Was that an arm or a leg?

[Papa_Complex]

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.

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.