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by verylongname
3164 days ago
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The law puts most of the burden on drivers quite intentionally, and I think properly. My general impression is that the average driver doesn't understand the law and don't appreciate the extent to which it is designed to favor pedestrians. To give one example, drivers are required to yield to pedestrians in cross walks and to pedestrians approaching crosswalks while pedestrians are only required to "exercise due care," which is a much weaker requirement. If you want to see how weak this requirement really is, look at the case law. In many cases in which the average driver thinks the pedestrian is in the wrong, the law disagrees and would place the lion's share of blame on the driver. |
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Is that actually the case? I know that the former is true, but I haven't come across a law stating that drivers are required to yield to pedestrians who are not already in a crosswalk. Does case law differ from the text of the law it refers to?
> while pedestrians are only required to "exercise due care," which is a much weaker requirement. If you want to see how weak this requirement really is, look at the case law. In many cases in which the average driver thinks the pedestrian is in the wrong, the law disagrees and would place the lion's share of blame on the driver.
I would be curious about what case law would say about a collision like this: https://www.youtube.com/watch?v=io_XBK0twtQ. Specifically, who would be found at fault/liable.