BMW
X1 / X2
forum
BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read
BIMMERPOST Universal Forums Off-Topic Discussions Board Am I liable if I hit someone jaywalking in the dark?

Post Reply
 
Thread Tools Search this Thread
      01-03-2019, 05:41 PM   #1
E92inNC
Captain
E92inNC's Avatar
1905
Rep
639
Posts

Drives: E92 335i
Join Date: Jun 2010
Location: woods by the sea

iTrader: (2)

Am I liable if I hit someone jaywalking in the dark?

So last night around 8:30PM I was cruising along a pretty dark street near my house. Three lanes a side, median and a break for turn traffic. I’m doing probably 35 in the middle lane with a car to my right one car length behind other wise no traffic. I’m passing by a hospital on the left hand side but even so the amount of street lights is pretty sparse. All of a sudden a 50s-ish dude in dark clothes appear in front of my headlights and I stomp on the brakes and am less than 5 feet from him as he panics and dashes past my car and then almost gets hit by the car next to me, who also slam on their brakes even though I’m sure they couldn’t see him.

At this point both of our cars had set off from a red light about a 1/4 mile ago and the guy has jaywalked more than half the road and has plenty of time to see us coming. More than that, we’re much easier for him to spot at night than he is for us to see.

I’m curious as to wether any liability or how much would have been to me in situations like this?
Appreciate 0
      01-03-2019, 06:03 PM   #2
UncleWede
Long Time Admirer, First Time Owner
UncleWede's Avatar
United_States
18527
Rep
9,432
Posts

Drives: G01 X3 M40i Dark Graphite
Join Date: Jun 2005
Location: Oxnard, CA

iTrader: (0)

Ask the Google automatic cars, sounds just like when that one hit that lady
Appreciate 0
      01-03-2019, 06:22 PM   #3
cmyx6go
Colonel
cmyx6go's Avatar
16943
Rep
2,092
Posts

Drives: 2022 X6///M Comp
Join Date: Aug 2015
Location: NYC

iTrader: (2)

Garage List
2019 X6 ///M  [10.00]
Drives me nuts. Pedestrians in dark clothes on dark roads. WTF? I travel one lane curvey roads in the dark morning and night. They walk in the street instead of sidewalk. Cross the street in blind curves and give me a heart attack. What happened to personal responsibility? And with their face in their fing phone.
Appreciate 5
Germanauto9849.00
Lups11831.00
fullstack336.50
      01-03-2019, 06:26 PM   #4
ItsGary
Colonel
ItsGary's Avatar
Canada
1460
Rep
2,337
Posts

Drives: 2009 E90 M3
Join Date: Oct 2017
Location: Vancouver

iTrader: (0)

You know what's even worse? When they jaywalk, and start walking towards a crosswalk/intersection where they could SAFELY cross. Sometimes I joke around about the jaywalking tickets, but I feel like if you got one, you deserved it. Especially in busy areas, main road areas. Neighbourhoods are whatever.


Personally, I feel no sympathy towards young adults/elders that jaywalk and get killed. They should have the most common sense out of everyone.
__________________
'09 ///M3 Sedan - Jerez Black/Fox Red Ext.
'09 335i Coupe - Alpine White/Black - SOLD
Appreciate 0
      01-03-2019, 06:36 PM   #5
DETRoadster
Space Force - 4 Star General
DETRoadster's Avatar
11505
Rep
3,265
Posts

Drives: M2 MG 6MT / Moto Guzzi V7
Join Date: Jul 2016
Location: Seattle

iTrader: (1)

Quote:
Originally Posted by sxyblue View Post
So last night around 8:30PM I was cruising along a pretty dark street near my house. Three lanes a side, median and a break for turn traffic. I’m doing probably 35 in the middle lane with a car to my right one car length behind other wise no traffic. I’m passing by a hospital on the left hand side but even so the amount of street lights is pretty sparse. All of a sudden a 50s-ish dude in dark clothes appear in front of my headlights and I stomp on the brakes and am less than 5 feet from him as he panics and dashes past my car and then almost gets hit by the car next to me, who also slam on their brakes even though I’m sure they couldn’t see him.

