Hypothetical re:hitting a jaywalker

[REDBALLS]

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?

I think your swiy is head up ***** creek. Swiy admits to speeding, seeing the pedestrian and not slowing down, was charged, and will have at a fault claim. Get a lawyer, and tell swiy to keep his mouth shut.
How did the police violate swiy privacy? The injured parties in a automobile accident received a copy of the police report that list swiy details so that they can file a claim with they're (most likely swiy if pedestrian doesn't have a policy).
If they are harassing swiy direct them to
the lawyer.

 

[daught]

Wow, that really sucks reciprocity. What a clusterfuck.

 

[Macs]

I think your swiy is head up ***** creek. Swiy admits to speeding, seeing the pedestrian and not slowing down, was charged, and will have at a fault claim. Get a lawyer, and tell swiy to keep his mouth shut.
How did the police violate swiy privacy? The injured parties in a automobile accident received a copy of the police report that list swiy details so that they can file a claim with they're (most likely swiy if pedestrian doesn't have a policy).
If they are harassing swiy direct them to
the lawyer.

For what it's worth, this really wasn't me. If it was I certainly wouldn't be posting online about it and I'm the last person to incriminate myself in any way. The person involved is in his 30s and a liberal "I <3 government and the truth will prevail" types. Smart guy, not very bright when it comes to this stuff obviously.

 

[-D-]

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/

Just an odd thought, what if you sued his family for emotional distress caused by their family member's negligence in crossing the street. You have to live with the sights and sounds of killing someone. Also add the city and golf club to your law suit.
Just a thought.

 

[FiReSTaRT]

Wow, that really sucks reciprocity. What a cluster****.

Yikes that's terrible... No recourse against the bloodsuckers?

 

[Sunspark]

Yeah. Sue the Golf Club for putting you in harm's way by having insufficient lighting. Sue the city for poor enforcement and poor urban planning. Add the family of lawyers if you can as a silent plaintiff. Might as well have their help.