Someone got hit by a car this morning across the street.

[Kenny]

I was up a little early today and heard a loud *thump*, followed by a scream and a cry.

I got a text message from a friend that was going to class that someone got hit by a car. That intersection is too freakin dangerous. This is the second accident I've heard of. The other accident was last month by two cars.

The intersection connects the block I live on with the school. Will they finally put stop signs up? I've lived here for about a year and nothing has been done yet, I'm sure many other accidents have happened here as well.

I ran out to check out the scene, and the girl that got hit was laying flat on the ground, wasn't moving. They were loading her up into the ambulance though. The car that hit her was a woman driver in a 2000 (i think) Camry.

I hope she does alright.

 

[Fausto]

Any idea who was at fault? Just curious.

 

[deerslayer]

:Q That's horrible!

 

[MegaloManiaK]

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

 

[Fausto]

Originally posted by: MegaloManiaK

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

Not if the ped was jaywalking. People get hit all the damn time here in town and the driver isn't usually given a ticket unless they fled the scene. You can't be held responsible if some yoyo suddenly jumps out in front of you.

 

[notfred]

Originally posted by: Fausto1

Originally posted by: MegaloManiaK

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

Not if the ped was jaywalking. People get hit all the damn time here in town and the driver isn't usually given a ticket unless they fled the scene. You can't be held responsible if some yoyo suddenly jumps out in front of you.

In California the pedestrian ALWAYS has the right-of-way.

 

[Kenny]

No idea who's fault it was. The only thing I know is that the girl was laying in the crosswalk. I was trying to check it out as long as I could, but since I wasn't a witness the police officers asked me and my roommate to leave.

 

[Fausto]

Originally posted by: notfred

Originally posted by: Fausto1

Originally posted by: MegaloManiaK

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

Not if the ped was jaywalking. People get hit all the damn time here in town and the driver isn't usually given a ticket unless they fled the scene. You can't be held responsible if some yoyo suddenly jumps out in front of you.

In California the pedestrian ALWAYS has the right-of-way.

So if you charge out into a four-lane highway and get hit, the driver gets a ticket? WTF kind of logic is that?

 

[notfred]

Originally posted by: Fausto1

Originally posted by: notfred

Originally posted by: Fausto1

Originally posted by: MegaloManiaK

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

Not if the ped was jaywalking. People get hit all the damn time here in town and the driver isn't usually given a ticket unless they fled the scene. You can't be held responsible if some yoyo suddenly jumps out in front of you.

In California the pedestrian ALWAYS has the right-of-way.

So if you charge out into a four-lane highway and get hit, the driver gets a ticket? WTF kind of logic is that?

I don't know what they do in the case of suicide attempts like your example, but the point of the law is that just because someone is jaywalking doesn't mean you're allowed to run them over. If they jump off the sidewalk in front of a moving car I don't know how it's handled, but I really don't think that situation comes up very often.

 

[Thegonagle]

Originally posted by: MegaloManiaK

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

Was the ped in the crosswalk legally? I believe that at un-controlled intersections, stop signs, and obviously when the "walk" light is lit, the pedestrian definitely has the right-of-way, but I think laws vary all over the country as to whether or not the driver would be issued a citation if the pedestrian is not at a crosswalk, or is attempting to cross against the signal.

Insurance companies see it differently, of course, because they need to pay out the medical bills regardless, and will probably see you as a greater risk for the next few years.

 

[imported_Papi]

pedestrian only have the right of way if it's your light.

If you jaywalk and get hit, it's your own fault. If you walk between cars it's your fault. I you cross when it is not your turn, it's your fault.

 

[MegaloManiaK]

Originally posted by: yayo
pedestrian only have the right of way if it's your light.

If you jaywalk and get hit, it's your own fault. If you walk between cars it's your fault. I you cross when it is not your turn, it's your fault.

As mentioned above, the law in most places doesn't agree.

I would say the point is that when you are driving you should be alert enough to not hit someone crossing the street. Few people are going to try and get hit by a car so as a driver its your responsibility to watch out for some idiot not paying attention.

Rear-ending people here is automaticaly the fault of the person doing the hit because they are responsible for being at a safe distance, even if the person in front slammed on thier brakes for a squirrel or something.

Of course if its malicious im sure things get more complicated.

just my .0002 cents.

 

[Garet Jax]

Originally posted by: MegaloManiaK
for being at a safe distance, even if the person in front slammed on thier brakes for a squirrel or something.

Of course if its malicious im sure things get more complicated.

just my .0002 cents.

I'm not sure they do. There are a lot of cases where a car swerves in front of another and then jams their brakes on. The hitting car is still held liable since they hit from behind.

 

[InverseOfNeo]

Originally posted by: notfred

Originally posted by: Fausto1

Originally posted by: notfred

Originally posted by: Fausto1

Originally posted by: MegaloManiaK

Originally posted by: Fausto1
Any idea who was at fault? Just curious.

Isn't the responsibility on the driver by default?

Not if the ped was jaywalking. People get hit all the damn time here in town and the driver isn't usually given a ticket unless they fled the scene. You can't be held responsible if some yoyo suddenly jumps out in front of you.

In California the pedestrian ALWAYS has the right-of-way.

So if you charge out into a four-lane highway and get hit, the driver gets a ticket? WTF kind of logic is that?

I don't know what they do in the case of suicide attempts like your example, but the point of the law is that just because someone is jaywalking doesn't mean you're allowed to run them over. If they jump off the sidewalk in front of a moving car I don't know how it's handled, but I really don't think that situation comes up very often.

If the ped walks into the street when it is not safe, I dont think it woudl be the drivers fault because it wasnt safe crossing conditions for the pedestrian in the first place. ON the other hand if the conditions were safe and you mow down the pedestrian, its the drivers fault. I am not sure if the law is as clean cut as that but I know that the driver is not always responsible and I know that the crossing conditions have to be safe in order for it not to be the pedestrians fault.

Heres where it gets really tricky....person is driving drunk, hits a pedestrian and drives home with pedestrian through windshield. Obviously the driver is at fault. But the pedestrian had a suicide note in his pocket. It would be the pedestrians fault IF the driver had not driven home. So the fault goes back on to the driver. Saw this on Law and Order or one of those shows.