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Originally Posted by ian@huth
The car driver may not be at fault but the speed that he is driving at is a contributing factor to the severity of injury caused. Does it really matter who is to blame. If the car driver was going slower there may not have even been an accident.
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You may as well state if the other party was not there then the accident would not have occurred, regardless of blame or degree of injury.
If the pedestrian is running into the road at 10 mph and collides with a vehicle head on at 28mph, then they stand a far greater risk of being terminally injured, as opposed to just jumping into the path of the car. If they had stayed at home the problem would not have arisen.