What if the pedestrian is walking in between stopped traffic & steps out in front of an on coming car. Because he was hit while J walking the driver of the car wouldn't be charged with any type of violation would he?
2007-03-09 13:46:14 · 9 answers · asked by workerscompchick 1 in Politics & Government ➔ Law Enforcement & Police
It depends on your state and the specific circumstances; as well as, unfortunately, the disposition of the local district attorney and the clout or determination of the victim or their family. Normally, however, the driver would not be charged. Aside from highly publicized exceptions, generally most vehicular manslaughter or related charges are applied to those driving under the influence of a controlled substance or those that flee the scene of a crime (hit n run). Even in a state like California where pedestrians are given the right-of-way that does not automatically make the driver at fault. Instead you would have to prove driver negligence or a disregard of right-of-way. The first would be a situation like excessive speeding or violating some other law such as no head lights at night. The latter concept would be that you were aware of the pedestrian, had ample time to react and deliberately did not stop as you believed the pedestrian need yield to you. Both of these facts are very difficult to prove as eyewitnesses are notoriously unreliable in car accidents and not depended on heavily by the government )despite what your local cop and TV show tells you). However if you run over someone important or passionate about seeing you pay with the money to legally pursue it, you still stand well to get away you just don't stand as well, or to get away totally Scott free. Hope this helps..
2007-03-09 14:12:44 · answer #1 · answered by Nny 2 · 0⤊ 0⤋
Many years back, I hit a jay walking pedestrain. He was a old man who dash across a busy street even though he could have use the overpass. He suffered cuts to the head, but fortunately not severely. I called for ambulance and traffic police and they responded in 10 mins.
I was not charged for causing harm or dangerous driving resulting in injury to pedestrain. I was however charged for neglient driving, because the police standpoint is that the accident could be avoided if I were more watchful of other people on the road.
So I was let off with a small charge, and the pedestrain had to pay his own hospital bills and probably a jay walking charge too.
I guess it really depends on your state law. Hope it answers your question.
2007-03-09 22:19:14 · answer #2 · answered by WHO 3 · 0⤊ 0⤋
In my state this would not be "jaywalking", but it WOULD likely be an infraction for the pedestrian being unlawfully in a roadway. In most instances that I can think of (with few exceptions) the pedestrian would be the party most of fault ... though the now maimed pedestrian might not be too comforted by that fact while in traction.
- Carl
2007-03-09 21:55:47 · answer #3 · answered by cdwjava 3 · 0⤊ 0⤋
yes the driver of the car would be charged and ticketed normally. A driver is suppose to be driving at a speed that they can control thier vechile if something happens.
( we all know you can't do that always)
Depending on witness testemony if there was any, the J walker may or may not even be charged
Life ain't fair, but it is what it is.
2007-03-09 21:51:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In 99% of the cases, it is the drivers fault. Pedestrians ALWAYS have the right of way.
2007-03-09 22:49:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In Ky we are allowed to walk on the roadways because there are not to many sidewalks here yet, we are allowed to ride our bikes on them too, it can be dangerous and there are blind spots, I think if you do it you need to be walking or riding towards the traffic, but these roads are narrow at points and so it can be dangerous. I think that the person trumps the rights here I think that the car is mostly called at fault.
2007-03-09 22:08:03 · answer #6 · answered by Friend 6 · 0⤊ 0⤋
Got this problem downtown where I live...people just step right out and don't look, almost hit someone a few times.
I think if you're jaywalking and you get hit, you should be at least partly to blame...same as if you're crossing against a red light.
What is it with people crossing against red lights? I tell my young son, red hand says we stop, green person says we can go. :)
2007-03-09 21:55:02 · answer #7 · answered by ? 6 · 0⤊ 0⤋
Oh hells yeah he would. The pedastrian ALWAYS has the right-away. At least that's what I thought.
2007-03-09 21:55:10 · answer #8 · answered by Ballagirl 2 · 0⤊ 0⤋
He shouldn't be charged.
2007-03-09 21:50:24 · answer #9 · answered by Herr Raging Boehner. 5 · 0⤊ 0⤋