If a pedestrian walked into my car while it was moving, can I be charged with anything?

Asked on December 7, 2013 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you truly were not doing anything dangerous or illegal (e.g. not going through a crosswalk as a pedestrian was trying to cross; not going through stop light or stop sign; not driving too fast or distractedly, etc.) and the pedestrian was at fault, then you should neither be charged nor be liable in a civil case. Of course, if the pedestrian and/or other witnesses either lie or mistakenly testify that you were at fault, you may have some problems if their testimony is credible (believable)--especially since common sense and experience tell us that pedestrians rarely walk into cars and usually it's the car's driver doing something wrong.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written about there is always the possibilty that you could be charged with reckless driving for hitting the pedestrian. However, if you have yet to be charged with a crime then I would not worry about it. I would place your insurance carrier in notice about what happened as a precaution.

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