Hypothetical re:hitting a jaywalker | GTAMotorcycle.com

Hypothetical re:hitting a jaywalker

Macs

Macs

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Had an interesting scenario posed to me (happened to a friend of a friend).

The driver was cresting a hill on a 70km/h lit street at night, doing between 70-80km/h. As he was cresting the hill he noticed 2 jay walkers had just entered the middle (turning) lane approx 100-150m away. They both paused and he thought they were going to wait. The female jaywalker then began crossing the street very slowly as if baiting him, he swerved into the next lane (causing the driver in that lane to lock up his brakes) but clipped her with the side mirror breaking her arm.

Both drivers stopped and the boyfriend of the jaywalker began a physical confrontation in which he was put down hard by the driver.

Out of this and despite the witness statement of the second car driver, police charged the driver with Speeding 6km/h over (by his own admission), failure to yield to pedestrian and unsafe lane change (was told he was being given a break on Dangerous Driving) and arrested him/impounded his vehicle while he "investigated the assault on the other male". He then provided the jaywalkers with the driver's information and insurance information at the hospital.

The driver is in the process of suing the Regional Police dept. for violating his privacy as well as the impound/tow fees and is contesting all 3 tickets in court. The jaywalkers are suing the driver for injuries and were not cited for jaywalking. He will be launching a counter-claim against them in court for harrassment since they've shown up at his home 3 times.

Question: What do you guys think will come of it/what would you have done?
 
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You've got to be kidding me. I didn't know cracker jacks was still handing out police badges. That cop is an utter idiot. You can bet your *** if that was the cop cresting the hill they'd be getting tickets. I'm not too up on how corrupt our legal system is but with how poorly things like the hta were designed, I hope your friend of a friend gets out of that. The 6 over as dumb as it is was admitted so I can see that but the rest is bs. What police force was this?
 
In Canada, the law breaks you.
 
he's going to have a hard time defending himself when he knew there were people on the road and not slowing down, regardless if they were jaywalking.
 
vrus said:
he's going to have a hard time defending himself when he knew there were people on the road and not slowing down, regardless if they were jaywalking.
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Honestly...if that's what really happened, im almost positive he will win in court with a counter-sue against the jaywalkers and the police especially since the jaywalker started the physical assault and the driver was defending. Best of luck though
 
vrus said:
he's going to have a hard time defending himself when he knew there were people on the road and not slowing down, regardless if they were jaywalking.
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The problem with today is that regardless word. They shouldn't have been there breaking the law in the first place and none of it would have happened. Of all people the moron with the badge should have figured that out
 
It must be retard season. Between this and the "you're going too slow so I rear ended you" thread, I'm losing hope for humanity.

...on a side note, anyone wanna engineer/fabricate a crowbar mount for motorcycles that looks badass and cool for style purposes? Could also be useful as a warning stick for jaywalkers like old men do with their cane.
 
油井緋色;2061905 said:
It must be retard season. Between this and the "you're going too slow so I rear ended you" thread, I'm losing hope for humanity.

...on a side note, anyone wanna engineer/fabricate a crowbar mount for motorcycles that looks badass and cool for style purposes? Could also be useful as a warning stick for jaywalkers like old men do with their cane.
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Magnet bracket + a crow bar and attach it to the side of your bike :p
 
vrus said:
he's going to have a hard time defending himself when he knew there were people on the road and not slowing down, regardless if they were jaywalking.
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This is my line of thinking. Right or wrong he made no effort to avoid them until the situation was unavoidable. And right or wrong the legal system won't be helping him imo
 
In Ontario, regardless of WHAT condition the pedestrian is in(drunk, suicidal etc) if a vehicle strikes a pedestrian the driver is always at fault according to insurance law, regardless of what the highway traffic act sees..

ie, if you are driving along any road and someone jumps out in front of you with a suicide note strapped to them and you hit them, you are at fault

Because of this, any court proceedings will be difficult to defend against as you are immediately at fault according to insurance and legal teams use this loophole as an admission of guilt in other proceedings.

I recently went through this sort of court action after striking a pedestrian and killing them.

According to the police and highway traffic act I did nothing wrong, I was not speeding, impaired etc, however, I was dinged with an at fault claim from my insurance company, there was a liability settlement that my insurance company paid out but I was also subject to a secondary tort action brought on by the family to which my insurance company did not cover(there were lawyers in the family of the deceased)

The net result was, I lost just about everything I owned,, all the equity I had in my home and other financial assets.

you definitely want to be careful when dealing with jaywalkers, you've got a lot more to lose than you think,, insurance does not cover everything.


http://www.thespec.com/news-story/2262470-man-struck-and-killed-by-vehicle-out-front-of-golf-club/
 
^
What the ****?

...and I've been wondering why people run from accidents -_-
 
reciprocity said:
In Ontario, regardless of WHAT condition the pedestrian is in(drunk, suicidal etc) if a vehicle strikes a pedestrian the driver is always at fault according to insurance law, regardless of what the highway traffic act sees..

ie, if you are driving along any road and someone jumps out in front of you with a suicide note strapped to them and you hit them, you are at fault

Because of this, any court proceedings will be difficult to defend against as you are immediately at fault according to insurance and legal teams use this loophole as an admission of guilt in other proceedings.

