seems to me lots of people that get hit by cars say that they should 'watch where your walking'..i dont buy it.if ur walking and a car hits u and u are injured...one should be compnsated..what do u think?
Answer:
In California, the pedestrian, generally speaking, has the right-of-way.
Come to California to do your walks...
Yeah, the pedestrian should always have the right of way. Arguments can me made about jaywalking but I think that getting behind that wheel means that you have to be able to shoulder the responsibility of watching where you are driving.
Recovery would depend on whether or not the pedestrian were contributorily negligent or not. Typically, one sues for recovery of medical and surgical expenses, lost wages, pain and suffering, and loss of consortium.
It is a different story if one is killed, and that is beyond the scope of this question.
When pedestrians are hit, it is not a matter of them not watching where they are going. I know of instances where pedestrians are walking on a sidewalk and somebody driving a car comes up on the sidewalk and hits them with a car.
I have compassion for anybody who is hit by a car.
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