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不能说是车子全责，但是也不能像警察说的那样是楼主母亲全责，应该是各有各的责任，警察说行人全责没有道理，楼主可以上诉警察的决定，去争取ctp更多的covered。
就如我前面说的，新交规规定车子转弯必须让行人，同时nsw的交规236也规定行人不能阻挡车子的路径。发生事故，双方都有责任。按照MAA的说法，行人有部分责任，可以claim除了$5000以外的其他方面的利益。
参考下这篇文章的说法：
http://blogs.abc.net.au/nsw/2009 ... ney&program=rip
A PLAIN ENGLISH GUIDE TO LAWS ABOUT PEDESTRIANS ON THE ROAD
COMMON SENSE BEATS THE LAW IN THE REAL WORLD. So, no matter what the law says:
1. It’s a really good idea for drivers to do everything in their power to avoid hitting a pedestrian, whatever the circumstances.
2. It’s also a really good idea for pedestrians to do everything in their power to mitigate the risk of being hit by vehicles
The Law
The Australian Road Rules imposes the obligation to give way on road users in certain circumstances. Under the law, however, this does not confer ‘right of way’ upon others. For example, while a driver might be required in certain circumstances to give way to a pedestrian, pedestrians are required under Rule 236 (1) not to cause a traffic hazard by moving into the driver’s path. Mutual ‘give way’ obligations exist.
In general, drivers are required by law to give way to pedestrians in the following situations:
· At pedestrian crossings and in shared zones.
· When the driver is entering or leaving the road. For example: when driving into or out of your driveway at home you must give way to pedestrians on the footpath.
· When the driver is turning left or right at an intersection the driver must give way to any pedestrian at or near the intersection who is crossing the road the driver is entering. This provision does not appear to apply to roundabouts, perversely.
· When the driver is doing a U-turn.
· When turning left in a slip lane the driver must give way to any pedestrian on the slip lane.
The Australian Road Rules place obligations on pedestrians as well.
· Pedestrians generally have to use crossings if they’re available. It’s an offence to cross a road within 20 metres of a pedestrian crossing.
· In general, pedestrians are required to cross roads by the shortest route and mustn’t stay on the road longer than required to cross safely. Not doing either of these is a traffic offence.
· Rule 125 (1) says: “A driver must not unreasonably obstruct the path of another driver or pedestrian.”
· Rule 236 (1) says “A pedestrian must not cause a traffic hazard by moving into the path of a driver.”
· Rule 236 (2) says “A pedestrian must not unreasonably obstruct the path of any driver or another pedestrian.”
· Rule 236 (4) makes it an offence for pedestrians to move onto the road (including the median strip, traffic island or painted island) to: solicit employment or business from people in a vehicle, hitchhike, advertise anything, sell anything (or offer to sell anything), wash a windscreen (or offer to wash one).
· It’s also an offence for drivers to buy or offer to buy anything offered in the point above.
· Rule 238 basically makes it an offence to walk on the road if there is a footpath or nature strip available. If there’s no footpath/nature strip, you have to walk as far to the side as practical, you must be on the side facing the oncoming traffic (unless that’s impractical, as it might be on a one-way street). And you can’t walk more than two abreast … unless you’re overtaking other pedestrians. |
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2010世界杯赛后观感 (2010-6-13) 小鸭 
楼主:语过添情
发表于 2016-7-3 22:04
