Driver Liability for Striking Pedestrian Outside Crosswalk

A person, while operating a motor vehicle, struck and injured another individual who was crossing a roadway outside of a designated crosswalk. The lower court found the driver liable for the resulting damages, asserting that the driver had a duty to maintain a vigilant lookout, especially given the presence of pedestrians, and that the driver failed to reduce speed sufficiently to avoid the accident, despite the pedestrian's improper positioning. The high court, in affirming the lower court's decision, reasoned that the driver's continuous obligation to ensure the safety of others on the road includes anticipating potential hazards, and that failure to adapt speed to visibility and traffic conditions to avoid striking a pedestrian constitutes a breach of this fundamental duty of care, thus justifying the finding of fault.