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If somebody gets hurt or dies while trying to avoid your speeding car

Posted on 2/7/15 at 11:13 pm
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/7/15 at 11:13 pm
but you never actually hit them. What if the person who was almost struck was riding a bicycle and crossing the street at night without a light or helmet? They simply reacted to your car coming down the street and took a spill. Are you at all liable? Does it matter if you are going 10 mph over, 20 mph over, or 30 mph over the speed limit?

Will cops ticket or even arrest people for that? Will prosecutors pursue?

Inquiring minds..
This post was edited on 2/7/15 at 11:14 pm
Posted by Napoleon
Kenna
Member since Dec 2007
69047 posts
Posted on 2/7/15 at 11:16 pm to
If you directly caused their accident, then yes you are liable. If you indirectly caused the accident you are not liable.
Meaning... If a bike swerves to miss you and goes off a cliff, you're not at fault.

If you clip a bike and he goes off a cliff you are at fault.
His decision to avoid you caused his incident, not you directly.

But a lawyer could sway this either way with a trial.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/7/15 at 11:20 pm to
quote:

But a lawyer could sway this either way with a trial.



So no collision, no arrest. Interesting.. Obviously, this wouldn't save anyone from civil court.

This post was edited on 2/7/15 at 11:21 pm
Posted by lsu223
Baton Rouge
Member since Aug 2008
2133 posts
Posted on 2/7/15 at 11:30 pm to
quote:

His decision to avoid you caused his incident, not you directly.



Absolutely not. If you are driving recklessly or negligently, the fact that you didn't physically contact the victim will not relieve you of any consequences.
Posted by noonan
Nassau Bay, TX
Member since Aug 2005
36896 posts
Posted on 2/7/15 at 11:46 pm to
a-hole, I scraped my knees all up when I fell. My bike looks like shite now too.
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 2/8/15 at 12:01 am to
Who did you hit?
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/8/15 at 12:03 am to
quote:

Who did you hit?



The thread is about almost hitting somebody.
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