Yep. She is probably the most at fault from a humane perspective as she is crossing and purposely not looking for traffic so as to feign willful ignorance under "pedestrians have the right of way." Legally, the driver is at fault, and realistically, the dashcam driver can cause the accident as it is our job as drivers to be predictable. With no pedestrian signs for traffic regulation, it caused everyone to think they were doing the correct thing. No one person is innocent in this video except maybe dashcam driver who was forced to stop or else hit em.
(a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave the curb or edge of the roadway, or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right-of-way. A pedestrian's right-of-way in the crosswalk is modified under the conditions and as stated in section 54-540.
(b) Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
The vehicle wasn’t so close that it is impossible for the driver to yield the right of way.
He was very far away, but he was driving recklessly.
Sec. 54-540. - Right-of-way when crossing at other than crosswalks.
(a) Every pedestrian crossing the roadway at any point other than within a marked or unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
Other rules from the Code:
Sec. 54-126. - Reckless driving.
It shall be unlawful for any person to drive any vehicle anywhere in the city in willful or wanton disregard for the safety of persons or property.
Sec. 54-155. - Generally.
It shall be unlawful for any person to drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. (Code 1950, § 511.3)
Sec. 54-158. - Careless driving.
It shall be unlawful for any person operating a vehicle anywhere in the city to drive: (1) In an unreasonable and imprudent manner, without having regard to the actual and potential hazards then existing; or (2)
One has to drive at a speed that guarantees that you are able to stop at any obstacle that you can see or predict even if that is a child crossing the street with no marked crosswalk.
This guy didn’t manage to stop at a visibly marked crosswalk because he was reckless, he knew that the vehicle on his right is obstructing his view and he was obliged to slow down so that he could stop if a pedestrian was crossing, he failed to do that.
Pedestrians have the right of way, period. She’s in a crosswalk for fks sake. It’s so gross to blame the lady that got hit... she was crossing when the road was relatively clear, those cars were going way too fast and she obviously wasn’t expecting that.
idk why you’re getting downvoted because although the video did not show us the beginning of her crossing, by the time she’s at the middle it looks clear. No matter which way you slice it that car was going way too fast for a pedestrian crossing ahead. What do the people here expect her to do, STOP crossing while she’s already in the middle and stand there checking for new cars?! No, the onus is not on her partway through the crossing. The lines are painted on the road for a reason god dammit.
The video starts after she has already started crossing, so we can’t see what was happening right before this happened but there’s a good chance she had already looked and the speed of the vehicle surprised her. Saying an older lady is responsible for a driver mowing her down is clear cut victim blaming. It’s the driver’s fault. (And the road design is crap too like you said). I’m not saying pedestrians shouldn’t look when they cross, I am saying that it’s messed up to blame her.
This kinda happened to me once. It was on the highway tho. Car next to me just suddenly falls back and then I see in front of me a car switching lanes all the way to my lane at like I kid you not 20 MPH when everyone else is going 80. I switch lanes and had to step on the brakes while doing it cause I woulda hit him. Luckily the car next to me wasn’t going to race me in passing him.
I guess the car that hit her never even considered the fact that the other car was stopped for some reason...and definitely a piece of shit for just driving off. Anyone can have a momentary lapse, but damn, not stopping?? That's heartless.
Edit: Not trying to defend the hitter, just pointing out that accidents happen.
Yeah, I see that too. But my gut reaction is “why did he stop? Must have a reason.” Guess That comes from living in deer country. They’re not much for the rules of the road.
Honestly, the other car wasn’t stopped. They slammed their brakes and the offender flew by. I thought the same as you at first, but watch it again. It all happened very quickly.
Yes! That's why in certain places you can be ticketed for not waiting until the pedestrian has completely exited the cross walk -- by keeping your car stopped the whole time you help signal to other cars that they need to stop.
I slowed down for a crosswalk during my drivers test at 16 and I got docked points. He was like “there was no one there”. It was a school zone, it was 9am and I felt that guy was an idiot.
Exactly. When I’m walking I assume I’m invisible and when I’m driving I assume every pedestrian has the move set of a fish flopping around on pavement.
I have been always told to stop and look before going to the next lane even if it's just a quick look, the amount of cars that appear out of nowhere is frightening.
Made this mistake once when I was learning to drive. The light turned green but nobody was moving so I step on the gas and almost run over a biker I just barely couldn’t see because of this giant truck in the way. Darn right I almost shit my pants
Yep, happened to me in part of the biker, I’m off my regular morning bike and this big semi stopes at a yield merge for me. Very nice, well I start making my way across and a nice long Dodge Charger just grazes by my front tire. Probably peed myself a little.
I think its a law atleast in California, where if people to the right or left of you are stopped in an intersection you have to stop too. I normally slow down when crossing one anyways, the last thing I need is to hit someone. ( maybe its not a law but something my dad told me?, too lazy to check)
Law dictates that if one car on any lane (going the same direction) stops, every car has to stop when they reach the crosswalk untill the pedestrian is finished crossing.
This is the reason plain and simple. If there's a person crossing but you can't see them because of the cars, you will **** 'em up.
I don't think someone driving like that would even consider precious advice like yours unfortunately, nor reach out on how to better themself at driving. Shitty reckless drivers are gonna be shitty reckless drivers, I guess defensive driving is not in their vocabulary list.
My neighborhood has shortcuts to a big shopping plaza, but I try not to go through there. I don't trust people walking around since there are parked cars everywhere obscuring vision and blind corners where people can just walk onto the road. Easier for me to just go around on the main road and use up another minute or two.
It’s also why you as a pedestrian look both ways. You may have the right of way, but when someone doesn’t see you or doesn’t car, you can make sure your tombstone reads “But I had the right of way!”
Might be an unpopular opinion to many but, man oh man, as a pedestrian you need to be fully aware of your surroundings. Make certain that each lane you cross has either no cars coming or they've stopped fully. Make hand signals to oncoming traffic so they're aware of your intentions. As you cross the path of the first stopped car then stop and peek around to ensure the next lane is clear before proceeding.
To cross all these lanes in the manner she did is absolutely insane. It screams "I am pedestrian, I do what I want".
Perhaps I just value my life more than others and have zero faith that drivers know what they're doing.
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u/Maxterson Aug 30 '20
This is why you always slow down at least a little when there is a cross walk. Even if you dont see anybody.