2018年07月10日

Reflective elements from the point of view of the law

As we wrote at the turn of the year, the obligation to wear reflective vests caused a new balance between the driver and the pedestrian. "There has been a situation where not only the driver has to deal with driving, but the pedestrian has a duty to be seen," says lawyer Jan Ferny. Before the effectiveness of the amendment introducing pedestrians was made public, the driver was the primary culprit for the police and, as the case may be, for the prosecutor. "I have also experienced cases of a chauffeur's accusation when a pedestrian walked along the wrong side of the road, he was darkly dressed and even under a strong influence of alcohol," explains Ferny.

Experts agree that today, in the investigation of traffic accidents, it focuses not only on drivers but also on the possible share of pedestrians. "We have a duty here to judge whether a pedestrian had a reflective element with reflective materials. If a chauffeur with a reflective element had seen it, a situation may arise when the driver is fully developed, "continues Jan Ferny.

It can happen that a pedestrian, who will not collide the car without a reflector, will receive no compensation."In each individual case, we investigate whether the element was used, how it was placed and what its reflective fabric was," says Libor Bearn of Allianz and points out that if pedestrians are found guilty, it may even be the one to pay.

It is our duty for one and a half years to wear reflective elements. How do you perceive implementation?

When looking at year-to-year statistics for years 2015 and 2016 outside the municipality where the obligation applies, we have seen less than twenty killed in reduced visibility. In addition, after a long time, legislation and a large campaign followed, followed by a police action aimed at checking whether the pedestrians wear the reflective ribbons.



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