>>1167477The pedestrian is legally 'at fault' but whose fault it is really depends. If it's a serious crash where it's actually relevant who's at fault, if there's any liability or damages, then it's probably really the cyclists fault.
You gotta ride defensively, you gotta watch out for hazards, you gotta be able to stop quickly and a bike path is not the right place to go fast. If there's a fucking retard walking glued to a phone that might walk in front of you, slow down. I would expect the same courtesy from a car driver, when I'm cycling. Responsible people should be able to compensate for irresponsible people. It's the same if you're driving and another driver does something stupid. If you're keeping safety margins and paying attention, you should probably be able to avoid an accident.
Think about it this way, children are inherently clumsy, and make poor decisions. You're not going to jump to blaming a child in a bike on ped accident. They're just stupid and do silly things and we accept it, we look out for them. Stuff should be safe for stupid children. That should be our benchmark.
