Does a pedestrian have a duty to try to get out of the way of a car?

Question

I was working Security and tried to stop a car going the wrong way. They refused to stop and I refused to get out of the way in trying to stop them before they caused a head-on collision. I guess the closest legal principle that could be applied here is whether a pedestrian has an obligation to get out of the road when a driver refuses to stop when they have plenty of time to do so. Could charges be pressed against the driver for hitting me? Could he be sued for hitting me?

Answer 1

Every party involved in an accident had the responsibility to take whatever appropriate action they could to prevent or mitigate the accident.  So, if you could have gotten out of the way, but you chose not to, you become partially liable for the event.

Answer 2

You have a duty to remove yourself from a life threating situation. You just can't claim it was the driver's fault if you watching him coming at you & refused to move. He could sue you also. There are some smart lawyers out there who could claim something like you were impeding his view of a do not enter sign or something like that.  Or did you think of that.

You need to explain the whole situation. Were you on public or private property and some other details. Just because you are a security guard does not give you the same authority as a police office. You are just a civilian.

Try not to get in the way of moving items that weigh 20 times your weight X the speed.

Answer 3

This is America, you can sue and be sued for anything.  I would think that anyone with a brain, would be smart enough to avoid serious physical injury or even loss of life.  If you see a car coming straight at you, then personally, I would definitely be moving my feet to get away.

This was an on-the-job injury.  Your employer should be paying your doctors bills and you should be covered by workman's comp.  The issue of the other driver should be turned over to your lawyer.

Answer 4

You were doing your job but at the same time you need to protect yourself and move because many drivers dont understand the rules of the road and yes I would fine a police report as well as fining charges against the driver.

Answer 5

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SUE! SUE! SUE!

It's the American dream!!

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Answer 6

The answer to your first question is, "if he wants to live a bit longer, then yes he has a duty to himself to get the H3ll out of the car's path". Could charges be pressed if he hits you? Absolutely. Could he be sued by you? Yes, if you're still alive, if not then by your surviving next of kin. The real principle which applies here is, "discretion is the better part of valor". It really isn't smart to stand in front of a driver going the wrong way. He/she is probably drunk and most likely doesn't have the sense to pour urine out of a boot with the directions stamped into the heel.

Answer 7

OFCOURSE you could sue him for hiting you.

Answer 8

You may have been right, but if they had hit you, you probably would have been dead right!!!  

I would think that self-preservation would kick in, before duty took over.  If you get hit by the car, they are still going to be going the wrong way and have a potential head-on... either way, you do what you can and then survive.

Yes.... your family could sue... and your medical bills would be covered by workman's comp, but then what???  No amount of money can replace a lost limb or the pain and suffering you will go through if you survive it....  Trust me.... it's not worth the risk...

Do what you can do to prevent an incident like you describe, but you can't be responsible for someone elses stupidity, nor can you prevent the outcome if you are laying injured or worse in the road.  Don't try to be "ten foot tall and bullet-proof"... you aren't....

Good luck and practice at running... real fast!!  :-}

Answer 9

If your working when you get hit, its a workers comp claim - let your employer handle the legal aspect of why you were hurt - that is why they pay the high rates for workers compensation.  I also think that if your working security, that means you are not a pedestrian, but I could be wrong about that.  IF and I say IF you were doing what was expected of you, you should be covered and let your employer iron out the details themselves.

Answer 10

To h**l with the legal aspect; the driver is surrounded in metal so it is his moral obligation to watch out for pedestrians, because the pedestrian wouldn't even necessarily put a dent in the car. If, as you say, the driver had plenty of time to stop then the blame rests entirely on the driver because he made the choice not to stop.