I recently went through this sort of court action after striking a pedestrian and killing them.

According to the police and highway traffic act I did nothing wrong, I was not speeding, impaired etc, however, I was dinged with an at fault claim from my insurance company, there was a liability settlement that my insurance company paid out but I was also subject to a secondary tort action brought on by the family to which my insurance company did not cover(there were lawyers in the family of the deceased)

The net result was, I lost just about everything I owned,, all the equity I had in my home and other financial assets.

you definitely want to be careful when dealing with jaywalkers, you've got a lot more to lose than you think,, insurance does not cover everything.


http://www.thespec.com/news-story/2262470-man-struck-and-killed-by-vehicle-out-front-of-golf-club/
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Terrible, sorry to hear about this.

So if I am going to lose everything anyway, why have insurance? I thought insurance protected me, but obviously I was mistaken (at least in some circumstances).
 
I'm told it rarely happens, insurance companies have much deeper pockets than individuals.

I got stuck dealing with a family of lawyers that apparently knew how to work with the system, their legal action had nothing to do with liability(my insurance company handled that part) the action was for pain and suffering, to win I would have had to proven they experienced no pain and suffering as a result of the incident.

I also had a decent amount of personal wealth so it was lucrative for them to pursue the action.
 
reciprocity said:
In Ontario, regardless of WHAT condition the pedestrian is in(drunk, suicidal etc) if a vehicle strikes a pedestrian the driver is always at fault according to insurance law, regardless of what the highway traffic act sees..

ie, if you are driving along any road and someone jumps out in front of you with a suicide note strapped to them and you hit them, you are at fault

Because of this, any court proceedings will be difficult to defend against as you are immediately at fault according to insurance and legal teams use this loophole as an admission of guilt in other proceedings.

I recently went through this sort of court action after striking a pedestrian and killing them.

According to the police and highway traffic act I did nothing wrong, I was not speeding, impaired etc, however, I was dinged with an at fault claim from my insurance company, there was a liability settlement that my insurance company paid out but I was also subject to a secondary tort action brought on by the family to which my insurance company did not cover(there were lawyers in the family of the deceased)

The net result was, I lost just about everything I owned,, all the equity I had in my home and other financial assets.

you definitely want to be careful when dealing with jaywalkers, you've got a lot more to lose than you think,, insurance does not cover everything.


http://www.thespec.com/news-story/2262470-man-struck-and-killed-by-vehicle-out-front-of-golf-club/
Click to expand...

I'm really sorry to hear about this. This is everything that is wrong with our legal system here. It's used (and abused) by folk for personal gain and to escape responsibility or go after the easy target. If that family were truly looking to make things right they would have sued the golf club/city for not putting lighting in or a crosswalk.
 
Somewhat reminds me of the story I posted awhile back.

My friend saw 2 guys putting his motorcycle in the back of a pickup when he came into his underground parking lot. He went running at them, one guy ran away but my friend being a big guy and having fighting experience hit the second guy and took him down to the ground while someone else called the police. The police arrived and my friend ended up being nailed with a hefty assault charge. Since the bike wasn't technically stolen and he couldn't prove the two guys were actually going to steal the bike he ended up getting hammered with legal fees accompanied by a criminal record and being sued for pain and suffering.
 
reciprocity said:
In Ontario, regardless of WHAT condition the pedestrian is in(drunk, suicidal etc) if a vehicle strikes a pedestrian the driver is always at fault according to insurance law, regardless of what the highway traffic act sees..

ie, if you are driving along any road and someone jumps out in front of you with a suicide note strapped to them and you hit them, you are at fault

Because of this, any court proceedings will be difficult to defend against as you are immediately at fault according to insurance and legal teams use this loophole as an admission of guilt in other proceedings.

I recently went through this sort of court action after striking a pedestrian and killing them.

According to the police and highway traffic act I did nothing wrong, I was not speeding, impaired etc, however, I was dinged with an at fault claim from my insurance company, there was a liability settlement that my insurance company paid out but I was also subject to a secondary tort action brought on by the family to which my insurance company did not cover(there were lawyers in the family of the deceased)

The net result was, I lost just about everything I owned,, all the equity I had in my home and other financial assets.

you definitely want to be careful when dealing with jaywalkers, you've got a lot more to lose than you think,, insurance does not cover everything.


http://www.thespec.com/news-story/2262470-man-struck-and-killed-by-vehicle-out-front-of-golf-club/
Click to expand...

Not that I'm challenging that awful experience, but I find it unbelievable. In the sense that I can't believe it. I wouldn't believe it if it was happening to me right now. It's just absurd for an alledged justice system to have such a simplistic, hard and fast rule for any type of incident.
Then there's this: http://toronto.ctvnews.ca/siu-clears-cop-who-struck-and-killed-jaywalker-1.933522
 
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