In most states and jurisdictions the motor vehicle is At Fault if you hit a pedestrian. This is because the driver has a better chance of avoiding the collision. Now if the pedestrian darts between two vehicles or jaywalks in an area between crosswalks you will have some liability as well. The driver is responsible for looking for walking people where people are legally allowed to walk but not necessarily where they shouldn't be or where they can't see a pedestrian.
that person who hit you
You are still at fault, no matter what.
If they hit a "pedestrian" or "pedistrian" probably the one walking illegally.
You can be sued for anything, regardless of fault. Was the police called, were you cited for the accident? The burden of proof rests with the accuser, they need to show that you were at fault.
Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
Not necessarily, If evidence can be developed that the collision was intentional it could be charged as manslaughter. or even homicide. Or, if the pedestrian was at fault, there might not be any charge at all.
just remember one thing, pedestrians have the right of way in most cases, in some cities there is jay walking laws, but if you hit a pedestrian, YOU are at fault, at least here in new york.
Both of you ! The pedestrian is at fault for not obeying the traffic signals and you are at fault for not paying enough attention to what's around you while driving. A green light is not an automatic right to proceed - it's a priority signal !
File a claim with his insurance. Or sue.
You should probably stop too, in order to avoid rear ending the car in front of you, which could lurch forward and hit the pedestrian, making their injury your fault.
Always give up the "right-of-way" to the pedestrian. Pedestrians ALWAYS have the right-of-way and if you hit them under almost any circumstances it can be found to be your fault. Best to be safe, considerate and let the pedestrian cross, even if they are not in a crosswalk.
Always give up the "right-of-way" to the pedestrian. Pedestrians ALWAYS have the right-of-way and if you hit them under almost any circumstances it can be found to be your fault. Best to be safe, considerate and let the pedestrian cross, even if they are not in a crosswalk.