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re: Stallworth to be charged with DUI Manslaughter

Posted on 4/1/09 at 4:04 pm to
Posted by bomber77
Member since Aug 2008
14783 posts
Posted on 4/1/09 at 4:04 pm to
quote:

Stallworth may be saved some by the fact the pedestrian was not in a crosswalk. There is obviously no excuse for Stallworth to be driving drunk, but my understanding is that if a pedestrian jaywalks and gets hit (in the absence of a drunk driver) the pedestrian is at fault.

Obviously Stallworth will be punished heavily (and should be), but I wonder if the pedestrian is partially at fault and that takes some of the blame off Stallworth


So basically if someone is not using the crosswalk, he is open game?
Posted by lsumatt
Austin
Member since Feb 2005
12812 posts
Posted on 4/1/09 at 4:11 pm to
quote:

So basically if someone is not using the crosswalk, he is open game?


I am not postitive, but I am pretty sure that if you aren't speeding or breaking any traffic violations and you accidentally hit a pedestrian jay walking, they are 100% at fault. In fact, I believe you can sue them for damage done to your car.

Now you can't intentionally hit them, so no they aren't "open game"
This post was edited on 4/1/09 at 4:20 pm
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