If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely not to apply.

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The rule of res ipsa loquitur may potentially apply in cases where someone is injured while walking on a sidewalk due to a vehicle leaving the road. Res ipsa loquitur is a legal doctrine applied to cases where there is no direct evidence of negligence, but the circumstances of the injury make it clear that negligence must have occurred. In this scenario, if the driver was driving negligently, such as texting or under the influence, and ran off the road, causing injury to a pedestrian on the sidewalk, res ipsa loquitur may apply. However, this would ultimately be dependent on the specifics of the case and would be determined by a judge or jury.

If You Are Driving Negligently and Run Off the Road