Who is at fault when a pedestrian gets hit?
I was driving out of my apartment complex this morning when an old lady walked in front of my car in the dark and I did not see her in time to brake. The lady admitted to police that she did not see my car and walked out. Would I be at fault? Or would she?
Update: This was in my apartment driveway. i was not by the road. I was also only going 5mph.
- sirjester099Lv 62 months ago
If this occurred on private property the rules might be different
- zipperLv 62 months ago
YOU ARE AT FAULT FOOL: YOUR SUPPOSE TO CHECK TO SEE IF THE STREET IS CLEAR OR NOT> IF YOU HAD DONE THAT YOU Would of saw hER IN TIME: FOOL!
- car253Lv 72 months ago
The driver is at fault 99% of the time. You are expected to watch out for pedistrians. And, you always have to pull out slowly out of driveways expecially when it is dark and you can not see in front of you.
Always get a dash cam so you can prove who is at fault.
- 2 months ago
do you have a video tape of it to prove anything
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- MayLv 52 months ago
Y O U Would be at fault. Pedestrians always have the right of way
- oklatomLv 72 months ago
Chances are you will be considered at fault. If it was dark you lights should have been on to see her.
- PLv 72 months ago
It gets complicated, since it depends where the pedestrian was walking and if you should have been able to see her, and they also judge your effort to avoid hitting her. In a nutshell if the officer did not write you a ticket you are technically not at fault in a literal sense, but you would be responsible for any damage you have for your car and any actual medical expenses she has assuming she pursues it. The fact she admitted responsibility to the officer is a huge deal, since you would probably be in big trouble if she did not.
- Bee V2Lv 62 months ago
Unfortunately, it's usually always the driver who is at fault, because cars can be used as weapons, and you're always supposed to yield to pedestrians, even if they're in the wrong
- JetDocLv 72 months ago
If she was in a marked crosswalk, then YOU are responsible. If she just stepped out from in between some parked cars, then it's HER fault.
- 2 months ago
The driver as he is the one in control of the deadly instrument.