# Who would be at fault here, driver or pedestrian? (Pedestrian hit by vehicle) **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 12, 2024, 9:25am UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095 "2024-07-12T09:25:00Z")\ **Posts on this page:** 20\ **Page:** 10
**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\ **Post date:** [August 3, 2024, 3:15pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/181 "2024-08-03T15:15:33Z")
> [@Dewey\_Finn](#): > > I just don’t find the driver’s action unreasonable. Green light? I have the right to proceed. Was this a whoosh? ---
**Author:** ![beowulff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beowulff/32/542_2.png) [@beowulff](https://boards.straightdope.com/u/beowulff)\ **Post date:** [August 3, 2024, 3:55pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/182 "2024-08-03T15:55:09Z")
[![](https://img.youtube.com/vi/g3WtvzmKCQQ/maxresdefault.jpg "Starman (3/8) Movie CLIP - Yellow Light, Go Very Fast (1984) HD") ](https://www.youtube.com/watch?v=g3WtvzmKCQQ&t=57/) ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [August 3, 2024, 5:44pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/183 "2024-08-03T17:44:04Z")
> [@griffin1977](#): > > > [@Dewey\_Finn](#): > > > > On the other hand, the pedestrian should not be allowed to walk around if they are ignoring red walk signals > > Actually yes they definitely should. We should have very strict controls on who is piloting tons of metal at deadly speeds. We should not be having arbitrary rules about who is placed on permanent house arrest unless they have been convicted of a serious crime Damn right. Children, drunks, and reckless idiots have a right to be on the streets. Sure, try to impress them with the rules, maybe fine them if you catch them messing up, but you know those people will be out there. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 3, 2024, 6:10pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/184 "2024-08-03T18:10:36Z")
> [@Dewey\_Finn](#): > > the pedestrian should not be allowed to walk around if they are ignoring red walk signals. Unless the pedestrian is blind and thinks they are safely crossing at a crosswalk, and can recognize a stopped vehicle to their left. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [August 3, 2024, 6:35pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/185 "2024-08-03T18:35:20Z")
Pretty sure the pedestrian in the OP wasn’t blind, at least not prior to the accident. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [August 3, 2024, 6:46pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/186 "2024-08-03T18:46:29Z")
And the driver knew that how? ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [August 3, 2024, 6:48pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/187 "2024-08-03T18:48:31Z")
One should always be cautious for a blind pedestrian running out into the street. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [August 3, 2024, 6:53pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/188 "2024-08-03T18:53:29Z")
Well, defensive driving, as it was taught to me, emphasized that one should assume people may do stupid shit. “I have the right of way and have someplace to be” is not paramount. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [August 3, 2024, 7:09pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/189 "2024-08-03T19:09:02Z")
But there _is_ a reasonable upper limit to the assumption of how much stupid shit people will do. We can certainly debate where that limit is. But upthread we had some extremist(s) suggesting that exceeding 10mph was _per se_ reckless behavior on any / all surface streets since a pedestrian _could_ leap out from behind anything at any time for any reason or no reason and all car drivers were legally obligated to never strike a ped no matter what. That’s IMO too far. ---
**Author:** ![Bullitt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bullitt/32/5725_2.png) [@Bullitt](https://boards.straightdope.com/u/Bullitt)\ **Post date:** [August 3, 2024, 11:15pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/190 "2024-08-03T23:15:51Z")
Definitely too far. ---
**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\ **Post date:** [August 4, 2024, 1:33am UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/191 "2024-08-04T01:33:44Z")
> [@LSLGuy](#): > > But there _is_ a reasonable upper limit to the assumption of how much stupid shit people will do. We can certainly debate where that limit is. Yeah, it gets complicated. Several years ago I was pulling up to [this intersection](https://maps.app.goo.gl/8Uq7cehaaTaNehf1A) with a steady green late at night. A tiny, elderly lady was jaywalking across all four lanes at the near corner across from Club Mallard there. NOT the crosswalk farther down on the side where there was a light. Partially because there is no streetlight on that near side, it is poorly illuminated at night and this woman was small (maybe 5’), dressed like a ninja and moving slow. I was in the left lane and almost certainly had better night vision then than I do now. I just barely glimpsed something that looked like a moving shadow up ahead and started lightly feathering my brakes, not sure what it was. When I actually got to the corner I just barely managed to stop before hitting her, only because I had already started slowing a little. Not withstanding that I missed her by maybe 5 ft, she kept blithely strolling along at the same pace and the young lady in the SUV in the right lane, coming from maybe a car length behind me, didn’t miss her. She did see her at the last second, slammed on her brakes and managed to just tap her. But little old lady, tap from an SUV - old lady hit the ground. The cops took my statement and my opinion was frankly I don’t see how the other driver could have reasonably avoided her. It is highly likely she didn’t notice me slightly slowing down and didn’t have enough time to react when I screeched to a halt as the old lady emerged from in front of my car. She was very, very upset (I imagine the old lady was as well), but under the circumstance I just couldn’t cast much if any blame on her. it was just one of those shitty situations. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 4, 2024, 1:37am UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/192 "2024-08-04T01:37:53Z")
