A 6 year old boy just ram my car from side way he ran towards my car without looking left and right and causes damage to my side mirror, luckily I’m on gear 2 and the boy only suffer a little bruises. Who is guilty? In this case.
2006-08-29 23:05:00 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Come on, you can't seriously be thinking of suing the child's family. And if they are suing, then hope that you've done everything to the law. My friend was driving her car accross an intersection when a bastard came around the corner, speeding, and ram into her car. They went to court, and b/c she could not prove beyond the balance of probablity, the court found in favour of the plantiff and she paid over $3000 for his car. Well, her insurence did but you get the idea.
2006-08-29 23:22:16 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I've not sure if there is even a law on that, or whether people will eve bother to sue based on that, but here's some stuff I thought applicable...
RCW 46.61.235
Crosswalks.
(1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
(3) Subsection (1) of this section does not apply under the conditions stated in RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian or bicycle to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
In this situation, (1) and (2) seem to contradict each other, so I'm really not sure.
2006-08-29 23:21:11 · answer #2 · answered by school 2 · 0⤊ 0⤋
Seems like I have always heard “pedestrians are always in the right of way”, but check with a local attorney for the best solution. One-time consultations are usually free.
2006-09-06 17:23:31 · answer #3 · answered by 75160 4 · 0⤊ 0⤋
I may be wrong but I think in any state the pedestrian has the right away... Check the laws in ur state! When you are driving you should always be looking out for children they don't always look both ways so you should... Happy driving and be safe!!!
2006-09-03 13:33:03 · answer #4 · answered by kiddo732001 2 · 1⤊ 0⤋
If there are witnesses, you should not be held accountable for the child's injuries, as it occurred after you had exceeded your availability to stop. Be concerned for the well being of the child but fix your own vehicle damage.
2006-09-04 14:23:09 · answer #5 · answered by twoshotjudy 2 · 0⤊ 0⤋
Pedestrians always have the "right of way" meaning the child will be held harmless, however, it may be that neither of you are at fault if this appears to be a freakish accident.
2006-09-06 15:01:17 · answer #6 · answered by Rada S 5 · 1⤊ 0⤋
You are. As a driver you are supposed to have control of your vehicle at all times. 6 yr. old children can't legally be held responsible for anything.
2006-09-06 08:41:03 · answer #7 · answered by Frank R 3 · 0⤊ 0⤋
Most of us would say the kid. How ever that would depend on if an charges are being pressed. Then it is up to the judge
2006-09-06 17:28:33 · answer #8 · answered by Cindy M 2 · 0⤊ 0⤋
6 year old shouldn't have been driving, oops I misread the question.
2006-09-03 14:04:15 · answer #9 · answered by nbr660 6 · 0⤊ 0⤋
first of all a 6 year old shouldn't be driving, where was his parents? it would be his parents fault, not yours for not keeping a eye on thier child............
2006-09-06 14:02:11 · answer #10 · answered by crazy2have3kids 3 · 0⤊ 0⤋