Whos at fault if a pedestrian jumps in front of your car/bike? | Page 2 | GTAMotorcycle.com

Whos at fault if a pedestrian jumps in front of your car/bike?

It sucks they died but ultimately their thoughtlessness damaged your stuff.

Why should I fork over the cash myself if someone else did something stupid and got themselves killed by stepping out in front of me while I'm driving down the road?

Personally, if someone walked in front of my car carelessly and I killed them, and were seen to be NOT at fault... the last thing on my mind would be to want to sue the estate to get my damages back. They paid for their mistake with their life, and I would be the harbinger of that. I wouldn't want to put the family through more crap - irrespective of fault, since really it's only "stuff".
 
Personally, if someone walked in front of my car carelessly and I killed them, and were seen to be NOT at fault... the last thing on my mind would be to want to sue the estate to get my damages back. They paid for their mistake with their life, and I would be the harbinger of that. I wouldn't want to put the family through more crap - irrespective of fault, since really it's only "stuff".

I agree but what about the student driving with minimum insurance so no coverage. They need their car for delivering pizza to stay in school etc. Some people live hand to mouth and can't afford to pony up for someone elses mistakes. To each his own.
 
I agree but what about the student driving with minimum insurance so no coverage. They need their car for delivering pizza to stay in school etc. Some people live hand to mouth and can't afford to pony up for someone elses mistakes. To each his own.

I can see both sides, but I definitely lean more towards this side of thinking.
 
From an insurance stand point if the ped. jay walks into traffic and is struck. They are at fault. We usually rely on the police to charge them for as such. You ded. is then usually waived.
 
On a similar note...what if you hit a cyclist dressed all in black with no lights at night going the wrong way down a street. Sadly I come across these clowns all the time here...and skateboarders that fly into the street, again at night.
 
On a similar note...what if you hit a cyclist dressed all in black with no lights at night going the wrong way down a street. Sadly I come across these clowns all the time here...and skateboarders that fly into the street, again at night.

If you do all the normal things and pay attention blahblahblah, you won't be charged.
 
On a similar note...what if you hit a cyclist dressed all in black with no lights at night going the wrong way down a street. Sadly I come across these clowns all the time here...and skateboarders that fly into the street, again at night.

Cyclists, in Ontario, are required to have a white light to the front and a red reflector to the rear. If a cyclist doesn't have those things and you hit him after dark, it will count against him. Also, being a cyclist doesn't absolve someone from obeying things like one way signs. They just don't seem to get that, though.

http://www.mto.gov.on.ca/english/pubs/cycling-guide/section5.0.shtml
 
Is there anything in the HTA that says cyclists must ride in the direction of traffic flow? For some reason it pisses me off when there's a couple of them coming at me when there's bike lanes on both sides of the road..not to mention they have to dart out into traffic if they pass another cyclist in the same bike lane going the "right" way. I've also seen them do this on roads without cycle lanes.
 
Is there anything in the HTA that says cyclists must ride in the direction of traffic flow? For some reason it pisses me off when there's a couple of them coming at me when there's bike lanes on both sides of the road..not to mention they have to dart out into traffic if they pass another cyclist in the same bike lane going the "right" way. I've also seen them do this on roads without cycle lanes.

They're exactly like a vehicle when on the road.
 
My boss was driving on Avenue Road, and a pedestrian dashed across the lanes of oncoming traffic and blundered into the left side of my boss' car, denting a door. My boss stopped, helped the fellow up, and flagged down a cop who chanced to arrive when needed. The pedestrian was charged with an offence, and promised to pay for the damage he had done.

In fact, he DID pay, so my boss went and testified at the hearing. Because the pedestrian had made recompense for the damage, the magistrate suspended the fine and that was that.

So, yes, the HTA applies to pedestrians ON A HIGHWAY.

Pedestrians on a sidewalk (but not subject to a red light aimed their way) or in a parking lot are SUPREME, and every motorist (save emergency vehicles) must yield to all pedestrians all the time, as with pedestrians crossing with the light, or where traffic must stop for a STOP sign, or in a crosswalk. STOP signs in a parking lot, or painted paths to suggest where pedestrians cross, all are meaningless and unenforceable. When I am walking in a parking lot, I take great care, and I generally carry something that can do expensive damage to a car or jam the spokes of a bicycle or motorcycle. On occasion, this damage indeed happens, but it ain't my fault, and I don't stop to argue.
 
When I am walking in a parking lot, I take great care, and I generally carry something that can do expensive damage to a car or jam the spokes of a bicycle or motorcycle. On occasion, this damage indeed happens, but it ain't my fault, and I don't stop to argue.

Are people permitted to run over said pedestrians when they fear for their lives due to said "something" swinging dangerously close to their heads and damaging their car?

I imagine that since the former AG got off that there could be dangerous consequences to swinging "somethings" around in a parking lot.

Would it be considered along the lines of bringing a knife to a gun fight?
 
Are people permitted to run over said pedestrians when they fear for their lives due to said "something" swinging dangerously close to their heads and damaging their car?

I imagine that since the former AG got off that there could be dangerous consequences to swinging "somethings" around in a parking lot.

Would it be considered along the lines of bringing a knife to a gun fight?

Pretty much. When you go out looking for trouble, don't be surprised when you find it.
 
Cyclists, in Ontario, are required to have a white light to the front and a red reflector to the rear. If a cyclist doesn't have those things and you hit him after dark, it will count against him. Also, being a cyclist doesn't absolve someone from obeying things like one way signs. They just don't seem to get that, though.

That's good to know. Years back, I almost pulled out of a parking lot into the path of a bicycle ... which was being ridden on the sidewalk in total darkness with no lights.
 
The baseline is that I hate to hurt people whether they are right or wrong.
 
That's good to know. Years back, I almost pulled out of a parking lot into the path of a bicycle ... which was being ridden on the sidewalk in total darkness with no lights.

And if this was in Toronto and the bike had wheels larger than 61cm, then it isn't permitted on the sidewalks. In Brampton or Mississauga, the size limit is a mere 50cm.
 
And I do. Just like I shared the road with two cyclists who were coming at me, side by side, as they rode the wrong way down a one way street. Now if only they had shared it with me.
I used to get ****** off looks from cyclists all the time down around Roncesvales. Always coming the wrong way down one way streets and then give me dirty looks when I don't want to be the one that has to get closer to the parked cars (which are prone to opening doors and pulling out without looking) so that the cyclist can pass on my left.
 

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