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Re: Driving Pet Peeves



On Fri, 16 Jun 1995, Tom Holub wrote:

> In article <3rs0h2$ik4@park.rdcs.kodak.com>,
> KP <batten@newsserver.rdcs.Kodak.COM> wrote:
> )In article <3rq805$o78@gap.cco.caltech.edu> bradley@seismo.gps.caltech.edu (Brad Woods) writes:
> )
> ) Its not uncommon for them critters to come flying through the     
> )windshield.. BUT, there are other ways of suffering damage. EVEN if you are
> )in the wrong (I know thats impossible because ONLY car drivers can be in the
> )wrong.. right?) if the police blotter says the bicycle was completely at fault,
> )all witnesses say the biker was at fault, the BICYCLST says he was at fault,
> )guess who gets to pay the medical bills.
> 
> The bicyclist, or rather, his insurance company, if any.
> 
> ) Guess who stands the chance of getting
> )sued...
> 
> If you are not at fault, you cannot be successfully sued.
> 
> )  I'm not saying this is gosple in all states, but.. from what I've been told,
> )while a biker is to be treated like any other vehicle on the road, when they
> )are in an accident they are treated as a pedistian.
> 
> This is not true.
> 
> ) From personal experience
> )I know what our state says about auto vs. pedistrian accidents, even when 
> )as stated above EVERY one says there was no way possible for the auto to avoid
> )the accident and it was 100% the pedestrians fault.
> 
> This is also not true; in fact it's contradicted even in the vehicle code.
> See 21950(b):
> 
> 21950.  (a) The driver of a vehicle shall yield the right-of-way to
> a pedestrian crossing the roadway within any marked crosswalk or
> within any unmarked crosswalk at an intersection, except as otherwise
> provided in this chapter.
>    (b) The provisions of this section shall not relieve a pedestrian
> from the duty of using due care for his or her safety.  No pedestrian
> shall suddenly leave a curb or other place of safety and walk or run
> into the path of a vehicle which is so close as to constitute an
> immediate hazard.  No pedestrian shall unnecessarily stop or delay
> traffic while in a marked or unmarked crosswalk.
>  -Tom
> 
> 

Tell that to the McDonald's that paid millions to someone who spilled 
coffee on her self.  Laws and jury decisions don't always see eye to eye.
  


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