What is the ruling on a driver who strikes a pedestrian on foot, causing his leg to break? Is he liable and required to pay compensation, or not? And is there a difference in this between a case where healing is expected and one where it is not?
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
Fu'ad al-Juhani: What is the ruling on a driver who strikes a pedestrian on foot, causing his leg to break? Is he liable? Is he required to pay compensation or not? And is there a difference in this between a case where healing is expected and one where it is not? Answer: One must look at the man who was injured to see whether he was negligent with himself or whether the driver was. If he was the one who was negligent with himself, then it is void, such as if he throws himself into the street without looking, and the car is moving as usual, and the driver is unable to stop the car because the man is close to it; in this case, it is void and he is not liable.
However, if the situation is the opposite and the negligence was on the part of the driver, then he is liable for it.
Fu'ad al-Juhani: What is the ruling on a driver who strikes a pedestrian on foot, causing his leg to break? Is he liable? Is he required to pay compensation or not? And is there a difference in this between a case where healing is expected and one where it is not? Answer: One must look at the man who was injured to see whether he was negligent with himself or whether the driver was. If he was the one who was negligent with himself, then it is void, such as if he throws himself into the street without looking, and the car is moving as usual, and the driver is unable to stop the car because the man is close to it; in this case, it is void and he is not liable.
However, if the situation is the opposite and the negligence was on the part of the driver, then he is liable for it.