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PostPosted: Tue Jul 27, 2010 18:54 
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Odin wrote:
Was the green man flashing when she started to cross?


Does that matter, if the amber light was flashing when he entered the marked crossing and there was somebody on the crossing he's committed an offence right?


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PostPosted: Tue Jul 27, 2010 18:58 
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weepej wrote:
Odin wrote:
Was the green man flashing when she started to cross?

Does that matter, if the amber light was flashing when he entered the marked crossing and there was somebody on the crossing he's committed an offence right?

Nobody's disputing that he committed an offence.

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PostPosted: Tue Jul 27, 2010 19:04 
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PeterE wrote:
Nobody's disputing that he committed an offence.



Hmm "Was the green man flashing when she started to cross? " certainly sounds like blame was trying to be laid on the pedestrian for doing something wrong.


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PostPosted: Tue Jul 27, 2010 19:27 
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weepej wrote:
PeterE wrote:
Nobody's disputing that he committed an offence.


Hmm "Was the green man flashing when she started to cross? " certainly sounds like blame was trying to be laid on the pedestrian for doing something wrong.
I could step out in front of a car tomorow doing the speed limit, or less, and get killed.

I could equally be going along in my car tomorrow doing the speed limit, or less, and kill someone.

I'm guessing that you, weepej, will put the blame on the driver in each case 100%?

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You will be branded a threat to society by going over a speed limit where it is safe to do so, and suffer the consequences of your actions in a way criminals do not, more so than someone who is a real threat to our society.


Last edited by Big Tone on Tue Jul 27, 2010 19:28, edited 1 time in total.

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PostPosted: Tue Jul 27, 2010 19:27 
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weepej wrote:
PeterE wrote:
Nobody's disputing that he committed an offence.



Hmm "Was the green man flashing when she started to cross? " certainly sounds like blame was trying to be laid on the pedestrian for doing something wrong.

The judge told Ali wrote:
'Victoria Johnson stepped into the carriageway without looking to her left.

So from that, you can conclude she made no error?

Or are you still in "fairly strict liability" mode?

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PostPosted: Tue Jul 27, 2010 20:08 
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weepej wrote:
Does that matter, if the amber light was flashing when he entered the marked crossing and there was somebody on the crossing he's committed an offence right?


The way I read it, she stepped into the road after the amber light started flashing, ie there was nobody on the crossing at the time that he made the decision to go through on the flashing amber.
Also, as he must have been right on top of the crossing when she stepped out, he would almost certainly have hit her, regardless of his speed.
What if, instead of a car, it had been a bus or a lorry? Large vehicles tend to kill pedestrians at much lower speeds than cars do.

Whether you're a pedestrian, cyclist, driver, passenger or whatever, you always have ultimate responsibility for your own safety. I, for one, never attempt to cross the road before ensuring that it's safe to do so - it's folly to do otherwise.

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PostPosted: Tue Jul 27, 2010 20:13 
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I'm gussing weepej is waiting for a few responses before cherrypicking the one he replies to so...


I think there is something very important going on here which is what has sickened me so much about the speed camera legacy...

Apart for being on the phone, she looks at something which tells her it’s safe to do something, or not, in the same way that speed limits tell drivers these days that if you follow a rule, cast in stone by law, you are safe.

Who here looks across a pedestrian crossing without looking left and right before taking that green leap of faith? I’ll bet no-one!!! And I bet you would have passed that wisdom onto your children too!

As a driver, who here would even bother to look at your speedometer in a situation like that? You would surely be looking at her and where she was and what she was doing, or not doing, and slow down to a speed you wouldn’t even be able to tell because what she is doing and that situation is far more important than looking at what speed you are doing.

There is no way on God's green Earth I would be doing 37mph in that situation, just as there is no way I would ever walk across a road, least of all while talking on a mob, without looking.

Devils advocate: If he was doing the speed limit and had the reactions to avoid her, only to crash and be killed himself, what does anyone suppose the outcome would have been on her responsibility or lack of?

A terribly sad loss and so totally preventable by either party IMHO. :(

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PostPosted: Tue Jul 27, 2010 20:56 
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Big Tone wrote:
A terribly sad loss and so totally preventable by either party IMHO. :(


:yesyes:


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PostPosted: Wed Jul 28, 2010 11:10 
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Steve wrote:
So from that, you can conclude she made no error?

Or are you still in "fairly strict liability" mode?


Does it matter if she did make "an error".

In my book the guy driving the car should've approached the crossing with care and caution (just like he should've been driving his car at ALL times), he should have been going much slower and frankly had been ready to stop considering the light was flashing amber (knowing that as anybody else does a flashing green man can mean "cross now" to some pedestrians).

Also, if he had been more observant he would've seen the lady at the side of the road much further back.

It should have been up to him to show he couldn't have avoided the collision, even if that meant in hindsight he should have been travelling much slower, so yes, this strengthens my desire for a strict liability law.

To add I have read a story about what he feels about this and he's clearly a broken man, which I'm very happy with, perhaps if he had thought a bit more before behaving like he did then we wouldn't be discussing this.

BTW I attribute no blame whatsoever to the girl for her own demise, there's no way she should have been struck, regardless of her behaviour at the time.


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PostPosted: Wed Jul 28, 2010 11:52 
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weepej wrote:
Does it matter if she did make "an error".

Absolutely yes!
Had she looked she would be alive today (like the hundreds of other killed pedestrians every year), or does that not matter to you? Talk about an abrogation of responsibility!

weepej wrote:
Also, if he had been more observant he would've seen the lady at the side of the road much further back.

That means nothing. Lots of people walk along a road past a crossing without actually crossing; do you stop for all these people?

weepej wrote:
so yes, this strengthens my desire for a strict liability law.

