway, it is the duty of all other traffic to avoid them.
    They are not breaking any traffic law, but could possible be arrested for causing an obstruction.
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    (Original post by mphysical)
    No. Pedestrians are not allowed on a motorway.
    They are allowed on a dual carriageway.

    If, as you say, they are strolling down a lane on a dual carriageway, it is the duty of all other traffic to avoid them.
    They are not breaking any traffic law, but could possible be arrested for causing an obstruction.
    LOL so you think you're allowed to walk in the lanes of a dual carriageway? A policeman would tell you to get off straight away and if you didn't, you'd be arrested. So it's not 'allowed', is it! How many people are arrested each year for knocking someone over on a dual carriageway I wonder?
 
 
 
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