Legal Responsibility in the Case of Someone Being Pushed in Front of a Moving Car

When someone is pushed in front of a moving vehicle, the legal responsibility is not straightforward. Various factors, including negligence and criminal acts, play a significant role in determining who—be it the person who pushed, the driver, or both—should be held accountable.

General Liability and Driver's Non-Responsibility

Assuming the driver was not violating any driving regulations, the responsibility falls solely on the person who pushed the individual in front of the car. In legal terms, drivers are typically not held accountable if an object suddenly and unpredictably appears in the roadway, without a reasonable expectation that they could have acted to avoid it. This means the driver had a non-reckless and non-negligent accident if the pusher committed a crime.

Complex Scenarios and Factors

The legal responsibility in such scenarios can become much more complex and vary greatly depending on the specific circumstances of the incident. Here are a few examples that illustrate the complexity:

High-Speed Violation in a Residential Area

Example: A driver is speeding at 50 mph in a 30 mph zone where two teens are horse playing on the sidewalk. Despite the potential risk, the driver takes no action to mitigate this potential accident. Similarly, in a crowded sidewalk, the driver should be aware and cautious. Negligence on the part of the driver can be a significant factor in determining liability.

Moving-Over Laws and Commercial Vehicles

Example: In a state with a move-over law, a push results in one of the workers being hit by a vehicle because the driver failed to move over or slow down. Similarly, if a commercial vehicle, such as a pizza delivery driver, backs out of a driveway and a person is shoved into the path, the driver can be held responsible, especially if they should have expected such an action and the vehicle had a backup alarm.

Drunk and Wildly Shoving Crowd

Example: The situation escalates during an event with a crowd of drunk people and someone is pushed directly into the path of a vehicle backing up. If the delivery driver delivered alcohol to this crowd, the situation becomes even more complicated, potentially leading to severe legal repercussions.

These scenarios highlight the importance of situational awareness and the role of comparative fault in legal judgments. How jurisdictions handle comparative fault, and how insurance can affect the outcome, can significantly impact the resolution of such cases.

Legally Chargeable Actions

The person who did the pushing can face severe charges, including attempted murder, or even murder or manslaughter, if the victim does not survive. The driver, by contrast, is seen as innocent in this case, unless there are specific circumstances that could be argued to involve negligence or foreboding on the part of the driver.

Urgent Situations and Liability

There are instances, such as pushing someone to avoid a faster-moving and more massive train, where the pusher's actions might be seen as justifiable. However, in most cases, the pusher would be responsible for any injuries to the person who was pushed, damage to the car, and injury to the driver. The driver would not be held responsible unless it was reasonably foreseeable that the pusher would act as they did.

In conclusion, the legal responsibility in such scenarios depends on a variety of factors, with the pusher typically bearing the primary responsibility. However, drivers can still be held accountable under specific circumstances and jurisdictional laws.