Blightking t1_iy0zytc wrote
Reply to comment by Brawldud in The Exceptionally American Problem of Rising Roadway Deaths (includes a focus on pedestrian and cyclist deaths in DC) by woulditkillyoutolift
Interested to read how the courts don’t agree. A speeding vehicle hitting a pedestrian should be a very simple tort matter
Brawldud t1_iy19134 wrote
in the US frequently you can murder someone who was walking or biking with your car and as long as you stayed on scene and were not drunk you will face no consequences.
Blightking t1_iy1aziy wrote
At minimum there's tort liability there, even considering contributory negligence. Wasn't able to find anything on westlaw or lexis you're describing. Do you have a specific case/incident/statute in mind?
Quelcris_Falconer13 t1_iy2r1jo wrote
Did the pedestrian have the right of way to cross or were they jay walking?
Blightking t1_iy2rg2l wrote
if right of way, the driver is completely at fault, if jay-walking, depending on the actions of the driver and the circumstances, the pedestrian would have contributory negligence.
Quelcris_Falconer13 t1_iy2u0ap wrote
Yeah I know. I’ve seen a lady ina. Wheel chair get hit. She was ina cross walk but didn’t have the light. Rolled out in front of a truck and got hit when the light for the truck turned green. Driver didn’t see her directly in front of his vehicle and he hit and she flew. She was alright just bruised up and they called the cops and the cops said told her that because she was crossing without the light, she was at fault. She even admitted it was pretty stupid of her.
Blightking t1_iy435kv wrote
no qualms with that result. pedestrians don't have the absolute right of way.
Working-Grapefruit42 t1_iy16j5u wrote
Not if the pedestrian caused the accident… for example if a pedestrian runs out in the street where there’s no cross walk it’s not always the drivers fault. Any typically insurance will take care of it for cases where the pedestrian isn’t in the crosswalk or the driver isn’t “in the wrong”
Blightking t1_iy1bl31 wrote
oh yeah if someone runs out into the street that's typically their fault. Basic negligence. A driver adhering to the law (not speeding, not texting [plaintiffs can request records of phone activity during the period in question to establish liability in discovery], etc.) obviously shouldn't face any legal liability.
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