whose fault would it be? pedestrians always has the right-of-way ... so like what will happen to the driver? Assume the driver was respecting all other traffic laws and it was at night...
2007-08-05 09:47:19 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's called a personal injury accident. Pedestrians do not always have the right of way. They have to follow safe rules too.
2007-08-05 10:00:13 · answer #1 · answered by CGIV76 7 · 0⤊ 0⤋
It would probably be a question of whether the driver was negligent--did he fail to use reasonable care under the circumstances. In a situation where a person ran from behind a parked car at night, and the driver was not impaired and was driving carefully, the driver has probably not committed a crime. But if the circumstances were such that the driver would have had a chance to avoid the accident by exercising reasonable care, he may be in trouble.
People use the phrase "pedestrians always have the right of way," but I think that's just a way of saying that if a driver sees a pedestrian in his path, he better stop his car. It doesn't literally mean that the pedestrian is always right, and the driver is always at fault in these situations. Pedestrians also have an obligation to follow the laws and cross roads appropriately.
2007-08-05 17:58:37 · answer #2 · answered by Jane 2 · 0⤊ 0⤋
I think more likely than not, unless the environment made the jaywalker difficult to see, the fault would lie with the driver.
At night, though - a court may find in favor of the motorist. We actually had a high profile case in MA a few years ago exactly like this.
(In the specific instance, it wasn't a jaywalker - it actually was a pedestrian assisting another person who had collapsed in the middle of the road. The motorist didn't see the person, and ended up hitting them both.)
2007-08-05 16:52:53 · answer #3 · answered by Lunarsight 5 · 0⤊ 0⤋
If the driver was obeing all traffic laws and was not impaired, he/she
would probably be found not quilty. But, Did the pedestrian step out from behind parked cars ? Was the driver distracted ? Was the roadway lighted? Anyways, that's why they make crosswalks.
You can be fined for Jay-walking, [or killed.] Driver should not be
liable .
2007-08-05 17:08:47 · answer #4 · answered by goalaska 4 · 0⤊ 0⤋
There was actually a situation like this in my town where an old lady crossed (jaywalked) everyday across our busiest road, main street. A man hit her in his truck.
After that it was pretty hush hush. While she jaywalked, pedestrians are known to have right of way on crosswalks and other clearly marked crossing areas. Crossing on unmarked areas does provide a chance of accident...but then again, many pedestrians get right of way (especially those with eye-seing dogs or black cane w/ white tip..ie blind peope).
You can most likely get involuntary or accidental manslaughter if the family decides to pursue some kind of reprication.
2007-08-05 16:55:20 · answer #5 · answered by I Love My Kitties 5 · 1⤊ 0⤋
driver is always responisble. It equates to assault with a motor vehicle (a Felony). The pedestrian ( should they live) would get a write up for Jaywalking
2007-08-05 18:00:17 · answer #6 · answered by psychotick 2 · 0⤊ 0⤋
pedestrians do not always have the right of way. the laws vary with the state.
2007-08-05 17:11:00 · answer #7 · answered by bridge 3 · 0⤊ 0⤋
they are both wrong...
tough on the car...body work.
tougher on the jaywalker- same reason.
Law gets you both.
2007-08-05 18:06:30 · answer #8 · answered by sirbobby98121 7 · 0⤊ 0⤋