Q: Pedestrian traffic law - hypothetical scenario based on real life situation.
There is a road behind my house that is uphill and then curves to the right. Last night at around 9PM I was driving up along this road. I suddenly noticed there was a pedestrian standing on the side of the road at the last minute. The pedestrian was not wearing any reflective clothing or holding a flashlight. This is a tight two way street with no side walks and a very narrow shoulder if any. Both sides of the road are populated by a number of trees. I moved slightly to the left, but I couldn't move too far due to an oncoming vehicle. This particular area on the road has no street lamps and I couldn't see the pedestrian until I came around the curve. If this had resulted in the pedestrian being struck, who would be at fault?
A: Pedestrian would sue you, possibly whoever didn't trim back the growth. However the motorist has a duty to drive at a speed that will allow them to stop within "the assured clear distance ahead" which means within your line of sight as that keeps evolving. As I told my kids "asume that around a curve, over a hill is an Amish buggy going 10-15 m.p.h. It's on the motorist to be able to stop, when whatever is not in sight comes into view!"
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