Why is this always a driver’s fault?
Because if the driver was looking at what was ahead of them, they would see the person walking out in the street and they have a duty to avoid contact with that pedestrian.
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Even if that pedestrian is walking in the middle of the road, it doesn’t give the driver a license to strike them. Even if you blow the horn, the consequences of the pedestrian not hearing that are dire.
What happens if the pedestrian is deaf?
The driver of a vehicle has an obligation to have their vehicle under their control all the time and not come into contact with pedestrians.
Now there are circumstances that maybe the pedestrian might also be at fault. Maybe the pedestrian ran out into the street or maybe the pedestrian ran out from between two cars and the car couldn’t see it but still if the car was driving under the control of its operator, then he should have put his foot on the brake.
Is there a skid mark before the contact?
If there is none, that means he wasn’t looking because even if the pedestrian ran out, the operators should have seen it and engaged the brake. Even if there was not enough time, the driver should have been able to engage the break and that will show a jury that that driver was not watching where they were going.
Or maybe they were watching the person on the left or they were watching the person on the right or they were talking to their colleague next to them, they were reaching down to change the radio but if they were watching what was going on straight ahead, they would have seen that person at some point and taken action.
It would have been instinctive to hit the break and if they didn’t hit the break that shows they weren’t paying attention.
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