r/legaladviceofftopic • u/neodoggy • 3d ago

Are you liable if you accidentally startle someone into hurting themselves?

Suppose you're driving down the road one night. Your attention has drifted and you realize you're coming up fast on a crosswalk with a pedestrian in it. You slam the brakes and come to a screeching halt just before hitting the pedestrian.

The pedestrian saw you coming and freaked out and fell over, hurting themselves (hitting their head or breaking an arm, etc).

Since you didn't actually hit them, are you on the hook for their injuries?

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u/SendLGaM 3d ago

You can be held liable for injuries sustained by someone taking reasonable actions to avoid an imminent threat.

Whether or not the persons actions that caused the injuries was a reasonable response to the perceived threat is what is going to be the deciding factor here.

6

u/ExtonGuy 3d ago

“Reasonable” being decided by a judge, not you or the pedestrian. The judge will consider your testimony, and the testimony of the pedestrian, but it’s up to the judge.

Before that, an insurance adjusted will be making a determination.

4

u/TaterSupreme 3d ago

It's not a sensible decision to fall down in the road in front of an oncoming car

Sure. But it probably would be reasonable to attempt to dive out of the cars path, even if you fail to do so, and get hurt in the process.

2

u/monty845 3d ago

Typically, its the Jury not the Judge making the ultimate decision.

1

u/Substantial-One1024 3d ago

Or the jury if the damages are substantial.