Every year, 11,000 accidents are recorded in Spain, 10,000 of them in urban areas. One in every three of those involves careless pedestrians. How does the policy work?
If you are walking correctly, it will be the motorist’s insurance policy that pays the damages, applying the new accidents scale, which takes into account, as well as the injuries caused, your personal and employment circumstances, etc.
If you have committed some sort of offence while walking, it is very unlikely that you are solely at fault. Drivers are deemed to be taking a risk merely by getting behind the wheel and must drive at a speed that will enable them to brake before hitting a pedestrian. To be exonerated of all guilt, it is actually the driver who then has to prove that it was exclusively the pedestrian’s fault.
If both the driver and the pedestrian have committed an offence, an agreement can always be reached; otherwise, it will be the judge who decides.
We pedestrians must always stay on the left-hand side when walking in the road, so that we can identify oncoming vehicles. And, at night, we need to wear “an approved piece of luminous or reflective gear visible from 150 metres away”.