Link http://www.nzherald.co.nz/nz/news/article.cfm!c_id=1&objectid=10853098 Motorist swerved to avoid jogger on dark rural road and died. Now the coroner blames the jogger, statingthat he "should not have been running on an unlit rural road in the dark". Surely it is a pedestrian's right to use the road, as much as a cyclist or a vehicle driver.Of course one should wear appropriate clothing or perhaps carry a light to make oneself more vfisible, but that said, one still has a right to use the road, same as anyone else. Often it is impossible to get off the road, particularly when there is a deep water table at the side, no footpath, and you are half blinded by oncoming headlights, which make it impossible to see where the side of the road is let alone step off it safely. I speak from experience, having walked along rural roads at night. I would say the onus is equally on drivers, to watch out for pedestrian road users.
mm12345,
Dec 10, 7:24pm
I'm with the coroner on that one.Running in the dark, wearing dark clothing, in the middle of a dark rural road is daft. And no - the pedestrian does not have the same rights to use the road.
countrypete,
Dec 10, 7:27pm
And obviously it's a driver's right to use to use the footpath if he or she so chooses.Oh, hang on.
lalbagh,
Dec 10, 7:32pm
looked at the road code, no there is nothing there about pedestrians not having the same rights, only advice to wear reflective clothing and carry a torch. Countrypete, no need to be sarcastic here, I am talking about rural roads where there is NO footpath, just a gravel shoulder and a watertable drain, or worse, only a gravel road with no painted white edge marking at all. The ONLY safe place to walk at night without twisting an ankle in the watertable or in the long grass is on the actual formed road
lalbagh,
Dec 10, 7:40pm
Proof then please, from the road code! I cannot find anything that states pedestrians have a lesser right of use- motorways excepted of course
andrea_w,
Dec 10, 7:41pm
A road is made for cars, NOT pedestrians. If they want to use a dark rural road at night it's really simple - get seen. Wear a giant neon sign if you must. or simply (and wisely) get off the road when a car is coming (wearing lights or not). assume the car will not see you. Self preservation is apparently non existent in some. Any small object is very hard to see on a dark road. even more so if they do nothing to help themselves get seen - reacting to this small object that is standing where it shouldn't be AND avoiding it safely is not as easy as it sounds. How many have unavoidably hit an animal on the road! Not too much different here.
mm12345,
Dec 10, 7:46pm
You've got all the proof you need from the coroner.
SO, given a jogger is technically allowed to be there, what kicks in are the passing rules, and a thing called common sense. There's not a lot of detail in that story (compared to what would have been given in the inquest), but it seems at the very least the jogger didn't make use of any common sense what so ever, not to mention leaving the scene.
It's not so much about who has right of way, it's about self preservation. I frequently encounter pedestrians and cyclists in 100kph zones that do not move over. Right and wrong doesn't come into it - they are a crash waiting to happen when they get a motorist less patient and forgiving than I am. Cold comfort to the family standing at his funeral saying "well he was in the right, you know, that car should have slowed until it was safe to pass.".
kevymtnz,
Dec 11, 6:40am
still got away with it sad
dunwoody,
Dec 11, 7:19am
Ever tried walking on a rural road, sealed or gravel! Probably the most dangerous thing anyone can do. But what is the option if you have no vehicle available.
rsr72,
Dec 11, 7:22am
Richardson was deliberately forcing his way along the road, forcing traffic to avoid him. He was antagonising drivers and was known for it. A car will get him one day, and I would doubt anyone would shed a tear for him.
flack88,
Dec 11, 7:59am
He wasnt a cyclist was he!,we have all nearly ran over idiots,on dark roads at nite with no lites,on bikes,dark clothing.Having to walk on on a road like that,you would normaly just get off the road till the vehicle passed,or Darwin may sort it!!
fordkiwi27,
Dec 11, 8:49am
OP you will lose this battle,this is motoring.get the fark outa our way!
rsr72,
Dec 11, 9:08am
#13- and,. he's a lawyer. The only good lawyer is the dead one.
flitt,
Dec 11, 9:23am
WTH!!
rsr72,
Dec 11, 10:21am
The online Herald story omits details which are in the printed Herald today, as,.
< .'Evidence was heard from local man Andrew Sewell whose experience with Richardson 'was almost identical to the events leading to De Thierry's death'. Mr. Sewell said 'The way Richardson used to run up that road was almost like he thought he owned it.'.>
asa50,
Dec 11, 3:41pm
forget your rights, remember what is smart. Being "in the right" is of minimal importance when you end up in hospital.
trouser,
Dec 11, 3:51pm
I used to live in Marton and have come across that guy a couple of times. He pretty much runs in the middle of the lane.
ice13,
Dec 11, 3:52pm
Somethings are frigging obvious , dark road ,dark clothing what an idiot but it must be someone elses fault surely maybe the moon went behind a cloud maybe the planets weren't aligned to make him be a dick, sometimes it's bloody common sense not to do something a certain way! It's not rocket science good grief! Ahh feel better now
trouser,
Dec 11, 3:53pm
On the subject, why oh why do I see more and more people running or walking on the road when there is a perfectly good footpath beside them!
There are a lot of these death wish weirdos around west harbour and massey.
trogedon,
Dec 11, 4:00pm
Agreed. I sometimes come across runners when I'm cycling in the mornings. Often its dark and they're usually (truly) wearing black. I know its the 'slimming' colour. Having done a lot of running too I would sometimes run on the road (safely) because it gives one's ankles and feet a break from being canted at the same angle.
mike77,
Dec 11, 5:14pm
Coming from someone who runs on rural roads . It sounds as though Richardson is a complete utter w@nker, both prior and after the accident.
It's not hard to keep safe, do it in day light, select your path, especially around bends and blind corners, and it's not your right to be on the road way especially within the white lines on the sides. I'm guessing that he's taking the easy line, rather doing the extra meters and being in a safe place.
A friend of mine does commute at times in the dark running through Hunua gorge, (Not my idea of fun TBH) but at least he's relectorised from head to toe with working head torches
mike77,
Dec 11, 5:16pm
Also, running on the grass verge, just isn't really an option to stay there the whole run, as you will keep rolling / damaging your ankles. but around some corners it's your only safe place.
pollymay,
Dec 11, 5:21pm
Are you daft! What do "rights" have to do with making yourself a danger. It doesn't make it any less dangerous, you are basically saying it's their right to put themselves at risk and to a point I agree. But don't make a point to whine about the consequence of that. It is their right to stick their head in a microwave to, I'm sure that is a smart move to.
They're also not allowed on motorways period.
purple666,
Dec 11, 5:29pm
I am driving along wrapped in more than a ton of hard metal and there is a walker/runner wrapped in a kilo or two of soft skin . . . . . . Doesn't take a really clever bugger to work out who should be where.
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