Comments on: Hit by a motorcycle

By: Gasser Customs

Gasser Customs — Sun, 24 Mar 2013 11:14:21 +0000

OMG

By: Ty

Ty — Thu, 28 Jul 2011 05:49:04 +0000

i was there that night and saw it happen from the balcony of foreign cinema bar. how did he end up? very sad. be careful ya’ll.

By: matt

matt — Mon, 25 Jul 2011 22:37:51 +0000

It looks like the driver who doesn’t seem to care much is wearing a Google SRE jacket ..

By: david

david — Mon, 25 Jul 2011 04:48:36 +0000

Good catch

By: wabu

wabu — Sun, 24 Jul 2011 23:19:34 +0000

Well, you can clearly see that this is not in a crosswalk.

By: Sweet T, Esq.

Sweet T, Esq. — Sun, 24 Jul 2011 22:46:49 +0000

This statute in no way implies right of way for pedestrians at all times. What it says is that drivers must execute due care. Due care is basically acting in the manner in which a reasonably prudent driver would act under the circumstances. Any person performing any action has a similar duty to exercise due care. For example: pedestrians. While a driver’s duty may be slightly increased because of the inherently dangerous nature of the activity in which he or she is engaging, pedestrians are not relieved of their duty to execute due care when walking near traffic. And further, the reasonableness of a pedestrian who chooses to cross a four lane city street illegally in the middle of the block should be a serious question for any jury (except maybe in Berkeley). Every day I see pedestrians doing shit that would give a defense attorney a solid argument that he or she was not acting like a reasonably prudent person under the circumstances.

It’s not accurate to say that pedestrians always have the right of way. Regardless of how we feel about cars, they will continue to drive on our streets. Taking a morally superior posture and crossing the street in any way you choose, under the assumption that you’re protected by the law, might cause you a lot of pain with no legal remedy.

By: thanks

thanks — Sun, 24 Jul 2011 22:24:02 +0000

more words of wisdom please, captain obvious

By: Adam M

Adam M — Sun, 24 Jul 2011 21:28:26 +0000

According to the law, not the laws of physics. If somebody bolts out in front of you, you may not have time to stop. Sucks this guy got hit, and we don’t know the whole story here so it’s pointless to make guesses, but don’t assume that the motorcycler was riding out of control or acting crazy.

By: rightofway

rightofway — Sun, 24 Jul 2011 21:11:49 +0000

I’ll spare you actually looking up the law, and i’ll post it below. Pedestrians outside of crosswalks are supposed to yield to the right-of-way for traffic.. However drivers have a burden of always exercising due care for the safety of pedestrians.. in a crosswalk or not.. i.e. you have the right of way.. but if you hit a pedestrian in general it’s your fault. Basically don’t ever hit a pedestrian, and don’t hit the rear of any car.. you will always be ruled at fault because you are the one in control of the vehicle.

21954(a) CVC – Pedestrians Outside Crosswalk – Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. (b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

By: rightofway

rightofway — Sun, 24 Jul 2011 21:04:30 +0000

Even a drunk jaywalker has the right of way..

By: Superlesbian

Superlesbian — Sun, 24 Jul 2011 19:24:24 +0000

Accidents happen. When did the world start passing out safety guarantees?

By: GrizzledMission

GrizzledMission — Sun, 24 Jul 2011 19:24:23 +0000

Since it happened on Mission, I’m not sure we learned anything about Valencia!

By: Jack Nation

Jack Nation — Sun, 24 Jul 2011 17:59:59 +0000

I was just about to get all don’t-tread-on-me (pun intended) and say that pedestrians ALWAYS have the right of way, when I figured I’d just look it up here:

http://dmv.ca.gov/pubs/hdbk/right_of_way.htm

That’s when I found (spare you the read) that the only mention of pedestrians having the right of way is when they’re in crosswalks.

By: david

david — Sun, 24 Jul 2011 04:37:59 +0000

Well we don’t know the situation so let’s not assign blame. Could be that the victim or the rider or both had been drinking. Could be that the victim ran into the street, could be that the rider was going too fast, who knows. I think the lesson to be learned is that Valencia is a very busy street and to be cautious when you’re on it, either on foot, or on a bicycle, motorcycle, in a car, whatever.

By: chriskalani

chriskalani — Sun, 24 Jul 2011 03:06:32 +0000

Tumblr effed up the original post so I had to repost: http://chriskalani.com/post/7989182128