I live near a street that had little room for pedestrians to walk. The road is next to a hill. 20 years ago the neighborhood got together enough money to make a paved walkway next to the road. Signs were posted "No Parking At Any Time". Well as you might imagine, people park their vehicles on the walkway all the time. We also have a large amount of people that use the walkway for exercise.

My question: If a pedestrian has to walk around the illegally parked vehicle, into the roadway and a vehicle hits the pedestrian, who's at fault?

The driver of the vehicle that hit the pedestrian?

The person that parked their vehicle illegally?

The pedestrian who walked onto the roadway?

The illegally parked car is only at fault for the parking violation. The fault would either be on the pedestrian or the driver depending on the circumstances.

I agree with DT.

Trick question. If it went to jury, the city would be at fault for not enforcing the parking rules. And that would also be the best chance of gaining a monetary judgement. However, a prosecuter could argue that the driver who hit the person was partially responsible for negligent driving. The pedestrian would not likely be at fault in this situation. Somewhat of a grey area, but I would go after the city.

According to the law, the driver of the vehicle that hit the pedestrian would be at fault because the pedestrian ALWAYS has the right-of-way.

That said, if I were the pedestrian, I would sue the holy hell out of the moron who parked illegally.

"Trick question. If it went to jury, the city would be at fault for not enforcing the parking rules."

So say, for example, that a cop drove by 5 minutes earlier and ticketed all the illegally parked cars. Then the pedestrian steps out into traffic, gets hit, etc. Is the city still at fault?

No, the city cannot be sued for "not enforcing the law". They cannot stop crimes such as illegal parking, they can only deter people from committing such crimes and punish those that do.

Every user of the road system (pedestrians included) must adapt to circumstances as they arise. It is wrong that the pedestrian is kept from using the sidewalk, but no one forced him/her to step into a busy/dangerous roadway.

The neighborhood should ask the city for something like sand-filled barrels that can block the cars' ability to park on the sidewalk.

I've noticed in the news, vehicles that hit pedestrians on roads, rarely find the vehicle driver guilty, unless the pedestrian was in a crosswalk.

The only people that would win (as usual) in a suit like that would be the lawyers.

If the person hit was killed, the owner of the car could be convicted of negligent manslaughter.
And could be sued by hte family of the deceased for damages.

Bringing third parties into a case is difficult, you have to prove they should have known their actions could bring harm to someone.

Your not going to get a judgment against the city for not enforcing parking laws, And you say you put up no parking signs, if the city didnt pass an ordinance, making it a no parking area, their not going to issue tickets, actually you could be sued for putting up an illegal traffic control sign.

Well, my point was in this litigious society, almost everyone and everything CAN be sued. Doesn't mean they will win. I mispoke that "the city would be at fault" I'm just saying that in front of a jury, the city could lose and judgements would be higher. Assuming the city put up the no parking signs. But y'all are right, the lawyers for the deceased/injured would have to be quite good. (OJ case comes to mind)

I'm thinking that the owner of the parked car will just get a parking citation at most. It was clearly there BEFORE the incident -- one can't add on infractions that don't exist -- reckless parking? I think not.

Craig, have you been calling parking enforcement? I'm sure there are plenty of rather greedy tow companies that will quickly rid any vehicle with a parking citation attached.

I can't remember if I've ever seen parking tickets on any vehicles. I believe the Police go to the homes and ask for the vehicle to be moved. No guns drawn, it's a nice neighborhood.

Ok, so who'd you hit anyways?

Kid in wheelchair? Very bad

DJfrrressh: Nobody cares

Great thread. I am enjoying the discussion, so I will leave the legal questions to other folks. I just had a silly subtle idea to share. If you want to put the fear of God into any person doing something that puts kids at risk, like blocking a sidewalk, gently wedge an old stuffed animal above the tire in the wheel well, or tuck it in their bumper. I bet it catches the eyes of the driver -- and most officers too.

Truth is mortuary doesn't care who's at fault. And it's gonna be the pedestrian who's at the mortuary. Dead is dead.

My dad used to sit out in the driveway in his lawn chair and watch the speeders coming by at 20+ mph over the limit. After awhile he came up with an idea; when he heard them coming, he would roll a kids play ball out into the street.

Sad thing is the driver almost always plowed over the ball at full speed, and kept going.

A videocamera would be of help here . . . then a closeup of the plates after the ball is struck. Send it to FOX TV.

Fill the ball with hamburger and black currant juice or Fox won't touch the story.

Two excellent ideas!

(Added to playbook for later)