If someone runs out into the road in the dark...?

Question

wearing all dark clothes and not paying attention to the cars, and you accidentally hit them. who gets in trouble? the kid? or you?

Answer 1

Someone in my area hit a man wearing all black with no reflectors in the midddle of the night. the police didn't charge the driver because the man was stupid enough to come out at night in all black!

Answer 2

It depends on the kid's age.  You should alway look out for children, but adults have some responsibility for their actions.

Answer 3

Neither the kid nor the driver get into trouble in this scenario.

(Certainly not the kid, he's probably in the hospital or dead.)

The laws of nature and physics are going to supersede the laws of man here. Human eyes can only be so good, and no law can require them to be better.  A driver can't be expected to see something at night that has rendered itself invisible for all practical purposes. And cars can only stop so fast at any given speed. Whether the car is traveling at 60 mph on the highway or 25 mph through a residential area, if a person moves in front of a car and there isn't enough distance between them for that car to come to a full stop, that person is going to be hit. Even if the car was creeping through a residential neighborhood at 10 mph, it's a large moving object, and it is going to hurt the person who jumps in front of it.

The pedestrian right-of-way does not equate to pedestrian right-to-be-reckless. I doubt the kids' parents would even win a civil judgment under the circumstances you describe.

Answer 4

A driver is supposed to go slow enough to hande any incident like this.  For instance, if a black bear is in the road, it is the driver's fault.  Pedestrians always have right of way.

In the case of a jury trial, in the scenario you stated, I think a jury would probably award civil damages, however, probably not any severe criminal charges.

Answer 5

the driver but also the kid i believe. Up to the police.  

Answer 6

no one...if you didnt see them its not ur fault, if they were being stupid on purpouse then its their fault. either way you wouldnt be blaimed