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PostPosted: Wed Jul 28, 2010 17:02 
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weepej wrote:
If I was swinging my hobnailed boot around in the staff room and hit you up the arse I'd fully expect you to blame me.

Not if it was obvious and you had given adequate warning, the hitee had unreasonably ignored instructions or safeguards and didn't look where they were going.

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PostPosted: Wed Jul 28, 2010 17:57 
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Steve wrote:
weepej wrote:
If I was swinging my hobnailed boot around in the staff room and hit you up the arse I'd fully expect you to blame me.

Not if it was obvious and you had given adequate warning, the hitee had unreasonably ignored instructions or safeguards and didn't look where they were going.


I just don't buy that.

When I'm in my car/on my cycle it's my job not to hit people in the road, regardless of what they are doing.


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PostPosted: Wed Jul 28, 2010 18:00 
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Tut tut weepej. You know that thing about when you’re in a hole stop digging?


So then, there are mitigating circumstances too of course. You were...

On drugs or drunk

Not taking medication

Mistaken identity

It’s not as black or white as you would like to think but in your very own words you said, and I quote “If I was swinging my hobnailed boot around in the staff room and hit you up the arse I'd fully expect you to blame me”.

Still think it’s entirely your fault? I would not want you on a jury.

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PostPosted: Wed Jul 28, 2010 18:44 
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Big Tone wrote:
I agree if she was on an island that it would make it much more obvious to any driver of her intentions.


It may not have been so obvious. Go here to see a Google StreetView of the crossing.
Given the positions of the railings and traffic light poles, it's quite conceivable that she may have been hidden from view until the moment she stepped into the road.
I agree that the driver should have exercised more caution, however the pedestrian should not have stepped into the road. From the Highway Code:
Quote:
22
Pelican crossings. These are signal-controlled crossings operated by pedestrians. Push the control button to activate the traffic signals. When the red figure shows, do not cross. When a steady green figure shows, check the traffic has stopped then cross with care. When the green figure begins to flash you should not start to cross. If you have already started you should have time to finish crossing safely.


Imagine for a moment if, at the moment she stepped into the road, there had been a bus or lorry doing 10mph, and positioned where the little black car is in the StreetView. I can't see that the outcome would have been any different - although, in that case, nobody would have been blaming the driver.

I think that it also needs to be said that the light sequencing at pelican crossings ought to be changed. Having them change to flashing amber at the same time as they change to flashing green for the pedestrian really doesn't give much margin for error.

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PostPosted: Wed Jul 28, 2010 19:26 
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I meant to add:

There are so many different possible scenarios:
The driver may have been more cautious or maybe less so, he may have been going slower, or faster, he may have been closer to the crossing, or further away, he might have been driving a bus, lorry or bike, even a horse and carriage for that matter.
Any number of these possibilities may or may not have made a significant difference to the outcome.
The only one factor which would have positively prevented the accident, regardless of all the other possibilities, is if she had looked before stepping out.

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PostPosted: Wed Jul 28, 2010 19:54 
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Nicely put Pete and hard to argue against, although there are always some who will...

The trouble is that it may look or come across as uncaring or unsympathetic towards that poor woman when nothing could be further from the truth!

But in truth, she could have saved herself from that fate and all the dreadful consequences just as someone could by not drinking, not taking drugs, not exercising or eating the right foods, not mingling with the wrong sort - etc. etc.

There are events in life which are out of our control and others which most certainly are.

If she had lived as we all here so dearly wish she had, including the driver I'm sure, I don't know whether she would place the blame squarely on that driver but I would like to think, as I have seen with so very many patients in my job, she may well have said "if only I...."

And that is the sad truth :cry:

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PostPosted: Wed Jul 28, 2010 20:21 
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She had started to cross that part of the road after the green man to pedestrians had begun to flash. Mr Ali hit her while the lights to motorists were still flashing amber.
A quick look at all the DfT Highway Code, rules below show us that in all cases care must be taken :
DfT Highway Code : wrote:
20
Where there is an island in the middle of a zebra crossing, wait on the island and follow Rule 19 before you cross the second half of the road – it is a separate crossing.

