Quote:
Originally Posted by tommymac
In NY and i am assuming in most states if a car hits a pedestrian the driver is prety much automatically at fault no matter how clueless/oblivious the pedestrian is.
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I should think that it depends on the situation, just like here. Some idiot darts out between parked cars and right into the path of a car doing 30 MPH, and the driver isn't likely to be charged. In this case someone vacantly steps in front of a train that's going 70 MPH, and takes 2 miles to stop, and it isn't the engineer's fault. Even the law occasionally recognizes reality.