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View Poll Results: Should there be a 3-ft law or similar for yielding to pedestrians?
Yes 8 42.11%
No 11 57.89%
Voters: 19. You may not vote on this poll

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Old 11-05-2014, 08:25 PM
 
Location: Seattle, WA
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Quote:
Originally Posted by darkeconomist View Post
It is possible for a court to determine "fault" without putting the entire burden of due care on either the driver or the pedestrian.
Determining "fault" is a legal requirement and doesn't mean there's no personal responsibility on the part of the "victim." Most accidents or near accidents will involve some lapse of due care on both sides of the coin.

My original point was that a 3-foot law would establish a concrete, objective criterion that can be used as guidance to determine fault, or back up an officer's ticket, IN COURT (given some kind of evidence like a dash or body cam or intersection cam). That way an officer can feel confident that it's worth his/her time to write that ticket, and motorists perhaps less inclined to push the limit, since it won't get thrown out in court because "hey, I didn't hit the guy."
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Old 11-05-2014, 08:50 PM
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Location: Long Island / NYC
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How? A bicyclist is in the road, a pedestrian is usually not. If a pedestrian gets hits hit on the sidewalk or on the edge of the shoulder / grass off the road, the driver is at fault because the driver drove where he's not supposed to drive. The only time a pedestrian is in the road is crossing, not sure how a 3 foot rule would help. The car either stops for the crossing. Or doesn't. And then there are a right of way issues at the crossing.
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Old 11-06-2014, 04:57 AM
 
Location: Where my bills arrive
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[quote=nei;37166034]How? A bicyclist is in the road, a pedestrian is usually not. If a pedestrian gets hits hit on the sidewalk or on the edge of the shoulder / grass off the road, the driver is at fault because the driver drove where he's not supposed to drive. The only time a pedestrian is in the road is crossing, not sure how a 3 foot rule would help. The car either stops for the crossing. Or doesn't. And then there are a right of way issues at the crossing.[/QUOTE]

Pedestrians (those using their feet to move) are frequently in the road as joggers even when sidewalks do exist in the area. These are the main people that the law if feasible that would be affected, also outside of cities/towns people may be walking along side the road because there is no sidewalk/grassy median.
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Old 11-06-2014, 01:03 PM
 
2,553 posts, read 2,005,048 times
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Quote:
Originally Posted by hurricaneMan1992 View Post
Determining "fault" is a legal requirement and doesn't mean there's no personal responsibility on the part of the "victim." Most accidents or near accidents will involve some lapse of due care on both sides of the coin.

My original point was that a 3-foot law would establish a concrete, objective criterion that can be used as guidance to determine fault, or back up an officer's ticket, IN COURT (given some kind of evidence like a dash or body cam or intersection cam). That way an officer can feel confident that it's worth his/her time to write that ticket, and motorists perhaps less inclined to push the limit, since it won't get thrown out in court because "hey, I didn't hit the guy."
Given the importance of context, I doubt any law could be written that would establish one criterion to rule them all. A 3' buffer law would simply be an additional item to check on the flow chart. Was the pedestrian doing something legal? Did the driver give the pedestrian a 3' buffer?
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Old 11-06-2014, 06:49 PM
 
Location: Seattle, WA
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Quote:
Originally Posted by darkeconomist View Post
Given the importance of context, I doubt any law could be written that would establish one criterion to rule them all. A 3' buffer law would simply be an additional item to check on the flow chart. Was the pedestrian doing something legal? Did the driver give the pedestrian a 3' buffer?
Agreed. If the pedestrian darts out directly in front of you from between parked cars and you're able to avoid hitting them but not by 3 feet, there's no reason you should be cited. 3 ft would apply when a pedestrian is on the road legally crossing (or walking along the edge of the road where there is no usable walkway or shoulder, as pointed out a couple posts above).

One important thing would be educating and training drivers to instinctively think: Bike/Pedestrian = 3 feet buffer, just like: red = stop. Whereas with the current standards you'd get a dozen different viewpoints depending on who you ask.
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