|
|
| Re: Fighting the DOT S(BS) on Woodhaven Blvd (318507) | |||
 |
|||
| Home > BusChat | |||
|
[ Read Responses | Post a New Response | Return to the Index ] |
|
||
|
Re: Fighting the DOT S(BS) on Woodhaven Blvd |
|
|
Posted by Stephen Bauman on Tue Sep 20 19:50:13 2016, in response to Re: Fighting the DOT S(BS) on Woodhaven Blvd, posted by BrooklynBus on Tue Sep 20 16:13:42 2016. 1112 But why would someone put his foot in the gutter if cars are already making right turns?The pedestrian is no more willing to waste his time by ceding his right of way than the driver is in denying it to the pedestrian. Besides, it's raining out and the pedestrian wants to remain as dry as possible. I thought you are supposed to wait if someone is about to enter the crosswalk. You were misinformed. That makes more sense. If one wants to create a set of rules to govern conduct, e.g. rules of the road, these rules must be absolute and not subject to ambiguity or human judgment. Consider the old Mass right of way statute. The right of way was formed on the basis of human judgment - who first entered the intersection. It was impossible for anyone not at the scene to determine who entered first. Each driver maintained that he entered first. The present rule that the vehicle on the right has the right of way is not subject to human judgment. If there is a collision, the driver entering from the left is in the wrong. Your rule requires the driver to make an assumption regarding the pedestrian's intentions. That's already subject to human judgment. If there is a collision how would somebody determine the pedestrian's intent (about to enter the crosswalk)? If the pedestrian lives, he would confirm his intent to enter the crosswalk by the fact he was in it at the time of the collision. Your rule also hinges on the meaning of "about." That's an ambiguous term. BTW, the driver has an additional responsiblilty: § 1146. Drivers to exercise due care. (a) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term "domestic animal" shall mean domesticated sheep, cattle, and goats which are under the supervision and control of a pedestrian. You will note that this statute makes no mention of the whether the bicyclist, pedestrian or domestic animal is disobeying any statute. So, if you see a pedestrian in front of you and in the middle of the road while you have a green light, you must still exercise due care to avoid hitting him. |
|
|
|