At this point both of our cars had set off from a red light about a 1/4 mile ago and the guy has jaywalked more than half the road and has plenty of time to see us coming. More than that, we’re much easier for him to spot at night than he is for us to see.

I’m curious as to wether any liability or how much would have been to me in situations like this?
I'm no lawyer but I'd hazard to guess that if you had not spotted him in time and ended up hitting him, you would NOT be found liable given the circumstances with him J walking, wearing dark clothes, at night, etc. You were not speeding I'm assuming. If you were doing 35 in a 20, well, you could be found partially liable I'd think. Also, if you had hit him and did the rigth thing and stopped immediately, called 911, made an effort to help him, etc. I'd think you'd be fine.
Appreciate 0
      01-03-2019, 06:41 PM   #6
ItsGary
Colonel
ItsGary's Avatar
Canada
1460
Rep
2,337
Posts

Drives: 2009 E90 M3
Join Date: Oct 2017
Location: Vancouver

iTrader: (0)

Quote:
Originally Posted by DETRoadster View Post
I'm no lawyer but I'd hazard to guess that if you had not spotted him in time and ended up hitting him, you would NOT be found liable given the circumstances with him J walking, wearing dark clothes, at night, etc. You were not speeding I'm assuming. If you were doing 35 in a 20, well, you could be found partially liable I'd think. Also, if you had hit him and did the rigth thing and stopped immediately, called 911, made an effort to help him, etc. I'd think you'd be fine.
Not sure how it is in the US, but here in British Columbia, if you're 7 years old and older, you're considered mature enough to know the basics of street crossing. In this case, I'd feel like they would say 50/50, they could claim he wasn't more aware of surroundings if he had hit the guy.
__________________
'09 ///M3 Sedan - Jerez Black/Fox Red Ext.
'09 335i Coupe - Alpine White/Black - SOLD
Appreciate 0
      01-03-2019, 06:47 PM   #7
Grumpy Old Man
Lieutenant Colonel
Grumpy Old Man's Avatar
Canada
6470
Rep
1,966
Posts

Drives: Porsche 993, 2015 MB GLK
Join Date: Sep 2018
Location: Niagara on the Lake

iTrader: (0)

Like adult diapers.....Depends. Lots of factors, you may not be charged criminally or with some kind of moving violation but there are always lawyers who will happily litigate.
Appreciate 1
      01-03-2019, 07:09 PM   #8
dreamingat30fps
Colonel
United_States
5997
Rep
2,039
Posts

Drives: Miata, Cayenne, Model 3, F350
Join Date: Jan 2010
Location: South Florida & NC

iTrader: (1)

Question is were you blind folded and using your parking sensor for guidance?
Appreciate 6
UncleWede18527.00
King Rudi13077.00
Wolf 3352571.50
Mingwan1890.50
pz6193340.00
      01-03-2019, 07:46 PM   #9
Z K
Major General
Z K's Avatar
1913
Rep
5,526
Posts

Drives: G20 M340i, S15 Silvia Spec R
Join Date: Jul 2011
Location: San Francisco

iTrader: (3)

I have actually been in a situation like this... and I ended up hitting the pedestrian that was jay walking. She was drunk, running across the street to get to the other side. It was dark and there were no street lights at that section of the road. When she saw me, she froze in the middle of the road and I couldn't stop in time. The police came, ambulance etc. They all said it was not my fault and the police report said so as well.

But when I made the insurance claim to fix my car (the person crushed my hood, windshield and part of my roof), it was an accident and I was at fault. Apparently because the at fault party is not another vehicle, the insurance can not claim it from the other person's insurance. In any accident involving a person and your car, no matter what the police report says, they will put it as you at fault in your claim.
__________________
Auto Detailing Enthusiast!
Appreciate 3
      01-03-2019, 07:48 PM   #10
lsturbointeg
Lieutenant General
lsturbointeg's Avatar
United_States
9206
Rep
14,521
Posts

Drives: 2011 535i Jet Black
Join Date: Aug 2014
Location: Asian lost in OH

iTrader: (0)

