Of course I would never intentionally hit a person regardless of who was right or wrong, but I was turning left from a secondary street onto a main street at night and the guy walked right into my path. he realized it and got out of the way, expressed some attitude. But it was a busy intersection with lots of activity and somehow I just did not see him... not sure if he ran out. But there was no cross walk, my turn signal was on. I am upset that somehow I did not see him, but also wondering would I be at fault if I did hit him?
what happens if you hit a jaywalker?
- Thread starter nottyboi
- Start date
Your turn signal is irrelevant. When you make a turn at an intersection it's your responsibility to make sure the way is clear before you proceed. In your case he does NOT sound like a jaywalker unless there's some additional information you're leaving out--like, was he crossing against a light or something?
When there is no cross walk or lights, the pedestrian does not have any right of way do they? He was not crossing from a sidewalk but I think he stepped out of a driveway across the street which is why I think I did not see him..
regardless of who is in the wrong hitting a pedestrian is one of my greatest fears of driving. Frankly I would prefer to be killed in an accident myself then seriously hurt someone.do it & report back to us
I'd really appreciate if you really floor the accelerator
I did industrial safety for a while - they study all kinds of stuff; 2 noteworthy things
1. most pedestrians who get hit by cars were drunk
2. drunk drivers are much more likely to hit a pedestrian
1. most pedestrians who get hit by cars were drunk
2. drunk drivers are much more likely to hit a pedestrian
The driver is in control and takes most of the blame, unless there is some really clear evidence that the pedestrian was totally at fault, and there was nothing the driver could have done to avoid the pedestrian.
let me put it this way:
1. if you a driving a vehicle and hit a pedestrian, you'll take the blame.
2. If you are a pedestrian and get hit by a vehicle, you'll take the blame.
3. If you are a pedestrian and are jaywalking and get hit by a vehicle, you'll take the blame and will have to pay for the repairs of the vehicle that hit you.
no matter what, O'Toole's Corollary of Finagle's Law will always apply
1. if you a driving a vehicle and hit a pedestrian, you'll take the blame.
2. If you are a pedestrian and get hit by a vehicle, you'll take the blame.
3. If you are a pedestrian and are jaywalking and get hit by a vehicle, you'll take the blame and will have to pay for the repairs of the vehicle that hit you.
no matter what, O'Toole's Corollary of Finagle's Law will always apply
So what is the definition of jaywalking? Is crossing the street with undue care and walking right into the path of a turning vehicle considered to be jaywalking?
Here you go
Jaywalking
From Wikipedia, the free encyclopedia
For other uses, see Jaywalk (disambiguation). The examples and perspective in this article deal primarily with English-speaking territories and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page.
Jaywalking is an informal term commonly used in North America to refer to illegal or reckless pedestrian crossing of a roadway. Examples include a pedestrian crossing between intersections (outside a crosswalk, marked or unmarked) without yielding to drivers and starting to cross a crosswalk at a signalized intersection without waiting for a permissive indication to be displayed. In the United States, state statutes generally reflect the Uniform Vehicle Code in requiring drivers to yield the right of way to pedestrians at crosswalks; at other locations, crossing pedestrians are either required to yield to drivers or, under some conditions, are prohibited from crossing.
...
Something happened to me a couple of years ago. Skateboarder came out of no where and hit the side of my car as I was making a right hand turn on a green light. He went ass over tea kettle landing on the other side of the car.
Police were called and my passenger backed my story. Skateboarder was charged with failing to yield right of way.
Admittedly I was not a happy camper but thankful no one got seriously hurt.
Cop told me these are the hardest situations to determine blame.
A bit of advice. Never tell the police that you had the right of way. You'd be surprised how many ways that can be twisted.
Jaywalking
From Wikipedia, the free encyclopedia
For other uses, see Jaywalk (disambiguation). The examples and perspective in this article deal primarily with English-speaking territories and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page.
