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Well being the driver You are the one responsible for not hitting the pedestrian. So speeding next to a pedestrian at night makes you an asshole.
it drives me insane when people argue that unprotected trafficants (translated from the swedish term because lazy) doing something wrong absolves drivers of all guilt, motherfucker the law very clearly states that it's illegal to hurt people, context does not matter and if there is something you could have reasonably done to prevent or lessen the damage you are legally obliged to do it.
No one, least of all me, is arguing the pedestrian doing something stupid absolves the driver. Ever heard of the Darwin Awards? When you're dead, it doesn't really matter who was right or wrong.
5mph over is a quick walking speed. 25 vs. 20 sound terribly dangerous to you?
And it's not like I barely missed the guy. We were well apart. Point being, he was mad at me because he had his head up his ass and wasn't paying attention.
If y'all think it's reasonable to walk down a dark street, head all up in your phone, go ahead. It is indeed the driver's responsibility to dodge you.
Reminds me of my gf's best friend back in the day. Drove like a maniac, dared anyone to hit her. "Fuck you! I'll get a new car!"
And a lifetime of pain, or at worst, a Darwin Award. But hey! It was the other guy's fault!
Again. You, driving the dangerous machine must avoid harming people. It's not the pedestrian's responsibility to dodge cars. 5mph is almost 10kmph which would make You lose Your license in some places in Europe.