21
At traffic lights. There may be special signals for pedestrians. You should only start to cross the road when the green figure shows. If you have started to cross the road and the green figure goes out, you should still have time to reach the other side, but do not delay. If no pedestrian signals have been provided, watch carefully and do not cross until the traffic lights are red and the traffic has stopped. Keep looking and check for traffic that may be turning the corner. Remember that traffic lights may let traffic move in some lanes while traffic in other lanes has stopped.
At traffic lights, puffin and pelican crossings

22
Pelican crossings. These are signal-controlled crossings operated by pedestrians. Push the control button to activate the traffic signals. When the red figure shows, do not cross. When a steady green figure shows, check the traffic has stopped then cross with care. When the green figure begins to flash you should not start to cross. If you have already started you should have time to finish crossing safely.

23
Puffin crossings differ from pelican crossings as the red and green figures are above the control box on your side of the road and there is no flashing green figure phase. Press the button and wait for the green figure to show.

24
When the road is congested, traffic on your side of the road may be forced to stop even though their lights are green. Traffic may still be moving on the other side of the road, so press the button and wait for the signal to cross.

25
Toucan crossings are light-controlled crossings which allow cyclists and pedestrians to share crossing space and cross at the same time. They are push-button operated. Pedestrians and cyclists will see the green signal together. Cyclists are permitted to ride across.
Toucan crossings can be used by both cyclists and pedestrians

26
At some crossings there is a bleeping sound or voice signal to indicate to blind or partially sighted people when the steady green figure is showing, and there may be a tactile signal to help deafblind people.


Odin wrote:
... if she had paid attention to the road whilst crossing she'd still be here, also if the driver had given full attention he would have noticed a dozey pedestrian jaywalking and she'd still be here. Perhaps this is a step to making it clear that we ALL have a responsibilty to road safety, not just motorists.
In principal I agree but not that we can be sure that she woudl still 'be here' 'if' .... we cannot be sure, there is a 'probability' that she might be.
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.
If green man was
flashing after she had started to cross then she ought to have had time to cross as it will be a Pelican Crossing (22); if before she started to cross then she need to be exceptionally careful and fast, but traffic too should have allowed for her tardy behaviour in reality. This wasn't like he started moving into her, but was already going too fast for conditions. He failed to anticipate the possible actions, or ignore the possibility of a hazard etc. It was her lack of care, and his lack of awareness, anticipation or recognition of a possible developing hazard that caused the accident.

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PostPosted: Wed Jul 28, 2010 20:30 
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Big Tone wrote:
The trouble is that it may look or come across as uncaring or unsympathetic towards that poor woman when nothing could be further from the truth!


I'm far from unsympathetic. I sincerely wish that nobody else suffers the same fate as that poor girl.

Quote:
There are events in life which are out of our control and others which most certainly are.


Ain't that the truth. The world is fraught with danger at every turn, and, if we're unlucky, we become victims.
The number of deaths brought about by a moment's carelessness at the top of the stairs is comparable to the number of road deaths, for example.
Hell, you can even roll off the bed in your sleep, break your neck and never wake up.

Quote:
If she had lived as we all here so dearly wish she had, including the driver I'm sure, I don't know whether she would place the blame squarely on that driver but I would like to think, as I have seen with so very many patients in my job, she may well have said "if only I...."

And that is the sad truth :cry:


How many times have we all said, "if only..."

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PostPosted: Wed Jul 28, 2010 21:21 
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weepej wrote:
Steve wrote:
weepej wrote:
If I was swinging my hobnailed boot around in the staff room and hit you up the arse I'd fully expect you to blame me.

Not if it was obvious and you had given adequate warning, the hitee had unreasonably ignored instructions or safeguards and didn't look where they were going.


I just don't buy that.

Why not? If the hitee is aware the boot is swinging around, and there is clear instruction to not enter the area, and the incoming boot is very obvious (like the size of a car), does the hitee really not shoulder any responsibility when putting themselves in the path of the boot?

weepej wrote:
When I'm in my car/on my cycle it's my job not to hit people in the road, regardless of what they are doing.

It is your responsibility to do whatever you reasonably can to avoid killing someone (regardless of what you are doing); the issue here is when other people are acting unpredictably. It is other people's responsibility to ensure others know their intent when interacting with them (especially within a risky environment), as well as not straying in harm's way.
Bum information in > unintended consequences out

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PostPosted: Thu Jul 29, 2010 19:39 
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Once again chief Weepej has derailed the thread away from the simple fact that if this girl had looked, and paid attention she would still be here today.

