Who is at fault when a pedestrian gets hit?

I was driving out of my apartment complex this morning when an old lady walked in front of my car in the dark and I did not see her in time to brake. The lady admitted to police that she did not see my car and walked out. Would I be at fault? Or would she?

Update:

Update: This was in my apartment driveway. i was not by the road. I was also only going 5mph.

43 Answers

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  • 4 weeks ago

    If this occurred on private property the rules might be different

  • zipper
    Lv 6
    1 month ago

    YOU ARE AT FAULT FOOL: YOUR SUPPOSE TO CHECK TO SEE IF THE STREET IS CLEAR OR NOT> IF YOU HAD DONE THAT YOU Would of saw hER IN TIME: FOOL!

  • car253
    Lv 7
    1 month ago

    The driver is at fault 99% of the time. You are expected to watch out for pedistrians. And, you always have to pull out slowly out of driveways expecially when it is dark and you can not see in front of you.

    Always get a dash cam so you can prove who is at fault.

  • 1 month ago

    do you have a video tape of it to prove anything

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  • May
    Lv 5
    1 month ago

    Y O U Would be at fault. Pedestrians always have the right of way

  • 1 month ago

    Chances are you will be considered at fault. If it was dark you lights should have been on to see her.

  • P
    Lv 7
    1 month ago

    It gets complicated, since it depends where the pedestrian was walking and if you should have been able to see her, and they also judge your effort to avoid hitting her. In a nutshell if the officer did not write you a ticket you are technically not at fault in a literal sense, but you would be responsible for any damage you have for your car and any actual medical expenses she has assuming she pursues it. The fact she admitted responsibility to the officer is a huge deal, since you would probably be in big trouble if she did not. 

  • Bee V2
    Lv 5
    1 month ago

    Unfortunately, it's usually always the driver who is at fault, because cars can be used as weapons, and you're always supposed to yield to pedestrians, even if they're in the wrong

  • JetDoc
    Lv 7
    1 month ago

    If she was in a marked crosswalk, then YOU are responsible. If she just stepped out from in between some parked cars, then it's HER fault.

    • Robsteriark
      Lv 7
      1 month agoReport

      Whether she was trespassing is irrelevant. It’s your duty to look out for all hazards at all times.

  • 1 month ago

    The driver as he is the one in control of the deadly instrument.

    • Brother X1 month agoReport

      I'm not making the connection between the scenarios. It's illegal to leave a loaded firearm unattended in a public place. It's not illegal to walk around in a car park.

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