IS THE PEDESTRIAN ALWAYS RIGHT?

There are different types of pedestrians, and they also break traffic rules. Pedestrians as well as drivers are aware of roads being crossed in the wrong places. Nevertheless, they continue to break traffic rules - sometimes risking their lives - and drivers are often held responsible. No, we are not saying that pedestrians are to blame in many of the situations they encounter. It is well known that most traffic accidents are the fault of drivers. But we would like to know: are drivers always to blame for traffic accidents involving pedestrians, and are they always held responsible by justice? Apparently not. This was clearly demonstrated by the safety month organised from 15 April to 15 May by the State Traffic Police Department (STPD) of Baku under the codename "Caution: Pedestrian!" The statistics are as follows: during the campaign, 4,794 violations of traffic rules by pedestrians were registered. Most of the violations were committed in the Nizami, Nasimi and Binaqadi districts of Baku. The offenders were fined 10 manats under the relevant articles of the Code of Administrative Offences. Most of the violations committed by pedestrians during this period were due to their reluctance to use overhead and underground crossings.

 Two psychologies: the driver and the pedestrian

Deaths are the sad consequence of a collision between two psychologies - those of the driver and the pedestrian. In three months of this year, 217 traffic accidents involving pedestrians were registered on the roads and streets of the capital. As a result, 82 people were killed and 165 were injured. Violations are committed by both - due to ignorance of traffic rules, accident or because they were under the influence of alcohol. That is life, many would say. And they are right, if it were not for one "but". All these accidents and violations, shattered fates and lives could have been avoided if people had acted in accordance with approved basic traffic rules. Well, if a violation does occur, then the culprits must be held to account, even if they are pedestrians. But the reality is that it is easier to punish the driver rather than the pedestrian. Why?

The point is that it is almost impossible to catch all pedestrian offenders, due to a general lack of culture or knowledge of traffic rules. For example, in order to identify violations by pedestrians, it is necessary to install surveillance cameras on almost all streets, and this is not possible, says an STPD employee. Yes, we should recognize that cameras operated from the single STPD call centre have been installed on many of Baku's main streets and administrative areas but, overall, it is not yet technically possible to monitor pedestrians. There is another problem. While schools tell children that it is necessary to cross the road at green traffic light, adults are not taught to do so. Moreover, many people are fed up with such truisms. People are in a hurry and, as they get off public transport, they are ready to literally throw themselves under the wheels of a car just to cross the road quickly. Adults have forgotten the traffic rules, they do not learn them, and thus they cross the road anywhere they like, but children are not always aware of how to behave when crossing the street. "By the way, during the safety month, we repeatedly forced pedestrians to return to the edge of the carriageway and cross the road in the right place. Some people followed our instructions, while others resisted and were fined," a traffic police inspector reported.

It is also much harder to fine a pedestrian, because many of them do not carry documents, which makes it difficult to execute a protocol. At the same time, it is extremely difficult to deter pedestrians with only a token penalty - 10 manats. However, the STPD believes that fining pedestrians is not only necessary, but also important, and it would be better if the fines were "reasonable".

It should be recognized that, even if an accident occurs through the fault of a pedestrian, he is recognized as the injured party - 90 per cent of accidents involving pedestrians end in the punishment of the driver! After all, it is assumed that if you drive then you are responsible not only for yourself, but also for that guy and girl running across the road. This is the right approach, because the driver controls a vehicle which "creates an increased danger to others", and under any circumstances responsibility for damage caused by the vehicle rests with the driver - the treatment or funeral of the victim. However, this legal requirement should not relieve the pedestrian of responsibility. Yes, under any circumstances the driver is obliged to compensate for the damage caused by the source of increased danger, if a pedestrian is injured or killed. But he should not face criminal liability in the form of five years' imprisonment if a pedestrian is knocked down or killed through his own fault. Inspectors and all road users should clearly understand this.

Deal with the insolent fellow?

Who provoked whom? Such issues often arise between those involved in traffic accidents, particularly between pedestrians and drivers. In his professional career, the STPD employee has seen drivers who tried to punish an insolent pedestrian. What is a pedestrian through the eyes of a driver? Most of them run about on the roads, creating situations liable to end in an accident, often behaving defiantly and arrogantly and literally infuriating the driver. But drivers are also to blame. When pedestrians behave like this, instead of getting a grip on themselves and calming down, drivers increase speed, while some press down on the gas pedal, increasing engine noise. There are even drivers who try to knock down or frighten pedestrians, and then it is too late and a collision becomes unavoidable. "As an employee of the STPD, my advice to motorists is brief. If you are angry and moral considerations cannot stop you, remember that knocking down a pedestrian does not pay, no matter how blasphemous it may sound. In the event of an accident, the driver will only have to pay an administrative fine. If a pedestrian is injured or killed, the driver faces criminal liability - from three to six years' imprisonment under Article 263 of the Criminal Code of Azerbaijan. Keeping your freedom is rather a strong argument for not running over a pedestrian," said our interviewee from the STPD.

"Well, what if a pedestrian breaks the rules?" many will ask. "Perhaps we should punish and frighten him a little bit in order to discourage others?" No, no and no again. Even in this case, it is better to give way to a pedestrian. The primary reason is that in any accident, the vehicle may hurt the pedestrian, because there are not only "insolent" pedestrians all around us. Offenders may also be children, pensioners and old people who just do not know the traffic rules. It is better to give way to a pedestrian in any situation. This is for everyone's good.

How best to give way to pedestrians?

What could be easier than giving way to a pedestrian? But most drivers cannot do this calmly and correctly. The easiest way to give way to a pedestrian is to stop the car. But this is not very efficient for either driver or pedestrians, say the experts. The driver must stop and the pedestrian must wait until the car finally stops. There is another way which allows both pedestrians and vehicles to disperse a little faster. The driver does the following: he reduces his speed, but does not stop. The pedestrian continues to wait, as he does not know what the driver will do next: will he stop or accelerate? Thus it is necessary to give the pedestrian an additional sign. To do so, the driver flashes his light on and off a few times. He can also simply wave his hand at the pedestrian. In this case, most pedestrians cross the street in front of the slow-moving car. But if the pedestrian does not understand the driver, he should stop and wait until he crosses.