Quote:
Originally Posted by TorqueDog
The minivan driver can't ####ing drive, the pedestrian can't ####ing pay attention... and it turns out you can't ####ing read, Cappy!
She's 17, that's old enough to have operated a motor vehicle for three years, the 'kid' excuse doesn't really apply. I used to walk myself to school when I was 5. My mom taught me to make sure the cars see me and stop, being 'oblivious' when crossing the street was a non-starter. [shrug]
In this instance, the driver is so wrong that it's confusing how they failed to stop, but what I think Fuzz and I are both getting at is how do you not even take some sort of evasive action when you see a vehicle is coming towards you with no indication of slowing down? Not even a jump out of the way, a shuffle sideways, something to suggest you were paying attention to the 4,000 lb hunk of metal rolling toward you. That kind of obliviousness when crossing a street is worth suggesting, y'know, maybe walk a little bit smarter.
Alberta TSA: Pedestrians’ right of way
93(1) At a place where there is a crosswalk, a pedestrian has, unless otherwise directed by a peace officer or a traffic control device, the right of way over vehicles for the purpose of crossing the roadway within the crosswalk. (Read as: The driver was 100% in the wrong.)
(2) Notwithstanding subsection (1), nothing in this section relieves a pedestrian from the duty of exercising due care for the pedestrian’s own safety. (Read as: "I had the right of way" won't look as good on a tombstone as some might want to think. - Yamer)
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Use this as a legal argument in a court and tell me how well it plays out. Sure, maybe you could make an argument of contributory negligence when you get sued for her injuries, but the reasoning behind these types of provisions is to prevent people from pulling the old Russian "lay down in the road and get hit for money" angle.
I just think it's funny that a 17 year old girl gets hit at a crosswalk and everyone is jumping on her for not paying attention - which we have absolutely no evidence of.
She wasn't paying attention because she was not looking at the car that just plowed into her? surely this is some of her fault and the man was in his right to get out an yell at her for contributing 50% to the accident....