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    JAC53's Avatar
    JAC53 Posts: 48, Reputation: 1
    Junior Member
    		  
    #1

    Sep 14, 2013, 09:11 AM
    Auto accident, pedestrian
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Sep 14, 2013, 09:13 AM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 14, 2013, 09:14 AM
    Criminally as well as civilly, the driver may still be at fault for failure to exercise appropriate caution.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Sep 14, 2013, 09:47 AM
    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.
    JAC53's Avatar
    JAC53 Posts: 48, Reputation: 1
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    #5

    Sep 14, 2013, 10:52 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Sep 14, 2013, 11:06 AM
    Quote Originally Posted by JAC53 View Post
    ...
    What caution can the driver done? the pedestrian was using his skate board and witness saw he was at fault.
    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.
    JAC53's Avatar
    JAC53 Posts: 48, Reputation: 1
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    #7

    Sep 14, 2013, 11:17 AM
    Quote Originally Posted by AK lawyer View Post
    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.
    Thanks very much for the answers!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #8

    Sep 14, 2013, 11:22 AM
    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.
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