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  1. #1
    Join Date
    Aug 2015
    Posts
    8

    Default Hitting a Pedestrian While Turning Right on Red

    My question involves an injury that occurred in the state of: LA

    I had a very close call the other day, who would be at fault here in this scenario:

    It is dark outside...I am about to turn right at a red light, I have my blinker on, I stop. It's a normally busy street, but there's no car coming. I turn right at the light and as I just almost complete the turn, I hit a pedestrian crossing the road. There was no cross walk and no signs. I was not looking for someone crossing the street, I was unable to see him until the last minute because it is night time.

    This exact scenario happened to me the other day, only I was able to swerve at the last second and I barely missed the pedestrian crossing the street. So I am just curious, if I did hit him, who would be at fault.

    Would the pedestrian be at fault? Or would I have been at fault?

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,578

    Default Re: Who is at Fault in This Scenario

    Yield to pedestrians. So, it would have been your fault if you hit one.
    Don't make me quote Monty Python at you.

  3. #3
    Join Date
    Oct 2016
    Posts
    562

    Default Re: Who is at Fault in This Scenario

    Not so quick Boo.

    213. Crossing at other than crosswalks

    A. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

    B. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

    BUT

    212. Pedestrians right-of-way in crosswalks

    A. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and yield the right-of-way, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the roadway upon which the vehicle is traveling or the roadway onto which the vehicle is turning.

    B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

    C. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

    D. Subsection A of this Section shall not apply where the pedestrian is crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided.

  4. #4
    Join Date
    Mar 2013
    Posts
    14,579

    Default Re: Who is at Fault in This Scenario

    From a legal standpoint I disagree. If you and the pedestrian were both facing the red light and the pedestrian stepped in front of the car while the light was still red, the pedestrian would be at fault.

    From a practical standpoint, good luck proving that without witnesses or a dash cam video. Your word against the pedestrian = the pedestrian wins.

  5. #5
    Join Date
    Oct 2016
    Posts
    562

    Default Re: Who is at Fault in This Scenario

    Both the OP and the pedestrian were facing the same light (RED) when the movement started. The pedestrian then would be crossing against the light.

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