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The person in care and control of the vehicle has the responsibility to proceed with all due care and attention. He or she must verify the way is clear for his or herself.

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Q: Who is at fault if a pedestrian waves a vehicle to exit a driveway and he strives another?
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Are you at fault if you hit a pedestrian backing down your driveway on your property?

Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.


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When is a pedestrian at fault for a car accident?

If the pedestrian illegaly, unexpectedly, and dangerously enters the flow of traffic causing a vehicle operator to swerve their vehicle in order to avoid them.


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