Hit a pedestrian last night

DylanII

Last night I was driving through the City Centre and a person ran out onto the road. I seen him, but he stopped in the other lane. Then just as I got close to him he started running again.

I hit my breaks and he tried to stop but but he hit my mirror/side of the car. It sounded like he hit it pretty hard. He didnt fall to the ground, instead he ran around the the drivers window, he was clearly drunk but he apologised to me and said it was his fault and then ran off.

Legally would this be my fault?

FortyMedals

DylanII wrote: »

Last night I was driving through the City Centre and a person ran out onto the road. I seen him, but he stopped in the other lane. Then just as I got close to him he started running again.

I hit my breaks and he tried to stop but but he hit my mirror/side of the car. It sounded like he hit it pretty hard. He didnt fall to the ground, instead he ran around the the drivers window, he was clearly drunk but he apologised to me and said it was his fault and then ran off.

Legally would this be my fault?

i dont see how you would be at fault, He ran onto the road, and you tried to stop, plus he was drinking, you're fine

biko

*not legal advice*

No, I'd say he was to blame for it. It sounds like he ran in to you and not the other way around. I suppose you slowed down?

Since this isn't a "learning" question I'll move it into main Motors.

deandean

Gardai called incidents like that a 'dart out', when a pedestrian Runs out in front of a car.

Invariably the car driver seems to be found liable if it ends up in front of the judge. there might be a reduction in damages of 10% or so due to liability on the part of the pedestrian.

ironclaw

Given that he was drunk and left the scene, both of those would be in your favour. If you are at all worried of them coming back looking for damages, I'd make a statement and try get a witness or two (If possible)

keithclancy

deandean wrote: »

Gardai called incidents like that a 'dart out', when a pedestrian Runs out in front of a car.

Invariably the car driver seems to be found liable if it ends up in front of the judge. there might be a reduction in damages of 10% or so due to liability on the part of the pedestrian.

In the OPs case it just sounds like he was pissed drunk and ran into the side of the car.

I wouldn't worry about it.

Iwannahurl

DylanII wrote: »

Last night I was driving through the City Centre and a person ran out onto the road. I seen him, but he stopped in the other lane. Then just as I got close to him he started running again.

I hit my breaks and he tried to stop but but he hit my mirror/side of the car. It sounded like he hit it pretty hard. He didnt fall to the ground, instead he ran around the the drivers window, he was clearly drunk but he apologised to me and said it was his fault and then ran off.

Legally would this be my fault?

Alcohol is a major risk factor in pedestrian road fatalities, according to the RSA: http://www.rsa.ie/RSA/Road-Safety/Campaigns/Current-road-safety-campaigns/Drunken-Pedestrians/

Incidentally, which city centre were you driving in, and what was the speed limit on the road where the pedestrian darted out?

Fred Swanson

This post has been deleted.

Oral Surgeon

DylanII wrote: »

Last night I was driving through the City Centre and a person ran out onto the road. I seen him, but he stopped in the other lane. Then just as I got close to him he started running again.

I hit my breaks and he tried to stop but but he hit my mirror/side of the car. It sounded like he hit it pretty hard. He didnt fall to the ground, instead he ran around the the drivers window, he was clearly drunk but he apologised to me and said it was his fault and then ran off.

Legally would this be my fault?

Sounds like a pedestrian did a hit and run on you....! Report him!!

ION08

Sounds more like the pedestrian hit you!

Who cares, the drunk probably forgot about it by now anyway.

pickarooney

Even if he was in the other lane you were supposed to come to a complete stop until the idiot was safely off the road. You'll most likely not hear anything back but, if I understood you right, there was a bit of negligence on your part.

Shady Tady

You should report it to the local garda station ASAP for record purposes. He could decide to report it today as a hit and run by you when he wakes up with a sore spot. Cover your ass just in case, someone else may have seen it and taken your number.

Liam McPoyle

I'd ring your insurer today too. Tell them it's for notification purposes only, just in case and like the poster above said, notify the local guards too, I've seen it more than once where people do a runner, say they are ok etc then the next day in the sober light of day they are thinking of a handy payout and try to log a claim or accident report.

fatherted1969

Only my opinion but there's only one insured person in all this and that's the driver of the car. As unfair as it seems if the pedestrian had stayed at the scene and called the guards i couldn't see a scenario where it wouldn't cost you.

All very unfair of course but some people wouldn't have any problem claiming. The insurance company may not want to take the chance of contesting a small claim through the courts.

Count yourself lucky that this person didn't drop to the floor. Imo no solicitor would turn down the scenario you describe in case they would lose.

Del2005

keithclancy wrote: »

In the OPs case it just sounds like he was pissed drunk and ran into the side of the car.

I wouldn't worry about it.

I know 2 people who successfully sued motorists after running drunk from behind parked cars. Unfortunately our legal system nearly always blames the motorist.

Fred Swanson

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fatherted1969

Fred Swanson wrote: »

It wouldn't be a small claim.

I wonder at what amount of money the insurance company's settle after taking into account their legal costs and just decide to pay out.

Tenzor07

DylanII wrote: »

Legally would this be my fault?

Yes, legally it is. However, it would be a civil liability case which your insurance company would deal with.

Others have stated that you should ring the Gards and/or your insurance company, however, did the pedestrian stop and request your details? Did he stop long enough for you to request his name/address?
And do you have any of the names and contact numbers for any witnesses who may have stopped at the time?

exador

It happened to me where I knocked down a pedestrian that just appeared in front of me on a busy road. Ambulance and Guards called and I was not the better of it for a long time. I had to make a statement and was convinced that I would be charged on the basis that the Pedestrian would always have the right to make a claim ... Nothing ever happened and I heard afterwards that the Pedestrian was very drunk and had been seen minutes prior to that dodging the traffic. I was very lucky that this was witnessed by a few people that came forward.

I was lucky and I wouldn't wish it on anyone

keithclancy

Del2005 wrote: »

I know 2 people who successfully sued motorists after running drunk from behind parked cars. Unfortunately our legal system nearly always blames the motorist.

If you hit them, then I would agree.

However in my hometown in Cork a Child cycled into the side of a car from between two cars and the judge sided with the car owner.

Parents had to pay all the legal costs and for the damage.

seamus

pickarooney wrote: »

Even if he was in the other lane you were supposed to come to a complete stop until the idiot was safely off the road. You'll most likely not hear anything back but, if I understood you right, there was a bit of negligence on your part.

In an honest appraisal of the incident by a 3rd party (e.g. a court), this would be the first question asked; why you didn't stop when you saw a pedestrian enter the roadway. They would also argue that if you were unable to stop in time when the pedestrian started moving again, then you must have been travelling too quickly.

In reality, the fact that the guys was drunk and hit the side of your vehicle would be huge factors and it would come to nothing.

exador wrote: »

Nothing ever happened and I heard afterwards that the Pedestrian was very drunk and had been seen minutes prior to that dodging the traffic. I was very lucky that this was witnessed by a few people that came forward.

What can happen in these cases is that the pedestrian is formally cautioned or even charged by the Gardai for their behaviour, and in the absence of any major injuries (and the absence of any solicitors whispering in their ear), they don't even consider chasing the driver for costs.
If you were that drunk, you'd be very embarrassed about the whole incident and just want to move on. You'd need some brass neck to start chasing people to sue.