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Re: Pedestrians aren't the only ones who matter.

Posted by BusMgr on Sun Jan 1 17:38:05 2017, in response to Re: Pedestrians aren't the only ones who matter., posted by BrooklynBus on Sun Jan 1 11:10:59 2017.

Under the common law, pedestrians have a right to use highways. The common law may be changed by statute, as it has been for so-called limited access highways. (But by prohibiting pedestrian use, it does, in my view, pervert the term "highway" by preventing its use by all.) Yet, if you look at all the highways throughout this country, an extremely small portion of the highways are so limited (nonetheless, issues arise when to only access to or from certain lands is by "limited access" highway, and a portion of the public is denied access thereto).

Yes, I do place virtually the entire burden of safety on motorists. There are very instances where pedestrians impose a danger. Bicycles are slightly more dangerous. Only motorized vehicles pose a significant and substantial threat to public safety. And for having created that threat, it is the responsibility of automobilists to take on the full costs of that threat. And if they don't want to assume that risk, then they should not drive. (In my view, motorized travel is so inherently dangerous, that the theory of strict liability ought to apply, just as it applies to other inherently dangerous activities.)


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