Dark nights spell danger

It has been 45 years since I passed my driving test. And even though I routinely drive up to 50,000 miles a year, there’s one aspect of motoring I’ve come to loathe — and that’s using my car at night.

Bad enough that local authorities long ago decided that illuminating our streets is a luxury they can no longer afford. What’s more, some cyclists don’t use or even have lights on their bikes. And our darkened, pothole-peppered roads are populated by so-called phone zombies hooked to their mobiles as they cross roads. However, driving through densely populated Jewish areas at night presents another and profoundly serious occupational hazard: and that’s the traditional garb of the Strictly Orthodox. For black suits, black overcoats and black shoes, crowned by a large, face-concealing black hat can make it nigh on impossible to spot people dressed this way.

Immediately I can feel hackles rising. How can the hapless pedestrian — who is entitled to dress how they like — be in any way at fault when it comes to a collision between man and machine?

As a road traffic lawyer I absolutely accept that it’s the legal duty of any motorist to drive with reasonable care and attention and with reasonable consideration for other road users. And it is the driver’s responsibility to be alert at all times and be confident they have the skillset to react to any given situation. (That’s why whenever there’s a motoring accident involving pedestrian, then prima facie it is the driver’s fault.)

But this is not about blame — it’s about vulnerability and attempting to safely share road space.

Only a couple of weeks ago, when going for an evening meal at a kosher restaurant in North Manchester — one of the largest concentrations of Orthodox Jews in the country — I had to slam on my brakes as two Chasidim stepped out into the road. It is far from the first time this has happened.

So what’s the answer?

Although this is traditional dress, I think it’s vital those so attired recognise that pragmatism and safety are paramount on a wintery evening. Reflective clothing is an absolute must.

There are now some yeshivot in Manchester which won’t allow students to go out after dark unless they’re wearing some form of high viz arm bands, vest or belt.

But it’s also possible that those who are older and set in their ways, especially — and I say this with respect — those who put their faith in the Almighty, will simply take a chance. What’s more when they are coming out of shul or hurrying to a shiur they are admirably consumed by their commitment to prayer and learning. Unfortunately spiritual absorption supplants spatial awareness.

The preservation of human life is a central tenet of Judaism. So it baffles me that those who are so dedicated to their religion may overlook this aspect when it come to personal safety.

In my view the law needs to be changed — and not just for the Orthodox. Wearing reflective strips or arm bands if you’re dressed in a dark outfit should be as mandatory as switching on your car head lamps at night.

Until that happens, driving at night will continue to be fraught with danger — and there but for the grace go all of us.

Nick Freeman is a lawyer