What happens to the Driver and liability who hits a pedestrian that crossed in front of his vehicle and pedestrian was found at fault and ticketed?

If the pedestrian was ticketed and not the driver, then he may not have liability. Has the pedestrian put in a claim to the driver's insurance?

Criminally as well as civilly, the driver may still be at fault for failure to exercise appropriate caution.

My state the pedestrian has the right of way. Insurance company can split 60/40 80/20, etc... You have to wait for the insurance co. to determine.

No pedestrian is in Hospital at this time.

What caution can the driver done? The pedestrian was using his skate board and witness saw he was at fault.

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Originally Posted by JAC53

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What caution can the driver done? the pedestrian was using his skate board and witness saw he was at fault.

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That would be up to the driver's insurance &/or the courts to decide.

By the way, the witness cannot testify to "fault", only what the witness actually saw. And if driver is aware of a kid on a skate board, driver has the duty to exercise extra caution. If driver isn't aware of skate-boarder, but is in a residential neighborhood or area where skateboarders can be expected to hang out, driver has that duty as well.

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Originally Posted by AK lawyer

That would be up to the driver's insurance &/or the courts to decide.

By the way, the witness cannot testify to "fault", only what the witness actually saw. And if driver is aware of a kid on a skate board, driver has the duty to exercise extra caution. If driver isn't aware of skate-boarder, but is in a residential neighborhood or area where skateboarders can be expected to hang out, driver has that duty as well.

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Thanks very much for the answers!

So the pedestrian is in the hospital. Is he a minor? Has he filed a claim against your insurance carrier or threatened lawsuit? Have you contacted your carrier and explained what happened?

We don't know exactly what happened so we can't say what a court will do if it comes to that. Your insurer should represent you in any court action.