Legal Question: Jaywalkers.

[Daseal]

First let me start this by saying I hate jay walkers with a passion. When I'm a pedestrian in the city I calmly wait, on the sidewalk -- not half way in the road, for the little man to tell me to walk.

Where I work there is an intersection where nearly everyone walks early and have seen many, many close calls. I'm curious who would be at fault. This particular area has a corner that is often a blind right for motorists due to vehicles and buses parked outside this particular building. This is also an intersection where people feel entitled to walk about 10 seconds before their signal to walk comes up.

So is the motorist who's following all the rules of the road. Speed limit, blinker, etc at fault if he hits one of the jay walkers? I know if the person is on a bike and not following vehicle rules that there is little to no leniency, but I'm curious how it works with pedestrians that are jay walking.

[Hog1]

I think if you "could of, you should of" under the law. EVEN though the Dickhead Jaywalkers need a major.....ass-whippin', you can't run their stupid asses over as much as they desperately need it!
HOWEVER, if one of the unruly, Helll Bent for Leather, Jay walkers throws his ass under the wheels of your machine......act of God???

[SmootSmack]

Ask Donte Stallworth

[GMScud]

When I have to hit the brakes for someone who just decides to cross the street randomly nowhere near a crosswalk right in front of a moving car (live a day in DC and you see it a dozen times), I ALWAYS honk the horn. Eff you. Sidewalks are for peds, roads are for cars. Obey the damn rules.

It's like my ongoing beef with all the people who wear their fancy biker spandex in Rock Creek Park and on Beach Road and ride their bikes like they own the road. Why should I yield to you and/or get out of your way when you run every freaking stop sign and disobey all the rules cars have to obey?

[Daseal]

Originally Posted by GMScud

When I have to hit the brakes for someone who just decides to cross the street randomly nowhere near a crosswalk right in front of a moving car (live a day in DC and you see it a dozen times), I ALWAYS honk the horn. Eff you. Sidewalks are for peds, roads are for cars. Obey the damn rules.

It's like my ongoing beef with all the people who wear their fancy biker spandex in Rock Creek Park and on Beach Road and ride their bikes like they own the road. Why should I yield to you and/or get out of your way when you run every freaking stop sign and disobey all the rules cars have to obey?

Thank you! Bicyclists love the double standard of being treated like a car when it helps them, and being treated like a pedestrian if it helps them. Go buy your poor ass a car. If you're riding for fun, get the **** off the road.

I'm running for Congress on a pro hitting bicyclist and jaywalker campaign. Time for some REAL change in DC!

SS -- wasnt the guy Donte Stallworth hit a) In a crosswalk. b) Donte was drunk?

Hog1 -- These cars do everything in their power to avoid these people, and I haven't seen anyone hit... yet. Hell. People will wait, in the street, to cross where there's a blind turn.

[KLHJ2]

Originally Posted by GMScud

When I have to hit the brakes for someone who just decides to cross the street randomly nowhere near a crosswalk right in front of a moving car (live a day in DC and you see it a dozen times), I ALWAYS honk the horn. Eff you. Sidewalks are for peds, roads are for cars. Obey the damn rules.

It's like my ongoing beef with all the people who wear their fancy biker spandex in Rock Creek Park and on Beach Road and ride their bikes like they own the road. Why should I yield to you and/or get out of your way when you run every freaking stop sign and disobey all the rules cars have to obey?

Whats wrong with my "fancy biker spandex"?

JK I hate those guys on Beach Road too. Every Saturday and Sunday like clockwork.

[mredskins]

I have lived in a number of places through my years, jaywalking is seriously a issue in DC. Jaywalking is a culture in DC, it seems everyone does it. Especially down like near Metro Station and that area, it is awful.

[hooskins]

Jaywalking is dangerous, but when police start writing tickets I find it hilarious. Go stop a rapist, a speeder or a drug deal.

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[mredskins]

Originally Posted by hooskins

Jaywalking is dangerous, but when police start writing tickets I find it hilarious. Go stop a rapist, a speeder or a drug deal.

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Is it just comically now? Christ!

[SmootSmack]

The guy Donte hit was not in the crosswalk daseal

[saden1]

If they are jaywalking they are breaking the law therefore at fault but that doesn't preclude them from taking you to court with an ambulance chaser lawyer.

[over the mountain]

Whether you might be found negligent for a civil matter would depend on the good ole legal standard of "what would a reasonable person under the circumstances do". The reasonable person standard is used for almost all civil negligence matters. Violation of traffic law statutes such as speeding or jaywalking is evidence of negligence but the mere violation does not establish per se or clear breach of the reas person standard. Violation of the law would have to a contributing factor to the act of negligence.

Circumstances would include things like visibility at the intersection, clothing of the ped, spped of the vehicle, who had a green, last clear chance to avoid collision. Large trucks double parked right at the edge of intersections create many collisions/problems.

In Md a civil plaintiff can not be contributorily negligent so if you hit a jaywalker, most likely a jury/court would find the jaywalker cont negligent.

Also re bicyclists, i used to hate them for their double standard attitude of wanting respect as another vehicle on the road but then they turn into jaywalking peds at a red light. Under the MVA driving guidelines which i read/review every so often it states that a bicyclist must make every effort to not block/take up a lane and to be as far to the right of the lane as possible and follow all vehicle traffic laws.

So they cant take up the whole lane if it is reasonably safe for them to move over to the right side of the lane. While the MVA guidleines are not law, they are a good starting point for proper operation of a vehicle or bicycle and are avail online if you ever have a question.

[Monkeydad]

Pretty much every urban area gets these idiots. I work in a city and it's prevalent there too.

So it ignoring the "NO TURN ON RED" sign...so the level of stupidity between peds and drivers evens out.


I have actually BEEN HIT by a moron trying to make a right turn on red with the sign saying you can't present. Luckily he stopped when I punched his hood and I wasn't hurt because I was watching him inch up as I was in the crosswalk, walking legally within the lines with the WALK sign flashing.

Right after the incident, I thought to myself, "I had my keys in my hand, I wish I had scratched the heck out of his hood as he was pushing me with his front bumper." Instincts took over...I just wanted the moron to stop. I made sure I told him how stupid he was when he finally stopped.

I always wait...because there are idiots out there...but the thread is right, walkers can be idiots too.


Bottom line...there are IDIOTS EVERYWHERE!

[mredskins]

Originally Posted by Monkeydad

Pretty much every urban area gets these idiots. I work in a city and it's prevalent there too.

So it ignoring the "NO TURN ON RED" sign...so the level of stupidity between peds and drivers evens out.


I have actually BEEN HIT by a moron trying to make a right turn on red with the sign saying you can't present. Luckily he stopped when I punched his hood and I wasn't hurt because I was watching him inch up as I was in the crosswalk, walking legally within the lines with the WALK sign flashing.

Right after the incident, I thought to myself, "I had my keys in my hand, I wish I had scratched the heck out of his hood as he was pushing me with his front bumper." Instincts took over...I just wanted the moron to stop. I made sure I told him how stupid he was when he finally stopped.

I always wait...because there are idiots out there...but the thread is right, walkers can be idiots too.


Bottom line...there are IDIOTS EVERYWHERE!

Mayberry is not a city, FYI.

[Monkeydad]

Originally Posted by mredskins

Mayberry is not a city, FYI.

Maybe I should have used the term "ghetto".