Driver Liability for Striking Pedestrian in Poor Visibility
Synthèse Legislator
Généré par l'IAAn appeal was lodged against a judgment confirming the liability of a driver who struck a pedestrian crossing a street outside of a marked crosswalk, where the pedestrian was in the direct path of the vehicle in poor visibility conditions due to rain, and the appellate court determined that the driver failed to maintain a speed appropriate to the hazardous conditions, thus constituting a fault under civil liability principles, leading the high court to uphold the finding of fault and subsequent liability for the resulting harm.
Regeste Legislator
Généré par l'IADriver Liability for Striking Pedestrian in Poor Visibility: An appeal was lodged against a judgment confirming the liability of a driver who struck a pedestrian crossing a street outside of a marked crosswalk, where the pedestrian was in the direct path of the vehicle in poor visibility conditions due to rain, and the appellate court determined that the driver failed to maintain a speed appropriate to the hazardous conditions, thus constituting a fault under civil liability principles, leading the high court to uphold the finding of fault and subsequent liability for the resulting harm.