Quote:
Originally Posted by cmyx6go View Post
Drives me nuts. Pedestrians in dark clothes on dark roads. WTF? I travel one lane curvey roads in the dark morning and night. They walk in the street instead of sidewalk. Cross the street in blind curves and give me a heart attack. What happened to personal responsibility? And with their face in their fing phone.
runners who run at 5am in the morning on a dark road with nothing but a damn flash light on their heads. literally like a pack of them...every morning running in the middle of the road causing me to have to drive on the opposite side of the road
__________________
~F90Conversion~21"3Piece Forged AvantGardeWheels~KWV1Coilovers~CQUENCE slotted/drilled rotors~GoodridgeStainlesslines~MeisterschaftQuadEx haust~Akrapovic 4"tips~VRSF DP~VRSF CP~TurboSmart BOV~K&N filter~CarbonFiberExteriorComponents~GladenAlphaCo mponents~MatchUp7BMW~Punch P300-12T~
Follow me on Instagram: lsturbointeg
Appreciate 0
      01-03-2019, 07:59 PM   #11
1MOREMOD
-
1MOREMOD's Avatar
United_States
11822
Rep
23,186
Posts

Drives: Race car->
Join Date: Mar 2009
Location: check your mirrors

iTrader: (5)

Someone close by my work tried to cross the freeway and got hit 3 times couple days ago.
Appreciate 0
      01-03-2019, 08:00 PM   #12
E92inNC
Captain
E92inNC's Avatar
1905
Rep
639
Posts

Drives: E92 335i
Join Date: Jun 2010
Location: woods by the sea

iTrader: (2)

Also, I could’ve sworn that in the first instant I saw him, he was looking ahead and at the ground before he realized what was happening and turned his head towards our cars. Another reason I’m thankful for the awesome brakes.
I’ve been jaywalking all my life and even as a kid I was smart enough to know that at night it’s all on me to avoid cars cause they’re not going to see me til they get pretty close.
Appreciate 0
      01-03-2019, 10:17 PM   #13
NickyC
Lieutenant General
NickyC's Avatar
19452
Rep
11,270
Posts

Drives: M4 CS. Former G82, x2 F82, F80
Join Date: Nov 2010
Location: Jacked out of my mind

iTrader: (23)

Even if eventually found not liable, I have to imagine your life is going to be seriously inconvenienced along with losing a substantial amount of time and money defending yourself to the ultimate conclusion.
Appreciate 0
      01-04-2019, 09:05 AM   #14
wrickem
Should be working
wrickem's Avatar
2196
Rep
3,812
Posts

Drives: What he wants to
Join Date: Mar 2006
Location: lambertville nj

iTrader: (0)

A woman I worked with got hit by a car while crossing the street in Princeton NJ. That afternoon while she was still in the hospital with a broken clavicle, the police came into her room and slapped her with a jaywalking summons.

The guy who hit her was smart enough to be proactive so he didn't set slapped with a billion dollar suit.


I'd say you'd have had a chance, but also glad you didn't hit him
__________________
______________________________________________
Currently hoarding cars - '24 840, '19 911, 07 M6 , ‘23 Bronco OBXluxsquatch, ‘24 Bronco Heritage
Appreciate 0
      01-04-2019, 09:40 AM   #15
CTinline-six
Hoonigan
CTinline-six's Avatar
United_States
6942
Rep
3,018
Posts

Drives: '09 328i, '98 Wrangler
Join Date: Dec 2016
Location: Connecticut

iTrader: (0)

Garage List
Quote:
Originally Posted by lsturbointeg View Post
runners who run at 5am in the morning on a dark road with nothing but a damn flash light on their heads. literally like a pack of them...every morning running in the middle of the road causing me to have to drive on the opposite side of the road
Be thankful they have flashlights on their heads.

There are constantly people walking in the area I live at seemingly all hours of the day. There are three older women who walk probably 5 times a day no matter how dark it is or what the weather conditions are. Always wearing dark clothing and walking three across on a blind corner.

Fucking idiots. How stupid can you be?

I've never come close to hitting a person, but have almost hit unleashed dogs running around on the street numerous times.
__________________
"Yeah, but your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should."

