Is it always the drivers fault if you hit a pedestrian

dillo2k10

Hi,
I was wondering if it is always the drivers fault if a person is hit. Say if someone just walked out in front of the car when the pedestrian light was red. Is it always the drivers fault no matter what or are there cases where it will be the pedestrians fault? (In reality it may be the pedestrians fault but legally)

Reloc8

Legally in most instances yes, there is usually considered to be fault on the part of the driver in those circumstances, absent someone literally flinging themselves (or being flung (!)) in front of you.

With that said, legally, an instance such as you describe where someone walks out from pedestrian lights which are red against them, a very high degree of contributory negligence would be assessed against the pedestrian - that means the damages assessed would be reduced on a percentage basis proportionate to the assignment of contributory negligence.

Other things that would be relevant would be speed of impact, whether the driver hit the brakes etc. etc. - those are case by case variables.

Lesson : watch pedestrians carefully and assume someone will do something stupid...much as if they were a tiny vulnerable car which was being controlled by an idiot.

edit : all of that applies in respect of civil claims for compensation. There are many instances of driver-pedestrian collisions where no criminal liability is found to lie. That arises from the differing standards of proof in civil and criminal cases.

Tigger

depends on how you define fault

even if they have just been thrown out of a nightclub (that allowed them to get drunk) for being too drunk and then they run out in front of you in front of witnesses
even if the garda say it was clear what happened and that you did every thing right


in the eyes of the courts its still your fault with regard to civil claims



or so i hear :eek: