"When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian."
i) Is Ryan liable under civil or criminal law?
The term criminal law is defined by "A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts."
In this case, Ryan is liable under criminal law as his actions of talking with his wife through his mobile phone without the use of hands-free device puts all road users in danger which includes other drivers, motorcyclists and pedestrians.
ii) Should this case go to court, what will be Ryan’s right?
Ryan has the right for a lawyer and a just trial.
iii)What should the pedestrian do to recover his injuries/loss?
In a normal scenario, it is proper for the pedestrian to lodge a police report for an investigation. With the investigation, the wrong-doers can be put for trial and the pedestrian can claim insurance coverage as compensation.
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