APD officer hits pedestrian but has an excuse (Austin, Roma: codes, law)

[TexasHorseLady]

So, verybadgnome, suppose you make an error and bump a pedestrian, then do everything right after that (stopping and rendering aid, calling 911 and getting medical care for the pedestrian, etc.). What would be an appropriate punishment for you?

[verybadgnome]

Originally Posted by TexasHorseLady

So, verybadgnome, suppose you make an error and bump a pedestrian, then do everything right after that (stopping and rendering aid, calling 911 and getting medical care for the pedestrian, etc.). What would be an appropriate punishment for you?

First of all he did more than just "bump" a pedestrian.

Second, are you answering my question to you with a question of your own? How lawyerly of you.

If it results in something less than a fatality, a charge along the lines of "failure to yield right of way resulting in bodily injury" would be appropriate. This should be more than a misdemeanor.

If it results in death then the charge should be "vehicular manslaughter," unless of course an act of God or the other party's action was a contributing factor.

And as an anecdote to this I ride my bike more than I drive my car. Maybe that's why I don't see giving drivers a free pass. I also realize that when I make a mistake on my bike the driver will never suffer, but if it is the other way around I will suffer.

[TexasHorseLady]

If you actually read with your brain rather than your knee(jerk), you'll see that no one is advocating "giving drivers a free pass".

If you make a mistake on your bike, BOTH of you will suffer, just as if the driver makes a mistake, BOTH of you will suffer. Perhaps you've never been in a situation, or known someone in a situation, where you were the driver and someone was hurt as a result of your mistake, and are also unable to imagine what that does to someone's life even if nothing else happens to them, but rest assured it's not "nothing".

Should there be consequences? Absolutely. Should they be strung up by their toes no matter what the circumstances (which seems to be the attitude of some here)? No, I don't think so. And I say this having been a personal injury plaintiff's attorney's legal assistant for some years, and having seen probably a whole lot more than you ever will of this kind of thing.

[verybadgnome]

Originally Posted by TexasHorseLady

If you actually read with your brain rather than your knee(jerk), you'll see that no one is advocating "giving drivers a free pass".

If you make a mistake on your bike, BOTH of you will suffer, just as if the driver makes a mistake, BOTH of you will suffer. Perhaps you've never been in a situation, or known someone in a situation, where you were the driver and someone was hurt as a result of your mistake, and are also unable to imagine what that does to someone's life even if nothing else happens to them, but rest assured it's not "nothing".

Should there be consequences? Absolutely. Should they be strung up by their toes no matter what the circumstances (which seems to be the attitude of some here)? No, I don't think so. And I say this having been a personal injury plaintiff's attorney's legal assistant for some years, and having seen probably a whole lot more than you ever will of this kind of thing.

A misdemeanor is basically a free pass. 1/2% of someone's annual salary(the fine) for almost killing someone is laughable. The mental anguish of a driver who kills someone is not nearly as much as the family of the victim, much less the victim. Point being is that drivers are not at risk to bodily injury but cyclists and pedestrians very much are.

And I never said there can't be extenuating circumstances but with the APD accident cited can you find any? If not what should the charge be then?

Yes I'm sure you have seen a lot on the legal end, but how much time have you spent behind the wheel compared to being a cyclist or pedestrian on public roadways? This is where the root of much of the bias of our judicial system lies. We feel bad for the drivers since the majority of the population gets behind the wheel, but not so much for the pedestrian since the only times most are in that category is in the HEB/Lowes/Target parking lot. And of course most of the population do not ride bikes on roadways on a regular basis. The implication that I read into the consensus of the majority's attitude is that if someone gets around other than auto they are making themselves not only physically vulnerable, but give up legal recourse in the case of an "accident." It shouldn't be this way simply as a fairness issue.

Now that we have decided to throw the book at DUI/DWI drivers the concept should be expanded to all operators of heavy roadway machinery who demonstrate negligence that results in bodily harm, regardless of whether the victim was on foot, pedal or in another vehicle.

[eileenkeeney]

I think pedestrians should get tickets if they don't follow the Pedestrian laws.

