Since 20 February this year, pedestrians moving outside the village have been obliged to be equipped with reflective elements in poor visibility. If the pedestrian does not have them and becomes a participant in a traffic accident, the insurance company may withdraw from the monetary benefit.
"Every accident is assessed individually. However, if there is a direct link between the fact that a pedestrian has not fulfilled its legal obligation and an accident, then the driver may be fully developed or the pedestrian may be identified as an accomplice to the accident," emphasized attorney Jan Černý. According to him, this is a breakthrough in the assessment of accidents, because previously for any such accident was primarily judged by the driver.
If the "invisible" pedestrian became the main culprit, which the driver could not have noticed in low visibility, the insurers then resist financial compensation.
"It is necessary to take into account that if the traffic accident investigation reveals that the pedestrian was not marked with reflective elements under reduced visibility outside the municipality, then the insurance company may reduce or even refuse to pay damages from the motor third party liability." Jiří Cívka, spokesman of Generali insurance company.
The obligation to wear reflective elements on roads between municipalities was introduced this February. This year, 16 pedestrians died in accidents in October, on November 11. Last year it was 31 in these months, four more. According to experts, October, November, and December are the most critical months.
The reflective element shall be visible to all other road users. “For this reason, we recommend placing the reflective tape on the shin in the area above the ankle or wrist. We always put them on the right side, ”advises BESIP manager Martin Farář, saying that enough reflective tapes or jackets can be bought not only on the Internet but also in brick and mortar stores.
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