The pedestrian is the most fragile and vulnerable element and in need of protection in road traffic, and although the most common incident involving pedestrians is a collision with them, that is not always in exclusive guilt of the driver, requiring maximum attention to the traffic and impeccable behavior of the last ones, against qualifiers of unpredictability; unexpected; unannounced; unavoidable; sudden; without chance or capability of reaction, etc., that are required by our jurisprudence to the attitude of pedestrian versus vehicle driver, causes that in most accidents the drivers have to assume some percentage of guilt, even if it is considered that the infringement has been committed by the pedestrian. Every driver of a vehicle must assume he is driving a dangerous and likely to harm people machine and unless you drive in a highway where the intrusion of a pedestrian is not foreseeable, it would almost always be some kind of liability attributable to it or, in any case, to the insurance of the vehicle.
Equal protection deserve cyclists, who despite having bigger responsibilities in traffic, especially towards pedestrians, their lack of protection in relation to any motor vehicle is also remarkable and often fatal, especially in road accidents where many motor vehicle drivers do not respect the mandatory obligation to leave a space of five feet when overtaking bicycles and unfortunately it continues to cause very serious accidents and sometimes, even the responsible escapes from there without any possibility of identification in the so-called hit-and-run.
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