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Who's at fault? Skateboarder or Driver?
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Who's at fault? Skateboarder or Driver?

I was driving my car out of the parking lot when I almost hit a skateboarder going at full speed on a sidewalk. If I was to injure him with my car, is it still my fault even though he was not supposed to skateboard on the sidewalk?


    




logicalgal
Rating
Probably a point of law, but the courts and lawyers would decide.
When leaving any back lane, driveway or parking lot, it's the driver's responsibility to stop and yield before entering the roadway.
The skateboarder might partly be at fault, but you should yield to anyone on any sidewalk.


The Mr. Pine
It depends on who handles it. You must yield to pedestrians at all times. I assume you would be at fault for not yielding.


alwaysmoose
I walk a lot, but I am very pro driver. I believe that only in extreme situations should you be struck by a car. However in reality you would be at fault. What a country.


patrickandamie
His fault, though I doubt you would be able to get damages from him. However, this is only if there is a local law preventing him from legally skating on the sidewalk.


Daniel C
Rating
Since he is not using a motorized vehicle of any kind he is considered a pedestrian. It would be your fault, sad to say.


Emperor Norton I
It would be your fault. Pedestrians have the right of way, regardless of whether they're on a sidewalk (where they're not supposed to be) or on the road, just the same as if it had it been a jogger. You still didn't look until it was almost too late.


Mich.
Rating
I dont know, but I was hit by a F150 on the way to school and the police didnt even give the guy a ticket


Ashley P
Rating
Yes, it would be considered your fault for not looking.


The Jerk
I believe it would be your fault, seeing as how a skateboard is not classified as a vehicle, but as a pedestrian, bicycles can be classified as vehicles, like when they ride in the middle of the street and use the left turn lane, but skateboarders cannot.


RU GRLN
Rating
Well, in most countries it is your fault if you hit a pedestrian though I am not sure of the laws of a skateboarder although he may fall in the same category. So, immediately assuming he is a pedestrian tthey blame it on you, but certain conditions may exempt you from such charges such as if he was walking in RED light or somewhere he was not supposed to! There is also the case as hee may not be seen from the rear view mirror in some cases and all pedestrians are to assume responsibility for walking in front of parking lots and such where a reversing vehicle may be reversing and could result in a hit! The pedestrian must check for a reverse light! Also, if it were a parking lot and he were skateboarding fast then probably he is to blame as in parking lots cars are always moving and pedestrians must take care and especially if skateboarding as they are most likely to a hit! If it were a house, well then I guess you both take a 50-50 responsibility! Nevertheless, I am no law expert no lawyer but there are many contingencies to such a case to look in, try your lawyer he may help you unless you do believe they charge far too much for small discussions (which they do) then stick to Yahoo! Answers. And Good Luck Mate!


samercer76
JUST DEPENDS ON THE LOCAL LAWS, BUT IN MY OPPINION THE S/BOARDER IS 100% @ FAULT. AS HE IS ON A S/BOARD TECHNICALLY HE IS NOT A PED.


versantly
pedestrians generally have the right of way. but, this law is may be different in your city or county. take it as a message that you need to be less distracted when you drive and move on.


UCANTCME
ITS THE LAW...................


IT WOULD BE YOUR FAULT BECAUSE YOU WERE NOT LOOKING AND THIS IS ALWAYS YOUR RESPONSIBILITY.


Col T
Rating
u didnt hit him so who cares


Bruins91
Rating
why where you driving you car on the sidewalk? He has the right of way if hes crossing the street if that is what you mean





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