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The driver of the car is. Footpaths are public domain, whether they cross a driveway or not. Your son had every right to be there. It is the responsibility of the car driver to watch out for other cars, pedestrians, and bikes.

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Q: My son was riding his push bike on the footpath he crossed a driveway and collided with a car who was driving out his head dented the car and his bike left a scratch on it Who's at fault?
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