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View Diary: Cartoon: Ped X-ing (150 comments)

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  •  A driver is responsible for (2+ / 0-)
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    mungley, thanatokephaloides

    everything in front of them. A child. A drunk. A skunk. If she hit a person its her fault, not the person's. That's the way the law is. Exceptions are made in the case of wealthy Wall St. drunks, however, if you recall the story.

    A true craftsman will meticulously construct the apparatus of his own demise.

    by onionjim on Tue Feb 25, 2014 at 07:28:20 AM PST

    [ Parent ]

    •  onionjim (2+ / 0-)
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      saucer1234, thanatokephaloides

      I always think about Abe Simpson putting onions on his belt, because that was the style back in his day.  

      At least, that's what I think about whenever I see your name by a comment.  


      by otto on Tue Feb 25, 2014 at 07:33:14 AM PST

      [ Parent ]

    •  That is not correct... (5+ / 0-)

      When you are a pedestrian in a roadway you have to follow the same laws as a vehicle in a roadway, same goes for bicycles.

      My father hit a jogger once.  The guy had his headphones on and wasn't paying a damn bit of attention to what was going on around him. My dad slowed down to 15 MPH in a 45 zone and was in the process of moving over to the other side of the road when, out of nowhere and without looking over his shoulder, the jogger darted out in front of him. My dad hit him and it almost killed the jogger.  The jogger was entirely at fault- the same way a vehicle would be at fault if it merged into another lane without looking and hit, or was hit by, another vehicle. The only difference between the two is- a vehicle is more resilient to being hit by another vehicle than a human body is.

      When a pedestrian jaywalks and is hit by a car, it is the pedestrian's fault, the same way it would be if a car ran a red light and then hit, or was hit by, another car.  

      I am all for walking, jogging, biking, skateboarding, etc... but understand that a car can't stop on a dime... it's a little thing called physics.  

      You can get animals addicted to a harmful substance, you can dissect their brains, but you throw their own feces back at them, and suddenly you're unprofessional. -Amy Farrah Fowler/The Big Bang Theory -7.50, -5.03

      by dawgflyer13 on Tue Feb 25, 2014 at 07:51:21 AM PST

      [ Parent ]

      •  This reminds me of one of the very few lessons (1+ / 0-)
        Recommended by:

        that I recall from drivers training several decades ago.  It was a case where a driver hit and killed a child that ran out into the road.  In the case, the driver was going 27 mph in a 25 mph zone and this resulted in them being liable for vehicular manslaughter.  The point was drilled into us that had the driver been going 25 mph or less, they would not have been liable.  Breaking the speed limit law made all of the difference.

        "It's not surveillance, it's data collection to keep you safe"

        by blackhand on Tue Feb 25, 2014 at 08:26:51 AM PST

        [ Parent ]

      •  That may be (1+ / 0-)
        Recommended by:

        but I was taught and will maintain to this day, that alertness includes being aware of both the road and anything near it. If you're going too fast to stop for a child chasing a ball, then you are at fault, in my mind.

        Please, y'all if you are behind a jogger with headphones, give a toot to wake them up. Its not that hard. The same with kids, if they are playing in or near the roadway, the horn can make a big difference.

        A true craftsman will meticulously construct the apparatus of his own demise.

        by onionjim on Tue Feb 25, 2014 at 09:07:21 AM PST

        [ Parent ]

    •  That's not how the law saw it (1+ / 0-)
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      Sorry, but that's just not a good reply here.  It's not accurate.  The law didn't say that about my mom, so I can say that with certainty.

    •  Determining fault is a little more complicated (1+ / 0-)
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      Hitting a pedestrian while they are breaking the law is going to mitigate a driver's resposibility. Drivers do have a responsibity to be alert, but there is a difference between striking someone in a crosswalk and someone who pops out from behind a car in mid-street.

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