by CrazedEpidemic » Mon May 04, 2009 02:18 am
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?
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?
Posted: Wed Jul 07, 2010 05:07 am Post Subject:
If my son was hit by a driver, I would be mad as hell
See...you could be one of those people in the jury box. Now we see why insurance companies many times offer something with these types of accidents, even if their insured was not at fault.
Posted: Wed Jul 07, 2010 10:35 am Post Subject:
bingo S.D.!
Posted: Wed Jul 07, 2010 12:21 pm Post Subject:
No, it was a fatality
Oh my goodness! How sad!!See...you could be one of those people in the jury box.
I see......I wouldn't be very 'objective', would I? I would just see that a child/loved one was hit by a car.Posted: Wed Jul 07, 2010 06:35 pm Post Subject:
try it from my side...it's REALLY hard to separate your personal feelings...A LOT!
Posted: Thu Jul 21, 2011 04:01 am Post Subject: I struck a Ped Jaywalking
Hello, today 7/20/11, I was driving down a 2 lane road(2lqne going in both directions). The road also has parking on each side of the road. The parking is always completely full, and ppl Jay walk in between car constantly. I am a defensive driver for the most part(however there r times where I need to be aggressive to avoid certain non stable drivers etc. Well my question is: I was drivimg down the road in the right lane closest to the cars, when a women come popping out of no where trying to cross. Well I swerved as far left as I could which struck her on my passenger side part of car. My headlight hops and windshield were damaged pretty bad. The women tried crossing in-between 2 parked cars NOT AT THE CROSSWALK!! she wasn't to badly injured from my understanding.I spoke to the police and told them exactly what happen, that she ce out of no where in between two cars, in the middle of the road(meaning not anywhere close to the light/ crosswalk(she was prob 50+ yards away from and cross walk. 3 witnesses talked to the police. The police then came back to me and said that my story match with what the witnesses said. She got a jaywalking ticket, and I got nothing. The police said it's ok don't worry about it, relax and that it wasn't ur fault. She was crossing illegally and recklessly! He gave me a little piece of paper that said the said the case number, and that i can pick up the police report in 5 business days. He also said I submit that to my insurance and fix my damages! But if I didn't get any tickets and she did and the report states driver was not at fault how come I have to pay for the damage that was caused? Not trying sound unsympathetic or cold, because I was right there asking her if she was ok and trying to calm her down, but she was mad at me. Any adobe would be much appreciated, thank you! This happened in jersey city New Jersey.
Posted: Thu Jul 21, 2011 04:19 am Post Subject: Struck a ped jaywalking
I'm using an iPhone and the predictive text(asmany smartphone owners know cane be very inaccurate) anyway, where I say headlight, hop(should be hood) and windshield damage, and (a 2 lane road going in each direction)Also, at the end of my post adobe should be advice! So please any info would be great! I'm pretty freaked out right now and in shock. Everything happened so fast that I did all I could to swerve left as far as possible(just not enough time). She was just walking out into the road trying to cross I believe looking at her phone and not even paying attention to the traffic. I don't understand how in anyway I could be sued for this.
Posted: Thu Jul 21, 2011 04:29 am Post Subject:
But if I didn't get any tickets and she did and the report states driver was not at fault how come I have to pay for the damage that was caused?
First, see my sig.
You can feel free to collect from the lady at fault directly or see if she has some type of liability insurance (home owners, renters, etc). Her auto insurance (is she has any) won't address this.
If you upset her you can count on her getting an attorney (she probably has already since this is NJ) and pursuing a claim against you. I agree... you were not at fault. However, you can spit and hit 10 attorneys who would take the case to see what they could get. Basically an attorney would say that you should have seen this other person, you were not maintaining control of your vehicle and you were not paying attention. I'm not at all saying this is correct... it's just going to be the attorneys argument. If the attorney wants to press the issue he/she can file suit against you. Then your carrier can either spend around $4000 to defend you are a lot less to pay the claim.
Posted: Thu Jul 21, 2011 04:49 am Post Subject: Hit a ped!
I hear what u r saying but I have full coverage on my vehicle and just a 500 dollar deductible and then I get my car fixed. I feel really bad even tho I did nothing wrong. In this city ppl just walk right out infront of traffic. I can't tell u howany times I had to come to a dead stop because groups of ppl were just crossing the street wherever they please(not at the corner, crosswalk, or light. This time I had no chance to completely miss the lady. I had to leave work because i was to messed up frim this! I thought she was dead!!! My entire right side of the windshield was smashed! I cant get the imagine of seeing her at the last sec and trying my hardest to get out of the way! I totally blacked out when i saw her and swerved so far that i was in the on coming traffic, not evening knowing if a car was coming(i could have hit another vehicle head on trying to get out of the way, but luckily no one was coming in the oppisite direction) also,i just feel horrible(because i was in 2 motorcycle accidents both nit my fault and i know the pain, that I even went to the hospital to check on her but 1. The police never gave me her name, and 2. The hospital wouldn't allow me to go back or drop of the $20 gift bag and get well/sympathy card that I brought. E
Posted: Thu Jul 21, 2011 07:02 pm Post Subject:
My entire right side of the windshield was smashed!
she wasn't to badly injured from my understanding.
I even went to the hospital to check on her
I imagine the doctor's notes will tell a different story.
The hospital wouldn't allow me to go back or drop of the $20 gift bag and get well/sympathy card that I brought.
Good thing, for you. Some scheisster attorney might have used that as an admission of liability on your part.
Posted: Thu Jul 21, 2011 07:42 pm Post Subject:
Thank u for stating that! And god works in mysterious ways. I don't know what this could be. Maybe for me to be more aware of ped(even tho I was and she walked right out into oncoming traffic no where near a crosswalk and got summons and I got nothing) and maybe for her to stop looking at ur phone while crossing traffic and to always use a "Crosswalk" or corner stop sign crosswalk"! But yea like 4 or 5 ppl said not to do that because ppl can use anything in court! I said I hear u, and it wasn't my fault but I feel for her pain because I was hit by a car b4(not in crosswalk) and 2 motorcycle accidents, so I thoughts maybe it was a kind thing to do. But after talking to family and friends, and now ur comment I think it's best I just sit back and let my insurance deal with it. Thanks for advice.
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