Gecko Towers
I feel it’s important to impart a few key, though intentionally light hearted, tips that will make your transition to your new life in Marbella all the more enjoyable. The aim is to reduce any potential culture shock.
Today our topic is the Pedestrian or Zebra crossing and not to be confused with a traffic light controlled crossing.
“Zebras” as the name suggests often black and white although in coastal towns, like Marbella, there are some blue and white examples. They are known the world over as a haven for the pedestrian to make their way, safely and in a controlled fashion, across a road.
Cities, towns and villages have developed many of these areas to the state of high art with the addition of warbling “walking man” lights showing all, including the hard of sight and hearing, when it is safe to cross and when the next opportunity to do so will present itself.
In Marbella, as probably elsewhere in Spain, there exists a peculiar phenomenon, that has been explained to me, in part, as arising from the somewhat fatalistic mind set held by many Spaniards. This oil and water mix occurs when a pedestrian and a zebra crossing meet. There seems to be a stand off culminating in a dogged refusal to break step before entering the crossing. There is a prevailing speed at which those on the pavement (sidewalk) stroll, perhaps at the average of a few kilometres an hour. Upon approaching the crossing our target pedestrian, maintaining their previous full-pace walking speed, launches themselves from the pavement onto the crossing. This often occurs at a time when the pedestrian seems completely oblivious as to the presence of any vehicle that may be approaching the crossing from either direction.
Now I know it’s not right to hit a pedestrian at anytime with a car. I accept that. However, the pedestrian must expect, in failing to acknowledge that an approaching car, at even under the proscribed speed limit, needs a scintilla of time to brake in order to avoid mowing them down. A failure to acknowledge this and the result will not be a happy one.
The penalties for injuring a pedestrian are justifiably high but in the Common Law there is a concept of “Contributory Negligence” – that the injured or dead party did something to place themselves in increased jeopardy. Obtaining a witness statement from an injured pedestrian may pose insurmountable difficulties but eye witness accounts must acknowledge that the unfortunate victim did not act entirely responsibly when approaching the task of crossing the road.
Drivers please beware as not all pedestrians can be trusted to act with prudence when they approach a pedestrian crossing, so added vigilance is required. Assume that you have not been seen and slow right down.
STOP PRESS In a bid to improve the visibility of a zebra crossing, lessons could be learned from the Icelandic town of Isafjordur – see here their use of a 3D pedestrian crossing https://www.boredpanda.com/3d-pedestrian-crossing-island/?utm_source=facebook&utm_medium=link&utm_campaign=dmblog&fbclid=IwAR2UlF3OpiqkWy-ZI3E2XJil6V0lbVc13cNy-AHZvkNNTA18iLJZq4XwqTw
Should you be interested in discussing the processes, including the legal aspects, involved in buying a property in Marbella, we would be delighted to assist you. Our team of bi-lingual, highly experienced and wholly independent team of Abogados are ready to help you.
Please call me, Mark FR Wilkins, during usual business hours on +34 600 343 917.
Please note that our posts are for general interest. They are no substitute for proper legal advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
© Mark FR Wilkins 2021 All rights reserved.