pixel_of_moral_decay t1_j64uw03 wrote
Reply to comment by Wildwilly54 in Bicyclist involved in Jersey City hit-and-run by Councilwoman DeGise files $1M tort claim by EyesOnImprovement
Driver has a legal obligation to not impact other persons or property. Or operate a vehicle in a way that can result in such a collision.
Same reason you’re responsible for an accident if you slid on ice or snow. You’re responsible for safe operation of the vehicle regardless of external elements. You have to slow to a speed in which you can safely operate, or if that’s not possible, get off the road until it is.
One persons negligence doesn’t absolve the driver of this responsibility.
She’s responsible by law for hitting him regardless of the light.
He could get a ticket, but that’s really it.
She’s absolutely responsible for the accident thanks to unsafe operation of the vehicle and being unable to stop and/or not looking before crossing the intersection. At a bare minimum it’s reckless driving. This is textbook stuff.
Wildwilly54 t1_j64zziz wrote
“Or operate a vehicle in a way that can result in such a collision”
She has a green light and is basically doing the speed limit. On what planet is that part reckless.
pixel_of_moral_decay t1_j652tkl wrote
That doesn’t mean she can hit someone. That’s still an offense. She had an obligation to stop in time. She willfully operated a vehicle in a way she couldn’t.
edk5 t1_j653jzy wrote
Out of curiosity, where did you go to law school? I don't remember this from Torts class way back when I took it.
Wildwilly54 t1_j658eic wrote
University of American Samoa Law School would be my guess.
pixel_of_moral_decay t1_j65owpl wrote
If you took Drivers Ed in NJ this is an actual topic.
Assuming you’re a licensed driver.
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