-Dr. Ian Malcolm, Jurassic Park
Appreciate 0
      01-04-2019, 10:00 AM   #16
Wolf 335
Brigadier General
Wolf 335's Avatar
Canada
2572
Rep
3,663
Posts

Drives: 2007 E92 335i
Join Date: Aug 2012
Location: Toronto

iTrader: (0)

Quote:
Originally Posted by dreamingat30fps View Post
Question is were you blind folded and using your parking sensor for guidance?
Maybe the guy jaywalking was doing the Bird Box challenge.
Appreciate 0
      01-05-2019, 02:20 AM   #17
eluded
2JZ-GTE
eluded's Avatar
Bulgaria
3177
Rep
4,151
Posts

Drives: 340 6MT, 50e, others
Join Date: Nov 2015
Location: Sofia

iTrader: (0)

In California. Yes. Your guilty
Appreciate 0
      01-05-2019, 11:30 AM   #18
catcher22
Captain
296
Rep
922
Posts

Drives: 2008 335xi Coupe
Join Date: May 2008
Location: Virginia

iTrader: (2)

I hate it when people wear dark clothes while walking in the early evening in the winter.

I live in a heavily pedestrian area and it's a huge problem.

Most people doing this don't even realize that drivers CANT SEE THEM.

I don't know about others, but my safety is always my top priority and always on my mind.
Appreciate 0
      01-05-2019, 05:10 PM   #19
Mingwan
Major
1891
Rep
1,340
Posts

Drives: X1 Individual custom paint
Join Date: Jan 2015
Location: Kansas

iTrader: (0)

It wouldn’t completely be your fault, but it’s possible that you could be partially at fault.

The law(s) is designed in such a way that I feel like you are at the mercy or inconveniences of other peoples’ stupidity.
Appreciate 0
      01-11-2019, 08:12 AM   #20
cmyx6go
Colonel
cmyx6go's Avatar
16943
Rep
2,092
Posts

Drives: 2022 X6///M Comp
Join Date: Aug 2015
Location: NYC

iTrader: (2)

Garage List
2019 X6 ///M  [10.00]
Just this morning.... I'm driving to work at 6:00 am, dark winding 2 lane roadway and thinking about this thread. Don't you know it, I come around a blind curve and here is some jerk taking his sweet time walking across the street with his jacket hood on, head down in his phone, never even looking for traffic. I had to nail the brakes and stopped inches from him. He never even acknowledged that I was there. Just took his freakin sweet time continuing across. I swear, I wanted to get out and slap him for giving me a heart attack. And for the record, I was not over the speed limit. It's a 30 mph road.
Appreciate 0
      01-11-2019, 01:09 PM   #21
Joekerr
Banned
7935
Rep
1,923
Posts

Drives: 2017 Audi S6
Join Date: Jan 2008
Location: Toronto, ON

iTrader: (0)

Quote:
Originally Posted by cmyx6go View Post
Just this morning.... I'm driving to work at 6:00 am, dark winding 2 lane roadway and thinking about this thread. Don't you know it, I come around a blind curve and here is some jerk taking his sweet time walking across the street with his jacket hood on, head down in his phone, never even looking for traffic. I had to nail the brakes and stopped inches from him. He never even acknowledged that I was there. Just took his freakin sweet time continuing across. I swear, I wanted to get out and slap him for giving me a heart attack. And for the record, I was not over the speed limit. It's a 30 mph road.

Do you have a dash cam?

















(because I find videos of older ladies just whaling on idiots with their purses or whatever comes to hand absolutely hilarious, and I'd have loved to see that).
Appreciate 2
cmyx6go16942.50
      01-11-2019, 01:20 PM   #22
cmyx6go
Colonel
cmyx6go's Avatar
16943
Rep
2,092
Posts

Drives: 2022 X6///M Comp
Join Date: Aug 2015
Location: NYC

iTrader: (2)

Garage List
2019 X6 ///M  [10.00]
Quote:
Originally Posted by Joekerr View Post
Do you have a dash cam?

















(because I find videos of older ladies just whaling on idiots with their purses or whatever comes to hand absolutely hilarious, and I'd have loved to see that).
LOL, I'm reading this and thinking Ruth Buzzi beating the hell out of Artie Johnson with that purse. I'm not that old. And you guys probably aren't old enough to remember what I'm talking about.
Appreciate 1
Joekerr7934.50
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 07:14 PM.




u11
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST