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November 21, 2005
illegal pedestrians can ruin your whole day!
As one of my worst driving fears has always been hitting a pedestrian, this report in the Philadelphia Inquirer struck a nerve: Police said the men were driving south on the highway at about 2:30 a.m. when their car became disabled in the lefthand shoulder near the Girard Avenue exit.The problem with driving on a freeway or a turnpike is that there is no way to stop. Pedestrians have no right to be there, and there's a legal doctrine that one has the right to assume that other people will obey the law. So what the hell are you supposed to do when you're going 70 and some complete maniac runs out in front of you? It's like hitting a deer, except that hitting a deer only ruins your car and your evening. The psychological stress of hitting a person can ruin your life. The article also states that the "police are using clues from their disabled 1991 Plymouth to find the three who ran away and to identify the dead man." Clues? Didn't the car have license plates and registration? What kind of people carry no identification, abandon a car on an Interstate highway, and then run away from a companion who gets run over? I don't know, but I'd be willing to bet that if you were unlucky enough to have them run in front of you, whoever you hit would manage to find a lawyer. And don't think that the lawyer wouldn't be able to establish a theory of liability. All it takes is an allegation that the defendant was going faster than the ridiculous 55 mph limit which no one obeys. Sheesh! Next I suppose they'll use illegal pedestrians as an excuse to lower the speed limits. At the rate things are going, the East Coast will have to start putting up signs like this (which I thought had been limited to border areas in California, Arizona and Texas): AFTERTHOUGHT: Might it be "offensive" to call illegal pedestrians "illegal pedestrians"? UPDATE (11/23/05): The dead man has been identified, and police are looking for the driver: One of the men told police they ran because they were scared and did not know Molina had been hit, Golden said. Police say they know who was driving the Plymouth but have not been able to locate him.I doubt that it is "unclear" whether the car was properly registered, as the police have the VIN numbers and such things are a matter of public record. All the men were running from the scene of the first accident, and their claim that they didn't know their companion was hit strikes me as implausible. On many stretches of I-95, it would not be safe to pull over after hitting such a "pedestrian." Unless the driver had a cell phone, I think the only thing he could do safely would be to drive to the next exit, call the police from a pay phone, and wait. Pennsylvania law requires a mandatory one year minimum prison sentence for failure to stop at the scene of a fatal accident (judges are specifically not allowed to give probation or suspended sentences.) I doubt the driver will be turning himself in anytime soon. posted by Eric on 11.21.05 at 12:36 PM
Comments
Technically yes. Except I think this is worse than what we normally associate with jaywalking. The typical jaywalker is someone who crosses against a red light, or outside of the crosswalk. Freeways are inherently dangerous places that no one ever has the right to cross. This is more analogous to that crackpot who ran in front of the Grand Prix: Eric Scheie · November 21, 2005 03:17 PM If you are stuck on the freeway in a disabled vehicle, the appropriate thing to do is to put the hazards on and wait for someone to stop, preferably a police officer. Of course, that is if you DON'T have a cell phone with which to call for assistance. B. Durbin · November 21, 2005 09:24 PM B. Durbin: That's what I was thinking. That's what any driver I know would do. But something about these characters sounds so questionable that maybe they had some reason for preferring it not be a police officer who saw them. Maybe that's why they ran away. (I know, I know, G.K.C., I sound like that German. But these weren't philosopher-poets, I don't think....) Eric is right. Running across a freeway is like running in front of the Grand Prix. Anything stupid you can think of, somebody will say it or do it. Steven Malcolm Anderson the Lesbian-worshipping man's-man-admiring myth-based egoist · November 21, 2005 11:03 PM |
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Illegal pedestrians are known as "jaywalkers", or, in this kind of case, perhaps they should be called "jayrunners" or "jay-get-run-overs". It's dangerous.