Instead he has cherry picked minute points to prove that speed is the problem. Sorry Weepy - you are way too transparent for me.


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PostPosted: Thu Jul 29, 2010 20:10 
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Pete317 wrote:
Big Tone wrote:
The trouble is that it may look or come across as uncaring or unsympathetic towards that poor woman when nothing could be further from the truth!
I'm far from unsympathetic. I sincerely wish that nobody else suffers the same fate as that poor girl.

Not that I needed to say so, I'm sure, but that was not aimed at you of course Pete. My fear is that anyone who is analytical of a situation and 'tells it as it is' is often demonised which is neither useful nor constructive. If you can't tell the truth you are never going to find a solution. The truth is she was captain of her own ship, master of her own destiny and he was equally irresponsible IMHO.

Odin wrote:
Once again chief Weepej has derailed the thread away from the simple fact that if this girl had looked, and paid attention she would still be here today.

Instead he has cherry picked minute points to prove that speed is the problem. Sorry Weepy - you are way too transparent for me.
:clap:

And we all see it, except himself. Maybe he does it just to get a rise out of posters; it's certainly not reasoned logic. Each to their own I guess...

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PostPosted: Thu Jul 29, 2010 20:19 
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Odin wrote:
Once again chief Weepej has derailed the thread away from the simple fact that if this girl had looked, and paid attention she would still be here today.

Instead he has cherry picked minute points to prove that speed is the problem. Sorry Weepy - you are way too transparent for me.



And if the driver had been paying proper attention she'd be alive today.

Suffice to say I think the driver had the biggest responsibility, being that if she walked into the side of the car all it might have received a small small dent, but as it was the car went into the side of her, and she's dead.


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PostPosted: Thu Jul 29, 2010 20:19 
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Big Tone wrote:
it's certainly not reasoned logic.


Are you kidding?


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PostPosted: Thu Jul 29, 2010 20:20 
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Big Tone wrote:
Not that I needed to say so, I'm sure, but that was not aimed at you of course Pete.


Perish the thought. Couldn't have been further from my mind. :wink:

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PostPosted: Thu Jul 29, 2010 20:32 
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Steve wrote:
jaywalking


Do you think if it was actually illegal for her to step out she wouldn't have done it?

Speeding illegal, doesn't stop people doing it.

You see, with the introduction of a jaywalking law all I can see is you wanting to make it her fault, i.e. girl killed, she walked into the road when she shouldn't have, sweep her body to the side and let the nice car driver on his way after all it was her that broke the law...

Disgusting frankly.




Moderator message: this post has been moved into this thread from this one.


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PostPosted: Thu Jul 29, 2010 20:41 
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weepej wrote:
And if the driver had been paying proper attention she'd be alive today


There's no guarantee of that. Anyone or anything might have been coming along the road - it just happened to be him, and he happened to be not paying sufficient attention, and just happened to be in the wrong place at the wrong time.

The only thing which would have guaranteed her safety is if she had been paying proper attention.

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PostPosted: Thu Jul 29, 2010 20:45 
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Pete317 wrote:
The only thing which would have guaranteed her safety is if she had been paying proper attention.


I do know this I don't know why it keeps getting repeated, but I don't think that excuses the driver who should have been ready for this sort of eventuality, especially on a ped crossing, near a tube station when the light was flashing amber.

It's not hard.


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PostPosted: Thu Jul 29, 2010 21:04 
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He twists and turn but still makes no sense. The driver has recieved a punishment, that is not in dispute. So a simple yes or no Weepej, would the girl still be here today if she had paid attention?


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PostPosted: Thu Jul 29, 2010 22:12 
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Odin wrote:
He twists and turn but still makes no sense. The driver has recieved a punishment, that is not in dispute. So a simple yes or no Weepej, would the girl still be here today if she had paid attention?


Maybe, maybe not. She might have stepped out assuming the driver was going to stop.

For sure though the driver was well out of order.

I don't see how her actions have anything to so with this, she should not have been run over.


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PostPosted: Thu Jul 29, 2010 22:15 
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Odin wrote:
would the girl still be here today if she had paid attention?

The young lady would still be here if she had paid attention.
The young lady would still be here if the the driver had acted correctly.
The difference is that the young lady was not breaking any laws whereas the driver was.

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