As someone who walks a lot, I think that there is a serious lack of cross walks in this city. Downtown has plenty, but other areas do not.

If I have to walk over 2 blocks to the nearest cross walk, I am not likely to.

[verybadgnome]

Originally Posted by owlman

It does seem like there are more deaths this year from people trying to cross I-35 or MoPac at night and other jaywalkers (maybe local news is just reporting them more).

Of course there were some high profile ones recently where the driver was at fault... the Wheatsville SUV lady, Town Lake Trail curb-hopper, toddler in the apartment parking lot, young Apple employee walking his bike along 183, Circle C deaf jogger all come to mind.

Does anyone know if any of the cases cited by owlman have been dropped or have gone forward?

[owlman]

Originally Posted by verybadgnome

Does anyone know if any of the cases cited by owlman have been dropped or have gone forward?

According to the Travis County court docket search https://publiccourts.co.travis.tx.us/dsa/default.aspx , they all have assorted pre-trial hearings coming up soon (I'm not sure what the various hearing codes mean).

Also, I should have said "allegedly" at-fault, and, "alleged by me" because some are only charged with hit and run.


Wheatsville... Linda Woodman 8/10 MANSLAUGHTER, AGG ASSAULT W/DEADLY WEAPON

Town Lake Trail... Joseph Rosales 8/2 FAIL TO STOP AND RENDER AID, MANSLAUGHTER, AGG ASSAULT W/DEADLY WEAPON, ACCIDENT INVOLVING SBI/DEATH
Looks like he's in jail on at least $125k bond for that and some weapons charges.

Toddler hit-and-run... Phillip Luna 8/2 DRIVING WHILE INTOXICATED 2ND, FAIL TO STOP AND RENDER AID

Apple employee on 183... Michael Eggenberger 8/9 FAIL TO STOP AND RENDER AID

Deaf jogger... Roman Turullos-Gonzalez 7/30 FAIL TO STOP AND RENDER AID

[veloman777]

I saw this video, and thought it was ridiculous the cop wasn't looking where he was going.

Unrelated, but I've noticed this: When you have a "Don't Walk" signal, that means don't walk. Why does anyone think otherwise? Every time I bike down Congress there are people walking/falling/standing in the right lane when I have a green light.

Of course, if it's clear, I don't think you should get ticketed for crossing. But you take that responsibility - if you f up, it's your fault.

[G Grasshopper]

Originally Posted by verybadgnome

Okay but what if the pedestrian had died?

What about the medical expenses, pain/suffering, and missed work of the victim?

APD was already forgiven when one of their troopers blind-sided a motorcyclist while the officer was again on their laptop. Steps were supposedly taken so it would not happen again but of course it just did.

Sorry but a mere citation does not set an example, it just says if you hurt someone and you were in the wrong pay a few bucks and keep on driving.

First, I have to say that you are entitled to your opinion, as am I. If you feel more harshly toward this guy than I do, that's fine with me. Neither of us, after all, are going to actually be responsible for his punishment. My thought is that it is useless to say "what if the person had died" because this was such a low velocity accident that it would have been very unlikely that anyone would have been killed. So that question is way too hypothetical. As far as medical expenses, etc., the medical liability of the police forces insurance should pick that up (in my opinion - I have no idea what the reality is here.) I don't believe in "setting an example." I believe the punishment should fit the crime in all cases, and no one, not even a policeman, should be selected out to get more punishment in order to be made an example of. I think the cop should get the same citation that you or I would have gotten if we had done the same thing. But I am not a judge. I don't know much about fixing the amount of punishment, so I will just leave it at that. I hope the pedestrian is back on her feet and healing well.

[Jennibc]

Originally Posted by TexasHorseLady

This makes me wonder why. Are cars not yielding to pedestrians when the pedestrian has the right of way? Are people from states where the pedestrian ALWAYS has the right of way just walking out in front of cars assuming they'll yield just like they do where they came from? What's going on? 19 people in six months is a LOT of deaths for that reason.

Seriously? You are somehow questioning whether this is a transplant issue? Is there no topic where you won't get in a dig at transplants that expect things to be like where from which they came?