Jaywalking is an informal term commonly used in North America to refer to illegal or reckless pedestrian crossing of a roadway. Examples include a pedestrian crossing between intersections (outside a crosswalk, marked or unmarked) without yielding to drivers and starting to cross a crosswalk at a signalized intersection without waiting for a permissive indication to be displayed. In the United States, state statutes generally reflect the Uniform Vehicle Code in requiring drivers to yield the right of way to pedestrians at crosswalks; at other locations, crossing pedestrians are either required to yield to drivers or, under some conditions, are prohibited from crossing.
...
Something happened to me a couple of years ago. Skateboarder came out of no where and hit the side of my car as I was making a right hand turn on a green light. He went ass over tea kettle landing on the other side of the car.
Police were called and my passenger backed my story. Skateboarder was charged with failing to yield right of way.
Admittedly I was not a happy camper but thankful no one got seriously hurt.
Cop told me these are the hardest situations to determine blame.
A bit of advice. Never tell the police that you had the right of way. You'd be surprised how many ways that can be twisted.
First, let me say that I am personally opposed to hitting pedestrians with my car. Having said that, it really pisses me off the way some pedestrians take such a casual, alomst "fuck you" attitude when they are crossing the street. It's almost as if they think they're taking a stroll in the park. Same thing applies to idiots walking through a store parking lot as if there's no cars around!
i think it depends where you hit him.
like the skateboard situation, a friend of mine hit a jaywalker but the walker hit the side of the car. My friend wasn't charged. Still, he felt bad for injuring a person.
like the skateboard situation, a friend of mine hit a jaywalker but the walker hit the side of the car. My friend wasn't charged. Still, he felt bad for injuring a person.
I think that if you hit 'em with the grill or front bumper, it's your fault. You're responsible for knowing the way is clear. If they struck the fenders or sides, they probably ran into you while you were turning.
If you have both right wheels up on the sidewalk, well, they probably deserved it.
If you have both right wheels up on the sidewalk, well, they probably deserved it.
The uniform vehicle code does not apply in Ontario.
Anyways, from a civil perspective you are in deep shit if you hit a pedestrian for two reasons:
1) the HTA imposes a duty on the driver making a turn not to make the turn unless it can be completed in safety; and
2) the HTA makes a vehicle-pedestrian collision a reverse onus situation. That is the pedestrian does not have to prove that the driver was negligent when they struck the pedestrian, rather that negligence is assumed and the onus is then on the driver to prove they did everything possible to avoid the collision.
Anyways, from a civil perspective you are in deep shit if you hit a pedestrian for two reasons:
1) the HTA imposes a duty on the driver making a turn not to make the turn unless it can be completed in safety; and
2) the HTA makes a vehicle-pedestrian collision a reverse onus situation. That is the pedestrian does not have to prove that the driver was negligent when they struck the pedestrian, rather that negligence is assumed and the onus is then on the driver to prove they did everything possible to avoid the collision.
It's hard to imagine significant injury to the pedestrian if you were moving at walking speed and stopped at the impact. But at higher speeds (and less time from your first glimpse until impact), it's hard to imagine the pedestrian moving fast enough to get from a point where you'd safely miss them to that point of impact. Jumping from hiding aside, I'd say you weren't paying close enough attention to spot a moving danger and avoid it, at the speed you were going.
Same thing if a car comes out of a driveway and you hit it; whatever the right-of-way, you have a positive duty to drive so as to avoid collisions. You too are at fault, if it can be shown you had time and distance to avoid the collision and didn't.
"I didn't see him", is never a strong defence.
But the short answer is: You'll need a good carwash.
Same thing if a car comes out of a driveway and you hit it; whatever the right-of-way, you have a positive duty to drive so as to avoid collisions. You too are at fault, if it can be shown you had time and distance to avoid the collision and didn't.
"I didn't see him", is never a strong defence.
But the short answer is: You'll need a good carwash.
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