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It is a motorist's duty NOT to hit a pedestrian. It is a motorist's duty to drive at a speed where he can stop so as not to hit something in front of him. Thus the point is moot - if a pedestrian is "in the road" you should not hit him/her - you stop and give way.

Imagine - "your honor I had the right of way so I drove the pedestrian down".

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12y ago

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