What happens if driver accidentally hit 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, nether 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? 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:
driver/pedestrian accident, the driver is always in the wrong
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Other answers
In most places, pedestrians have absolute right of way, even when they're being completely stupid. Not saying its right, that's just how it is. Let that be a lesson to you. You got away with a free one. Legal or not, the phone should be turned off while the motor is running. If you need to have a phone conversation, park the car and devote your full attention to the conversation. The person on the other end will appreciate it. I've come close to death any number of times thanks to halfwits yapping on the phone, asking directions, whatever, while driving. OPERATING A 2 TON WEAPON DESERVES YOUR FULL ATTENTION. As for directions, you ought to know where you're going before you turn the key. Get a map. Learn to read it. Lost? Park the car and figure it out before you kill somebody.
The problem with giving an answer is in the phrasing of your question. Your question calls the colission an "accident." All that means is that it is not intentional. You also have mixed criminal and civil contexts in one question. Fault is a civil context. Jail arises in the criminal context. The question in the criminal context will be whether the driver has violated some law. The answer is probably. There are some laws in some states that prohibit driving without due care. Failure to see a hazard like like a group on the road might constitute that crime. In the civil context, when one gets sued for damages, the issue is negligence and both parties might be negligent and all that does is apportion the damages.
It depends on what can be shown happened A bike rider must obey the rules of the road the same as a car. if they are on the road they must follow the same rules as the car driver so if they violated the rules of the road they are at fault. It would all depend on how information came out and what witnesses say Addition: Sorry for some reason I thought you said biker, A jogger must also obey the rules of the road, that is why they have the jay walking charge, they must give right away to the car when they are not authorized to be in the road IE a crosswalk or crossing on a light. But like I said it would all come down to what eye witnesses say
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