- 24,553

- Frankfort, KY
- GTP_FoolKiller
- FoolKiller1979
I didn't know the hypothetical also assumed I was arguing the case in a court of law. Because see, just because the law says one thing, or can be interpreted to say it due to a lack of evidence, does not make it correct. Of course, depending on where this happened and a few other details, it could be possible that the law says pedestrians have the right of way, which immediately absolves the child of all blame.It's still the child unless you can prove you stopped in time and the tailgater did in fact cause you to hit the kid. He'll get a ticket for failing to avoid a collision but unless proven otherwise, it's most likely ruled an accident.
But as the case was a hypothetical situation in which the only variable that caused the accident was the behavior of the tailgater, I can easily say that all deaths and injuries are his fault, as they would have been avoided otherwise. While the legally defined blame may not be the same, it doesn't change the fact that the tailgater's behavior is directly at fault. No accident would have occurred had he not been behaving in that way.