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Driving accident question?
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Driving accident question?

Ok, this is a hypothetical question but:

If someone was crossing the street (jay-walking) and they got hit by a car, whose fault would it be? The pedestrian because the didn't use the crosswalk? Or the car because they weren't watching?

This hasn't happened to me, but I just wanna know whose fault it would be.
Additional Details
And the driver is not speeding and lets bring into the fact that the pedestrian had a little to drink.


    




Todd
Rating
The driver would be liable if this happened.

The pedestrian has the right of way. If a pedestrian walks out in front of a car suddenly, and the pedestrian dies after being struck, then the driver can be tried for negligent homicide, which is a felony in the third degree.

Always keep an eye out for pedestrians!


William F. D
A pedestrian ALWAYS has the right of way!


The Mr. Pine
Rating
If the pedestrian was not in a cross walk and you were not speeding the ped is.


jose_valle76
Driver's should always be alert to there driving,and their surroundings,cuz a motor vehicle can be used as a weapon against any one,if a pedestrian hits a car,would not cause damage,or a least minimum damage,a vehicle can cause serious or even bodily harm,leading to death!


Vince M
Rating
In California, a pedestrian does NOT have the right of way if he is jaywalking. Only at an intersection, which California Motor Vehicle Code presumes to have a crosswalk, whether or not it is marked, do pedestrians have the right of way.

If a child, or adult ran into the street from between two parked cars, and were struck by a car, the driver would not be, automatically, found at fault.


UCANTCME
Rating
THE DRIVER WOULD BE BUT IT WOULD DEPEND ON THE CONDITION OF THE PEDESTRIAN AS WELL.

LIKE IF HE OR SHE WAS DRUNK OR SOMETHING TO THAT NATURE.


steve.57343
Rating
The pedestrian, in ALL cases has the right of way in America and Canada, different in the UK and Europe...don't know about Mexico or Latin America...


BOYD H
Both. But I do believe the driver of the car would be in more trouble because pedestrians have the right of way.





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