If a pedestrian is killed crossing a busy road or highway, is the driver at fault? In the United States, drivers are required by law in most states to “exercise due care.” That means a driver is to make every possible attempt to avoid hitting a pedestrian.
Idaho State Police reported a pedestrian attempted to cross Interstate 84 from the shoulder to the median and was struck by an oncoming vehicle. The pedestrian was taken to by ground ambulance to a nearby hospital where they succumbed to their injuries. Traffic was blocked for an hour and a half while crews worked to clear the scene of the pedestrian vs. car accident.
If a Pedestrian is Killed Crossing a Busy Road
While it depends on the situation, if a pedestrian is killed while crossing a busy road in an unexpected area (or jaywalking), it is likely the driver will not face charges. However, if the pedestrian is in a designated crosswalk, the driver could face criminal charges for vehicular or negligent homicide as well as wrongful death charges from the surviving party of the pedestrian.
Unless the driver is obviously driving under the influence of drugs or alcohol, they probably would not be immediately arrested at the time of the accident. A police officer may detain the driver to obtain a blood or urine test to help determine if drugs or alcohol were involved. However, the driver may refuse and only face administrative penalties.
Is the Jaywalker or Driver at Fault by Law?
A jaywalker is anyone crossing the street outside of designated areas or crosswalks. If a jaywalker is hit while crossing the street, who is at fault? The pedestrian is partly at fault for breaking the law by jaywalking. However, the driver may also be partly at fault depending on the circumstances. The court system will use what is known as “comparative fault.”
Regardless of who is at fault, all parties are responsible to be aware of their surroundings. Avoid distracted driving or walking by putting away your cell phone and concentrating on the road.
Boise Wrongful Death Attorneys
If your loved one has been killed due to the negligence of a driver, contact the experienced Boise wrongful death attorneys of Parke Gordon Law Firm to handle your case. Our law firm will fight for every penny you deserve. Call us now for a free consultation at (208) 322-7274.
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