Hardcore Lazy said:
12 months later i get summonsed and she is suing for $250,000 and the rest.
After 3 solid days in court i have a fair idea of how this works....
The law states that as a motorist you have a duty of care towards every other pedestrian cyclist etc.
However he most important thing in this whole case, is that NEVER has a court awarded 100% liability towards a pedestrian or party that has been hit by a car.
No matter how dumb this guy is, the motorist will cop some of the blame ad cost.
There has not been a precedent set, and not many judges are willing to set the precedent becuase of the ramifications of such a decision.
my 3 cents ( 2 plus GST)
I think this highlights the source of the confusion. You need to make a distinction between civil law and criminal law. Whilst there may be no penalities under criminal law if a pedestrian walks in front of a car, there may have been precedent set in a civil case, which means that a driver could be liable to an extent for the injury to the pedestrian. In the case of civil law, if the driver is liable, they will need to pay damages or whatever. Civil law is suing, and is where issues of liablity, negligence etc. come into play. Criminal law deals with legislation and penalties (fines, sentences) etc. The two aren't neccesarily consistent with each other (even taking into account the differnet redresses or punishments)
And that shouldv'e been 2.2 cents by my calculation.
And the fact that some kid got hit by a car in that circumstance is a little amusing, but not that funny, only because its not that interesting.
caeottic, myself and a friend were street riding in chatswood
Now THAT sight sounds funny. Were you canvasing ideas for more bad posts?