So even more people won't look properly before crossing?
In terms of safety, would an enforced Jaywalking law give better safety?

weepej wrote:
BTW I attribute no blame whatsoever to the girl for her own demise,...

It appears you are alone in that opinion, thankfully!
Walking into a road without first looking, even when having priority, is extremely dangerous and foolhardy; unless you actually want to forward the argument that people using crossings needn't look? I sincerely hope not!

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PostPosted: Wed Jul 28, 2010 11:58 
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Steve wrote:
That means nothing. Lots of people walk along a road past a crossing without actually crossing; do you stop for all these people?


No, but I don't aim to hare past the crossing at nearly 40mph.


Steve wrote:
So even more people won't look properly before crossing?


No, so people in or on vehicles have a much better idea of what the result would be should they strike somebody.

Steve wrote:
In terms of safety, would an enforced Jaywalking law give better safety?


I'd be happy with a jaywalking law, if we had pelican crossings every 100 meters or so.

Steve wrote:
Walking into a road without first looking, even when having priority, is extremely dangerous and foolhardy


Shouldn't be though should it. If drivers and riders are exhibiting the right level of observation and care all that would happen is that the slow down and perhaps stop.


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PostPosted: Wed Jul 28, 2010 12:33 
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weepej wrote:
No, but I don't aim to hare past the crossing at nearly 40mph.

To be clear, no one is defending the driver!
Do you slow to less than 30mph? If not, aren't you risking killing people? (people still dies when struck at 30)


weepej wrote:
Steve wrote:
So even more people won't look properly before crossing?


No, ...

So yes! The words that followed it didn't support your rejection (a non sequiture) or properly address my question (evasion).

weepej wrote:
Steve wrote:
In terms of safety, would an enforced Jaywalking law give better safety?

I'd be happy with a jaywalking law, if we had pelican crossings every 100 meters or so.

Many streets already do. How about the best of both worlds: that law in force within 100m of a crossing?

So how about answering my question (requoted and highlighted): yes or no?

weepej wrote:
Steve wrote:
Walking into a road without first looking, even when having priority, is extremely dangerous and foolhardy


Shouldn't be though should it.

...but it is extremely dangerous and foolhardy!
So you're happy to rely entirely on the lights, and the ability of yourself and others to not misread them, and that you don't happen upon the criminal element (e.g. a police chase) or drivers like Ali, and cyclists not blowing through red lights? Get real Weepej!

weepej wrote:
If drivers and riders are exhibiting the right level of observation and care all that would happen is that the slow down and perhaps stop.

Stop for people who are walking past a crossing? I bet even you don't do that!

Show on other foot:
If walkers are exhibiting the right level of observation and care then perhaps they wouldn't walk into the path of a vehicle?

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PostPosted: Wed Jul 28, 2010 13:27 
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Steve wrote:
Stop for people who are walking past a crossing? I bet even you don't do that!


Er, no, I didn't even suggest that.

Being prepared to stop I said.

:loco:


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PostPosted: Wed Jul 28, 2010 13:28 
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Would weepej slow to below 30 mph if he encountered pedestrians alongside a road with a speed limit of 60 or 70 mph? Or people on the hard shoulder of a motorway? :scratchchin:

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PostPosted: Wed Jul 28, 2010 13:44 
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weepej wrote:
Does it matter if she did make "an error".


Well it may have cost her her life, so I would say it does.

If there is an accident it is far more important to try and prevent the same thing happening again than apportion blame.


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PostPosted: Wed Jul 28, 2010 14:01 
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PeterE wrote:
Would weepej slow to below 30 mph if he encountered pedestrians alongside a road with a speed limit of 60 or 70 mph? Or people on the hard shoulder of a motorway? :scratchchin:



I'd certainly be slowing down and be prepared to stop.

On a motorway I'd be pulling into L2 if possible.


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PostPosted: Wed Jul 28, 2010 14:12 
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Johnnytheboy wrote:
If there is an accident it is far more important to try and prevent the same thing happening again than apportion blame.

Indeed, as often said before, "'I had right of way' is no consolation if you're lying in the mortuary."

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PostPosted: Wed Jul 28, 2010 14:34 
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weepej wrote:
Being prepared to stop I said.

weepej previously wrote:
If drivers and riders are exhibiting the right level of observation and care all that would happen is that the slow down and perhaps stop.

That doesn't seem like the same description; perhaps != prepared. Do you want to be clearer from now on.?

weepej wrote:
:loco:

If you want to go there, I can always highlight the questions you've wantonly evaded! Are you trying to hide your cherry picking amonst your failed arguments?

So, do you always slow dwon to less than 30mph for folks who are walking past crossings? I think you answer (to PeterE) was actually 'yes'!

weepej wrote:
PeterE wrote:
Would weepej slow to below 30 mph if he encountered pedestrians alongside a road with a speed limit of 60 or 70 mph? Or people on the hard shoulder of a motorway? :scratchchin:


I'd certainly be slowing down and be prepared to stop.

Was that an answer to the first question (which I've emboldened)?

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PostPosted: Wed Jul 28, 2010 14:40 
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PeterE wrote:
Johnnytheboy wrote:
If there is an accident it is far more important to try and prevent the same thing happening again than apportion blame.

Indeed, as often said before, "'I had right of way' is no consolation if you're lying in the mortuary."

Twice I've already said on the forums (and I probably pinched that from someone else): "it is better to be safe than right"

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PostPosted: Wed Jul 28, 2010 14:40 
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Steve wrote:
Do you want to be clearer from now on.?



How clear can I be.

He should have been driving slower, and when approaching a crossing, certainly on flashing amber, he should have been prepared to stop in case anybody stepped onto it.

I don't know what's so difficult there.


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