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Comment by Svip | Hacker News Reader

I was once almost hit by a Tesla, because I didn't hear it coming. Fortunately, the driver noticed I wasn't aware of his presence and slowed down.

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With a sane legal framework surrounding driving, the driver would need to be sure they were not going to hit you, rather than you needing to be sure you wouldn't be hit.

For a pedestrian hit by a car, legal liability is often not the main concern.

Though in some countries, hitting a pedestrian gets the driver an automatic jail term. Collisions with pedestrians don't happen all that often in such countries.

I'd still rather be the driver in that scenario (Which I believe was the parent's point)

I think I'd rather be neither.

I agree and I find that a far more civilized legal approach to cars, but I don't ever count on that happening in America.

You may legally in the right but only your heirs will care.

It's not the main concern for the pedestrian, but it may be for the driver. If legal liability is clearly on the driver then drivers will be more careful. At least, many will, even if not all.

In the end it does not matter. The pedestrian is the one needing the wheelchair afterwards.

On the one hand, you're right. On the other hand, a friend of mine was sued by the driver of the car that hit him to pay for cleaning his blood off of the car and fixing the dent his body left in the frame.

It'd be nice if they didn't add insult to injury.

In Germany it is generally the other way round, especially when children are involved. The driver of a car has to take care of pedestrians and cyclists. Even if a driver follows the rules perfectly fine, § 1.1 of the law (you have to take care of others) always beats the rest.

Interestingly, Germany is also the most wonderful place I know for a drive. They're well-trained, considerate, and skilled.

You get what you (let people) pay for. A drivers license costs ~1500€ here.

Well if your friend is the one responsible from the accident, then yes, he should be paying the car damages.

Sometimes it is pedestrian fault. I was nearly run over by a truck crossing the street trying not to miss a bus that took so long waiting.

It was entirely my fault had he killed me. Luckily I had good reflexes and jumped away, the truck hit my leg at over 100kms/hour while in the air and only made me a small bruise as it rotated in the air with little resistance.

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