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 Posted: Mon May 04, 2009 2:18 am Post subject: Hit a pedestrian? |
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I am in NYC and as most people know pedestrians sometimes jay walk and cross the street where they are not supposed to.
If I was to hit a pedestrian that was jay walking and ran into the street would I be held liable?
Or is the driver always responsible to make sure that no one gets hit? |
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CrazedEpidemic
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| Posted: Mon May 04, 2009 10:18 am Post subject: |
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Okay Crazed pedestrians almost always have the right of the way. Hence, if you unfortunately hit a ped on most occasions you would be deemed at-fault. Therefore, while driving make sure that you drive carefully enough to avoid hitting other cars as well as jaywalking pedestrians.
BTW, are you into such situation or just inquiring on 'what if' basis?
~Jeremy |
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JeremyHolter
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| Posted: Mon May 04, 2009 10:34 am Post subject: |
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| Quote: | | Or is the driver always responsible to make sure that no one gets hit? |
Well, when this is the primary responsibility of the driver depending upon the situations and state laws some amount of liability can be assigned to the pedestrian as well. It would depend upon the negligence of the parties.
The state auto insurance laws would be extremely important in determining the status of the claim; like- in some states the law of ‘contributory negligence’ is practiced where if the pedestrian is found to be crossing the road illegally the ‘contributory negligence’ law would bar him from collecting any damage from the motorist. |
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kelvin
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| Posted: Mon May 04, 2009 11:32 am Post subject: |
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| Quote: | | Or is the driver always responsible to make sure that no one gets hit? |
No not always, I've handled many claims over the years, when the ped (or bike rider) was the one held at fault, and actually have successfully subrogated the vehicle damage back on the ped. It all depends on the individual circumstances of the accident.
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Lori
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| Posted: Mon May 04, 2009 8:55 pm Post subject: |
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I actually saw a case profile in which a jay walker was struck and killed. No criminal charges were filed against the driver, and he was found not at fault. However, the jay walker's family sued the driver and his insurance company chose to settle for a small sum out of court (I think it equated to funeral costs). The driver of the vehicle then sued his insurer because they chose to settle AND raised his premium, when he had been found not at fault.
Unfortunately, a lot depends on any witnesses to such an accident. If a credible witness sees a jay walker dart out in front of a vehicle, it can make all the difference in the world.
There was another case here in SC where a jay walker was charged with insurance fraud. He had been struck by three vehicles in a 2 month period and had lawsuits pending in each case. The moron not only used the same lawyer, he also filed suit in the same county for each one. Can we say red flag? |
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ChrisBantly
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| Posted: Tue May 05, 2009 1:26 am Post subject: |
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I have not hit a pedestrian. I was just wondering because at night it is very hard to see people cross the street in the dark.
So if the light is green and someone crosses the street and I cause harm to them I will most likely be held liable unless there is a credible witness?
Is this like how MOST people who rear end another car will be at fault? |
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CrazedEpidemic
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| Posted: Tue May 05, 2009 4:49 am Post subject: |
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| Quote: | | I have not hit a pedestrian. |
Nice to know that. I got bit worried 
Like the other posters have mentioned a lot would depend upon the circumstances under which the incident has occurred. As I mentioned above pedestrians are given the right of the way in most cases. Hence it better to be careful while driving. Also Chris was right, frauds happen too often to.
| Quote: | | Is this like how MOST people who rear end another car will be at fault? |
Its said with the rear ended accidents the driver who bumped into the car in front of him had the opportunity to stop on time.
~Jeremy |
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JeremyHolter
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| Posted: Tue May 05, 2009 5:00 am Post subject: |
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Time after time I have seen the situation that Chris mentioned. The driver may not be at fault but what worries carriers is the sympathy that the pedestrian may receive from a jury or from the media. As such I have normally seen some sort of settlement offered, even if just funeral costs. I’ve also seen it depend on the type of pedestrian struck and their state when struck….child, elderly, average age…drunk, up to no good, just going to school.
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Dasfuk
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| Posted: Tue May 05, 2009 5:49 am Post subject: |
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I can completely understand why its simpler to just pay the pedestrian because there really isn't pedestrian insurance and its easier to make the auto insurance companies pay out. Most likely the pedestrian will also be the one most hurt so the sympathy will sometimes win.
I will continue to make sure to be very careful. |
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CrazedEpidemic
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| Posted: Tue May 05, 2009 5:58 am Post subject: |
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Hi..
| Quote: | | It would depend upon the negligence of the parties. |
Something that's quite hard to be determined more often.
| Quote: | It all depends on the individual circumstances of the accident.
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Definitely! Even when the signal is green we should be careful while driving past sudden turnings and crossings. There's no denying the fact that the witnesses or pictures are of immense importance under such circumstances. Yet we may help reduce the damages and injuries to a large extent by staying careful. Roddick |
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roddick
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| Posted: Tue May 05, 2009 9:46 am Post subject: |
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| Quote: | | I can completely understand why its simpler to just pay the pedestrian because there really isn't pedestrian insurance |
But the pedestrian can turn to his auto insurer and get covered under the PIP coverage. However, I think one would always prefer to receive the compensation from the other's policy.
~Jeremy |
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JeremyHolter
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| Posted: Wed May 06, 2009 1:49 pm Post subject: |
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| Quote: | | Most likely the pedestrian will also be the one most hurt so the sympathy will sometimes win. |
I don't think claims are settled on grounds of sympathy. I have seen a lot of them getting settled purely on the basis of reality. I guess the traffic rules are such that the pedestrians would have the right of way in order to ensure safety and security for all citizens.
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anonymous00
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| Posted: Thu May 07, 2009 3:50 am Post subject: |
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| Quote: | | I don't think claims are settled on grounds of sympathy. |
Sympathy comes into play in many 3rd party claims when considering settlement figures. You never know what a jury will do so everything comes into play when considering settlement.
Little kid runs into the street for whatever reason and a person going the speed limit and paying attention, but doesn't see them until it is too late. Now is the driver at fault for hitting the child, no. Does that mean that the insurance company will not pay anything out. No. 12 people in a box can come up with some strange outcomes. Don't tell me they don't take into consideration that this is an innocent little kid that may never be the same (or a parent that has lost a child forever) and that the guy driving has insurance that will respond to the judgement.
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Dasfuk
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| Posted: Fri Jul 02, 2010 5:27 am Post subject: driver hitting a pedestrian |
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my daugther was hit by a driver and send to the hospital the cop did not cited the driver does anybody knows the protocolo? i ask the cop why there was no ticket and his answer was "she was a very nice lady"
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sonny montana
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| Posted: Fri Jul 02, 2010 11:02 am Post subject: |
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You just need to file a claim with the carrier that insures the lady that struck your daughter. I hope you girl is ok.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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