Motorist Liability for Striking Pedestrian at Bus Stop
Synthèse Legislator
Généré par l'IAA lower court awarded damages against a motorist who struck a pedestrian waiting at a bus stop on the side of the road, but the motorist claimed this decision was flawed because the pedestrian was not at fault for waiting in that location. The highest court quashed the lower court's decision, reasoning that while the pedestrian was lawfully waiting, the motorist was obligated under traffic regulations to reduce speed and maintain a safe distance, and the failure to do so constituted a failure to take all necessary precautions to avoid the accident, thus establishing liability.
Regeste Legislator
Généré par l'IAMotorist Liability for Striking Pedestrian at Bus Stop: The highest court quashed the lower court's decision, reasoning that while the pedestrian was lawfully waiting, the motorist was obligated under traffic regulations to reduce speed and maintain a safe distance, and the failure to do so constituted a failure to take all necessary precautions to avoid the accident, thus establishing liability.