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re: Help for mother and son struck by vehicle while Trick-or-Treating

Posted on 11/2/17 at 10:44 am to
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 11/2/17 at 10:44 am to
I used to live in petaluma, ca. They do breath tests on the main streets of everyone on halloween, irish drunk st Patrick day, after the indy 500, new years.

I find it offensive when baws post locations of police stops on td.

Posted by S1C EM
Athens, GA
Member since Nov 2007
11594 posts
Posted on 11/2/17 at 10:45 am to
quote:

Sounds as if none of the parties were paying attention. Sorry, but this isn't all on the driver unless there were police there stopping traffic and he ran thru them.


Again, I don't know them and wasn't there. I can't say that that isn't the case, but either way, pedestrians have right-of-way, particularly in that crosswalk which is clearly marked as such. I don't know if they were already in the crosswalk or what, but as I read it, it seems maybe they thought he was stopping and started going across. The father made it across to the other side, while the mother pushed her youngest son in his stroller back to the curb (so she realized what was happening). Trying to corral the oldest boy out of the way is how she got hit and then him as well. If you've ever tried to manage multiple children trick-or-treating in a busy crowd, you'd understand.
Posted by S1C EM
Athens, GA
Member since Nov 2007
11594 posts
Posted on 11/2/17 at 10:46 am to
quote:

bee Rye



Thank you, sir!
Posted by Packer
IE, California
Member since May 2017
8699 posts
Posted on 11/2/17 at 10:47 am to
quote:

what kind of complete fricking idiot speeds thru a pedestrian crossing, on Halloween, while texting.

im so sure that text couldn't wait


News report, Gofundme, and the mom's facebook only mentions the guy not paying attention. Not sure where the OP got that the driver was texting or speeding.
This post was edited on 11/2/17 at 10:49 am
Posted by S1C EM
Athens, GA
Member since Nov 2007
11594 posts
Posted on 11/2/17 at 10:55 am to
quote:

News report, Gofundme, and the mom's facebook only mentions the guy not paying attention. Not sure where the OP got that the driver was texting or speeding.


Saw that information listed elsewhere. I thought it was on the GoFundMe page, but you're correct, it's not. I do know a couple of people who were there when it happened and they both indicated that the driver appeared to be texting. Not sure about the speed, but seeing as how the limit through there is like 15mph on a normal day, it's not hard to imagine that he was going "too fast for conditions".
Posted by highpockets
Lafayette
Member since Feb 2015
2117 posts
Posted on 11/2/17 at 10:59 am to
quote:

While I am understand the instant anger and rage you and I would feel in this situation, as hard as it would be, youd have to show self restraint. What good would it do for your son to grow up without a father bc you are now in jail? Believe me, Id want to slowly beat the shite out of a person who hurt my family, but you have to think of the bigger picture after the child recovers from the injuries.


1 punch then, should only be a minor assault charge.
Posted by nes2010
Member since Jun 2014
8050 posts
Posted on 11/2/17 at 11:02 am to
quote:

You can't kill someone over a car wreck
LINK
Apparently you can.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 11/2/17 at 11:31 am to
quote:

pedestrians have right-of-way, particularly in that crosswalk which is clearly marked as such.


That can't be the case always. Just cause a crosswalk is marked, it does not give pedestrians right of way under all circumstances. There are designated crossealks at most intersections in cities, but it doesnt give unlimited right of way.

I'm sorry for these injuries. Drivers should be double alert on Halloween and so should pedestrians in city traffic areas.

Just a horrible accident
Posted by ElroyJetSon
Baton Rouge
Member since Jul 2011
4018 posts
Posted on 11/2/17 at 11:39 am to
Doubtful
Posted by S1C EM
Athens, GA
Member since Nov 2007
11594 posts
Posted on 11/2/17 at 11:43 am to
quote:

Just cause a crosswalk is marked, it does not give pedestrians right of way under all circumstances. There are designated crossealks at most intersections in cities, but it doesnt give unlimited right of way.


You're right. But again, this crosswalk is marked with something to the effect of "State Law - Vehicles Must Yield to Pedestrians in Crosswalk" or some such. That's why I say this. Point taken, though.
Posted by CharlesLSU
Member since Jan 2007
33653 posts
Posted on 11/2/17 at 11:47 am to
sorry my man. vehicles ALWAYS yield to pedestrians in a crosswalk. It is a statute observed by most states, including GA.

The driver is screwed.

ETA: while we all have been guilty of not yielding when folks are standing on side of the road waiting to cross, had they attempted it and we struck them, we would be at fault. AND, with the additional state signage at this location, it only further nails their arse.
This post was edited on 11/2/17 at 11:50 am
Posted by CharlesLSU
Member since Jan 2007
33653 posts
Posted on 11/2/17 at 11:51 am to
if there are legible (even semi legible) pavement markings complemented with a sign, they always have ROW.
Posted by fleurdelis
Winchestertonfieldville
Member since Nov 2008
336 posts
Posted on 11/2/17 at 11:59 am to
Pedestrians should be proactive as well. Just because legally they have the right of way, it doesn’t mean they should just start walking and assume/expect that vehicles will yield to them. Also, why was the father walking ahead of them and not assisting her with the children? Pedestrians must use common sense.
Posted by CharlesLSU
Member since Jan 2007
33653 posts
Posted on 11/2/17 at 12:24 pm to
totally agree.....hell, its self preservation!

I was speaking on the law.
Posted by S1C EM
Athens, GA
Member since Nov 2007
11594 posts
Posted on 11/2/17 at 1:19 pm to
quote:

Pedestrians should be proactive as well. Just because legally they have the right of way, it doesn’t mean they should just start walking and assume/expect that vehicles will yield to them.


You are correct. I don't believe it applies in this particular case, however.

quote:

Also, why was the father walking ahead of them and not assisting her with the children?


This I don't know. Had it been me, I'm always right there, typically the one holding my kids' hands. But we're all different and I'm sure I've gotten ahead of my family a time or two before without realizing it or meaning to.
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