If a driver hits a drunken pedestrian, whose fault was it?

what u talkin' bout?

That's an unfortunate tragedy. I don't believe that the party that hit would be at fault. However, that person would always have to live with that. Such a tragedy!

bundysmom

In spite of what people have written, pedestrians DO NOT ALWAYS HAVE RIGHT OF WAY. If this were true, crosswalks, jay walking tickets, and the red/green hand signal at intersections, even sidewalks, wouldn't exist.

As for your question, depends....was the pedestrian crossing at an intersection, in a crosswalk, with the Green blinking man saying he could cross...or did he just walk right into traffic? Did the accident happen on a dark street or well lit? What color clothing was the person wearing? Did anyone else avoid the pedestrian? Why couldn't they be seen? Why couldnt the driver avoid the accident? TOOO many unknown answers to way too many questions.

STEVEN P

depends where he was, on the pavement or on the road, and at what speed you were traveling at.

Gerald

It was the drivers fault--- He should not have been driving on the sidewalk.. Motorist should always be on the look out for drunks walking on the side of the pitch black road...

Administrator

It depends where the drunken pedestrian was. How the driver hit the pedestrian also needs to be taken into account.

John J

"Pedestrian was walking on the side of a road..."

Is that ON the road then?

visvardis

the drivers your always suppose to have full control of your vehicle

joe

Driver.

Hawkster

Well, right or wrong, the pedestrian always has the right of way.
Basically, they'll say that the driver should've been aware of what the pedestrian was doing, and the possibilty that he/she might be inebriated because the driver is the one who is surrounded by 2 tons of metal.

MzMo

The driver. Drunken or sober, pedestrians always have the right-of-way. Drivers need to be on their toes at all times.

Check the law - pedestrians ALWAYS have the right-of-way! Granted, the driver wasn't malicious & more than likely would not be charged with a crime.

caveman

Pedestrian always has right of way! except at red light! loitering in traffic is crime in some states so i'd say get a lawyer? soon so your not sued!

jarhead

I was skateboarding from my girlfriends house from where we was drinking. I ran out of sidewalk and noticed two car's in the far lane in a distance from me. So I merge out to the side of the road by the curb as I contued to skateboard keeping my eyes on the cars that was in the far lane from me. I notice the car closes to me was about ready to pass me. So I looked forward and contuned to skateboard home. Next think I know my leg felt like it got ripped off. (My leg was broken four different places) as the car hit me I flipped in the air as my leg was flopping every where then I hit my face onto the curb that knocked out my teeth out. Two lawyers denied my case because of my alcohol level. My alcohol level was .133 I really feel that it wasn't my fault.

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