My gf and I share driving when we go out. I’m a very defensive driver and will slow down when situations happen that I feel require caution. She often asks me what I’m doing, and I’ll explain. She will admit she never really noticed what I saw. Deep down she considers me the better driver. ---
**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\ **Post date:** [August 4, 2024, 1:50am UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/193 "2024-08-04T01:50:46Z")
> [@kayaker](#): > > Deep down she considers me the better driver. How very droll. ---
**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\ **Post date:** [August 4, 2024, 9:41pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/194 "2024-08-04T21:41:06Z")
> [@](#): > > I just don’t find the driver’s action unreasonable. Green light? I have the right to proceed. According to the California DMV, if an intersection is uncontrolled - - “If your view is blocked, move slowly forward until you can see. The speed limit for a blind intersection is 15 mph.” I doubt there’s a regulation specifically covering the situation in the OP. But I think slowing until you can see is a good idea. ---
**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\ **Post date:** [August 4, 2024, 9:44pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/195 "2024-08-04T21:44:25Z")
> [@LSLGuy](#): > > But upthread we had some extremist(s) suggesting that exceeding 10mph was _per se_ reckless behavior on any / all surface streets since a pedestrian _could_ leap out from behind anything at any time for any reason or no reason and all car drivers were legally obligated to never strike a ped no matter what. Can you point out the post where someone has said this? ---
**Author:** ![The\_Librarian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_librarian/32/402_2.png) [@The\_Librarian](https://boards.straightdope.com/u/The_Librarian)\ **Post date:** [August 5, 2024, 3:49pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/196 "2024-08-05T15:49:47Z")
> [@Mighty\_Mouse](#): > > Can you point out the post where someone has said this I’m happy to take that position, even if I formulated it differently. Drivers have dangerous “hunting” or “racing” instincts. We all (including myself) feel we are “winning” something if we overtake someone. This instinct must be checked by good infrastructure and good rules. When you allow the carbrains (the mindset everybody, including me, has when driving) you get hideous traffic casualty numbers. We must, collectively, as a society understand those instincts and educate and plan to reduce their harm. 10mph in urban zones sounds perfectly reasonable as part of that planning. The time lost will be easily offset by lives saved. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [August 5, 2024, 4:29pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/197 "2024-08-05T16:29:57Z")
> [@griffin1977](#): > > The fact there was a truck stopped at a crossing in the middle of the block obviously means there is a pedestrian in front of them (at a junction it may mean the truck is turning but not at a crossing without a junction) no, it most certainly does **not** mean the truck was _obviously_ stopped for a pedestrian. The only place I’ve ever seen midblock crosswalks is in the downtown of a city, places that frequently have lots of retail on the first floor. IOW, lots of places for a truck to stop, maybe double parked to make a delivery. > [@Dewey\_Finn](#): > > And that yellow lights mean punch it. Hey, we’re in the middle of the Olympics; everyone knows you don’t want to settle for silver or bronze; you want to “Go for the Gold!” ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [August 5, 2024, 4:34pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/198 "2024-08-05T16:34:10Z")
> [@The\_Librarian](#): > > When you allow the carbrains (the mindset everybody, including me, has when driving) you get hideous traffic casualty numbers. There’s even a Disney short: > **[Motor Mania](https://en.wikipedia.org/wiki/Motor_Mania)** > > Motor Mania is a cartoon released by Walt Disney Productions on June 30, 1950. In this short, Goofy is a Mr. Hyde-type split personality, who gets behind the wheel and shows the dangers of not driving safely. > The cartoon shows how the character, as the pleasant, friendly, and good-natured "Mr. Walker" who "wouldn't hurt a fly nor step on an ant", undergoes a Jekyll-and-Hyde-like change in personality to the violent "Mr. Wheeler, motorist" when he gets behind the wheel of his yellow car. As Mr. ... ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [August 5, 2024, 4:41pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/199 "2024-08-05T16:41:44Z")
> [@Spiderman](#): > > of places for a truck to stop, maybe double parked to make a delivery I mean that might be the explanation (though would almost certainly mean it was illegally parked as every pedestrian crossing I’ve seen has a no waiting zone either side). Hell maybe the explanation is the rapture has happened and the truck driver has been called up to heaven. But either of these explanations is far less likely than the obvious one, that they are stopped at a pedestrian crossing because there is a pedestrian in front of them. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [August 5, 2024, 4:45pm UTC](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095/200 "2024-08-05T16:45:16Z")
> [@griffin1977](#): > > (though would almost certainly mean it was illegally parked as every pedestrian crossing I’ve seen has a no waiting zone either side) OMG, a truck parked illegally! It cannot be! As a driver in the NY area, the probability of an illegally parked truck is about a million times higher than the probability that a pedestrian is going to burst from their hiding place against the light. [Previous page](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095.md?page=9) [Next page](https://boards.straightdope.com/t/who-would-be-at-fault-here-driver-or-pedestrian-pedestrian-hit-by-vehicle/1004095.md?page=11)