What happens if driver accidentally hits a jogger who is going against traffic but not paying attention?
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So driver was driving behind a big group of bikers that weren't in a single file while looking on the left for the post office while getting direction from someone over the phone ON SPEAKER. Out of no where a jogger emerges from the big group of bikers, running against traffic, towards the driver's car. Obviously, neither the jogger nor the driver were paying attention. Luckily the driver saw him and quickly swerved and, thank god, didn't hit the jogger. But what if the driver did hit the jogger? What happens to the driver? Does the driver have to go to jail? Is the driver completely at fault? Even though the jogger was obviously not paying attention either (jogging straight into the car).
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Answer:
The driver would be ticketed. He has the responsibility to be alert for pedestrians/joggers.
Noodles at Yahoo! Answers Visit the source
Other answers
Pedestrians have the right away pretty much all of the time.
doesn't matter, the driver has to exercise a greater duty of care. driving is a privilege and they could be charged with negligence in most circumstances.
The police investigation will determine the fault, and even if the jogger was partially responsible if the driver is partially responsible charges can be filed. Besides criminal charges the jogger or the jogger's estate can file civil charges against the driver.
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