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      01-03-2019, 04:41 PM   #1
E92inNC
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Drives: E92 335i
Join Date: Jun 2010
Location: woods by the sea

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Am I liable if I hit someone jaywalking in the dark?

So last night around 8:30PM I was cruising along a pretty dark street near my house. Three lanes a side, median and a break for turn traffic. I’m doing probably 35 in the middle lane with a car to my right one car length behind other wise no traffic. I’m passing by a hospital on the left hand side but even so the amount of street lights is pretty sparse. All of a sudden a 50s-ish dude in dark clothes appear in front of my headlights and I stomp on the brakes and am less than 5 feet from him as he panics and dashes past my car and then almost gets hit by the car next to me, who also slam on their brakes even though I’m sure they couldn’t see him.

At this point both of our cars had set off from a red light about a 1/4 mile ago and the guy has jaywalked more than half the road and has plenty of time to see us coming. More than that, we’re much easier for him to spot at night than he is for us to see.

I’m curious as to wether any liability or how much would have been to me in situations like this?
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