I hit a jaywalker, under these circumstances who's at fault?

by Guest » Thu Oct 03, 2013 03:53 am
Guest

I was waiting on red light in center lane, when the light turned green I started moving when suddenly I (lightly) hit a women outside the marked crosswalk. I called 911, police got our statements, the pedestrian did not have any physical injuries but was taken to the hospital.

Two weeks after I get a call from the pedestrian's attorney stating that he wants to take the case to the court.

I haven't seen the police report, but both first responders told me that it's everything clear for them, as they talked to some people around, that my light was green and that there is nothing left to investigate.

At this point I am confused what should I do?

This happened in New York City.

Total Comments: 4

Posted: Thu Oct 03, 2013 12:16 pm Post Subject:

First check the police report. That may be of some help.

Posted: Thu Oct 03, 2013 01:33 pm Post Subject:

You report the accident to the insurance company, as you should have. The address the claim and you go about your daily business.

Reason why the attorney is pursuing a claim against you is that it's difficult not to see a person walking across a road and out in front of you when you have been sitting still on the roadway. When a person is looking forward they can see about 160 degrees, giving them a wide view. Granted, I'm not saying you are 100% at fault but this is the argument that the attorney will make... you "should" have seen his client.

Posted: Thu Oct 03, 2013 03:27 pm Post Subject:

If the person was in the crosswalk, most likely you are the one that will be held at fault. They were using the right path. However, there are all little stipulations in the situation. Make sure you take note of them all, such as lights and camera on lights. Especially if the are hurt.

Posted: Thu Oct 03, 2013 03:42 pm Post Subject:

I (lightly) hit a women outside the marked crosswalk

Should have hit her much harder. Maybe that would have cured her.

However, most state motor vehicle codes indicate that, no matter how obnoxious, pedestrians always have the right of way. Doesn't matter if they fail to stop for a red light, fail to use a crosswalk, or just choose to stand in the middle of the street and interfere with traffic. Drivers are not supposed to hit them. It doesn't mean that a pedestrian cannot be cited for their failure to observe the law, but the law recognizes that auto vs. pedestrian usually results in a win for the auto.

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