car vs. pedestrian?

Question

my boyfriend's brother was struck by a vehicle while crossing a two lane highway. he claimed to have looked both ways, but was hit and both legs were broken. he ended up getting cited for the accident. my boyfriend is furious at me b/c i told him that unfortunately it was his brothers fault. my bf said that it is the law that drivers control their vehicles at all times (true) and that pedestrians always have the right-of-way and that the driver of the vehicle should be in jail. i told himwhat i believe to be the law and he blew up at me. he claims that a pedestrian is never at fault in an accident and he is going to get a lawyer b/c it wasn't his brothers fault. I was just wondering if anyone could direct me to a website that clearly states rules for pedestrians or anything that clearly states the laws and who's responsible in a case like this. thanks

it was a remote country highway. no traffic lights, stop signs, cross walks ....

Answer 1

If pedestrians always had the right of way, then we could just run in the streets until we got hit and sue the driver. That would be a joke.

No one here can say the driver was in the wrong. If it was a highway, paying more attention would not have made the car stop faster, except for perhaps one second sooner. It's a highway!

Answer 2

One should NEVER cross a highway on foot .... that's why bridges, overpasses and traffic lights were invented!! Of course people do it anyway .... but then they are responsible to face the consequences of their actions.

Imagine this .... a pedestrian crosses the highway .... your boyfriend, his brother and parents are in the car driving safely, your boyfriend has to swerves to miss the pedestrian and by doing so runs the car into the oncoming traffic lane and hits another vehicle head-on!! Everyone in both cars either dies in the accident or end up quadriplegics for life.

Whose fault is it then ... your boyfriend's???? He should have had better control over his vehicle????

I don't think so ... the pedestrian has no business being on the road. Just like when accidents happen in the cases where deer or other animals are crossing the road ... the drivers are not charged ... the consequence for the animals' actions is to become "road kill" ... it would be difficult to charge them with anything! Not so with a pedestrian who is supposed to be a THINKING human being. I feel that your boyfriend's brother is lucky to get away with ONLY two broken legs and being cited for the accident.

Answer 3

Unfortunately this law is different in all states, specific counties and towns. All of Canada has this law: Any pedestrian has the right of way in a cross walk. I suppose in town there are controlled intersections and in those instances the walking lights must be obeyed. I'm sure your boyfriend's family has discussed these things with an accident attorney. I'd think however that the operator of the car would be responsible for his medical costs. When ever a person in a vehicle hits a pedestrian for any reason the driver is held responsible. I don't know your states laws but here in NY the DRIVER is always responsible in cases like these

Answer 4

Short answer: You are right and your boyfriend is ignorant. IT IS A MYTH THAT PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY. Pedestrians must follow traffic laws as well, such as:

(1) Crossing in a marked crosswalk when one is available
(2) Crossing in a marked crosswalk when it is SAFE to do so (pedestrians cannot just walk into flowing traffic wherever there is a crosswalk; they must wait until the road is clear)
(3) Following all traffic control lights at an intersection or crosswalk (if motorists have a green light, pedestrians cannot cross)

As for a specific Web site, you will need to refer your boyfriend to your state's laws, but all states' laws are virtually identical.

Answer 5

Pedestrians do not have the right of way when not in a crosswalk (marked or unmarked). A pedestrian who is attempting to cross a road outside a crosswalk must yield to any and all vehicular traffic. Pedestrians most certainly can be held at fault for accidents, and at times required to pay for damages they caused to the vehicle that struck them.

Answer 6

It depends on where you are living as to what there laws are surrounding pedestrains on highways but I'm thinking that cars at high speed + pedestrians is going to equal pretty devestating consequences and your bf and his brother should be very grateful he's alive.

I don't think that it is legal anywhere in the world for pedestrians to be on a highway for this reason. Unfortuantely I don't think he has a case at all and a good lawyer would inform your bf of this instead of taking the case.

Good luck to you, it sounds like your bf is quite upset and this may be the reason he has gotten so upset with you when you tried to explain this to him. Sometimes shock, anger and fear can cause people to look for someone else to blame and to take it out on their nearest and dearest.

Answer 7

Sounds like your boyfriend is in a place where he cant see the truth. Not uncommon in cases like this. Someone he loves has been hurt, and even though from your question his brother is at fault, he does not want to admit it. He may find some lawyer to take the case but if his brother was not in a cross walk he can not be in the street.

Answer 8

Sounds like he was not using a crosswalk OR common sense. Accidents happen, especially when you are crossing a HIGHWAY in the midst of no traffic controls and 2 ton moving objects. Lesson learned....next time be careful.

Answer 9

Pedestrians ALWAYS have the right of way -- provided that they are using the CROSSWALK in an intersection and the red light is in their favor.

If they're crossing a 2 lane hwy on foot it is also known as Jaywalking and is a ticketeable offense.

Good luck with everything

Answer 10

Well, both were in the wrong. The vehicle should have been paying attention. But your boyfriends brother was not at a crosswalk or a stop light, so he was jaywalking.