Pedestrian got side swiped when exiting a roadway. How will fault be shared between ped / driver?

Question

It was mid-December, after sunset, so it was dim, not dark dark, with streetlights. On a one-way street (3 lanes across, on-street parking on both sides) a pedestrian (not in crosswalk) exited the roadway to the left, almost reached the parked vehicles when side swiped by a vehicle.

Police summarized the collision to be ped's fault - he should've yielded to vehicle when not in crosswalk. But ped was not stepping into oncoming traffic; he crossed the street, stepping away. When he started to cross from the right, traffic was stopped on red at an intersection some distance away. This vehicle turned into this one-way street and swiped the ped (in the back) in the left lane.

The driver's insurance rejected ped's claim - driver totally not responsible for his injuries - saying ped did not use crosswalk, it was dark (though there's streetlight), ped did not wear light-color clothing (he carried a flashlight though), driver did not see ped until too late to avoid, etc.

Answer 1

The driver is at fault

Answer 2

Still even after all is said and done the pedestrian always has the right of way and its the driver that has to pay complete attention.

Answer 3

Looks like shared blame,  shared responsibility.     Each needs to learn and go on.

Answer 4

The pedestrian was negligent and paid for it unfortunately. Just because they're a pedestrian doesn't absolve them from looking before crossing the street or walking on it, LEGALLY, in the crosswalk. Once the ped was outside of that zone, they MUST watch out and yield to the cars or risk injury. Cars cannot stop on a whim even with the most careful and alert driver behind the wheel. Everyone is born with 2 eyes and is taught common sense and safety, failure to use any of them cause the above scenario and more.

Answer 5

I don't drive, but I agree that driver is responsible for this action since pedestrian has right-of-way.

In NY, drivers never yield for pedestrian around Cloisters Museum even there's sign that said, YIELD TO PEDESTRIAN, but they never slow down.

Answer 6

Usually the drivers insurance will wind up paying. There are many of liers, I mean lawyers that would be more that happy to take such a case.

Answer 7

It's a trick question. The doctor was the kid's mom.