[Vision2020] one injured in bop-a-student crossing

Craine Kit kcraine at verizon.net
Tue Sep 23 14:03:20 PDT 2008


State law (given below) does not  give pedestrians unilateral right- 
of-way when crossing a highway (or street) nor are drivers expected  
to stop when a pedestrian is waiting to cross. On the contrary,  
pedestrians are expected to yield to drivers except when actually  
crossing the highway within a crosswalk. Even in that situation, the  
pedestrian is expected to behave as if he/see was driving a vehicle  
which was stopped at a "stop" sign.  (see 49-702(2)  and excerpt from  
49-807(1))

Perhaps everyone would be safer if we followed the common rules, not  
the ones Moscow has invented.

Kit Craine


TITLE  49 MOTOR VEHICLES
CHAPTER 7 PEDESTRIANS AND BICYCLES

49-702.  PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS.

(1) When traffic-control signals are not in place or not in operation  
the driver of a vehicle shall yield the right-of-way, slowing down or  
stopping, if need be, to yield to a pedestrian CROSSING THE HIGHWAY  
within a crosswalk.

(2)  NO PEDESTRIAN SHALL SUDDENLY LEAVE A CURB OR OTHER PLACE OF  
SAFETY AND WALK OR RUN INTO THE PATH OF A VEHICLE WHICH IS SO CLOSE  
AS TO CONSTITUTE AN IMMEDIATE HAZARD.

(3)  Subsection (1) of this section shall not apply under the  
conditions stated in section 49-704(2), Idaho Code.

(4)  Whenever any vehicle is stopped at a marked crosswalk or at an  
unmarked crosswalk at an intersection to permit a pedestrian to cross  
the highway, the driver of any other vehicle approaching from the  
rear shall not overtake and pass the stopped vehicle.

(5)  Except where otherwise indicated by a crosswalk or other traffic- 
control devices a pedestrian shall cross the highway at right angles  
to the curb or by the shortest route to the opposite curb.


49-704.  CROSSING AT OTHER THAN CROSSWALKS.
(1) Every pedestrian crossing a highway 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  
highway.

(2)  Any pedestrian crossing a highway at a point where a pedestrian  
tunnel or overhead pedestrian crossing has been provided shall yield  
the right-of-way to all vehicles upon the highway.

(3)  Between adjacent intersections at which traffic-control signals  
are in operation, pedestrians shall not cross at any place except in  
a marked crosswalk.

(4)  No pedestrian shall cross a highway intersection diagonally  
unless authorized by traffic-control devices. When authorized to  
cross diagonally, pedestrians shall cross only in accordance with the  
traffic-control devices pertaining to crossing movements.



49-803.  PEDESTRIAN-CONTROL SIGNALS.
Whenever a pedestrian-control signal showing the words "Walk" or  
"Wait"  or "Don't Walk" is in place, the signal shall indicate the  
following:

(1)  Flashing or Steady "Walk". A pedestrian facing the signal may  
proceed across the highway in the direction of the signal, but shall  
yield the right-of-way to vehicles lawfully within the intersection  
at the time the signal is first shown.

(2)  Flashing or Steady "Don't Walk" or "Wait".  No pedestrian shall  
start to cross the highway in the direction of the signal, but any  
pedestrian who has partially completed crossing shall proceed to a  
sidewalk or safety island while the "Don't Walk" or "Wait" signal is  
showing.


49-807.  STOP SIGNS AND YIELD SIGNS.
(1) . . . After having stopped, the driver shall yield the right-of- 
way to any vehicle in the intersection or approaching on another  
highway SO CLOSELY AS TO CONSTITUTE AN IMMEDIATE HAZARD during the  
time when such driver is moving across or within the intersection or  
junction of highways.





On Sep 23, 2008, at 8:51 AM, Sunil Ramalingam wrote:

> Joe,
>
> I started of compiling a list of statutes making my point, and then  
> I came across this:
>
> 49-721. BICYCLES ON SIDEWALKS. (1) A person operating a bicycle  
> upon and
> along a sidewalk, or across a highway upon and along a crosswalk,  
> shall yield
> the right-of-way to any pedestrian, and shall give an audible  
> signal before
> overtaking and passing a pedestrian or another bicyclist.
> (2) A person shall not operate a bicycle along and upon a sidewalk or
> across a highway upon and along a crosswalk, where the use of  
> bicycles is
> prohibited by official traffic control devices.
> (3) A person operating a vehicle by human power, or operating a  
> motorized
> wheelchair or an electric personal assistive mobility device upon  
> and along a
> sidewalk, or across a highway upon and along a crosswalk, shall  
> have all the
> rights and duties applicable to a pedestrian under the same  
> circumstances.
> So I'm wrong on this.  Bike riders do have all the same rights and  
> duties that pedestrians do in that circumstance.
>
> I still think they shouldn't sail out; having the right of way  
> doesn't change the Newtonian principles in play.
>
> Sunil
>
> > Date: Tue, 23 Sep 2008 11:34:53 -0400
> > From: joekc at roadrunner.com
> > To: sunilramalingam at hotmail.com
> > Subject: Re: [Vision2020] one injured in bop-a-student crossing
> > CC: vision2020 at moscow.com
> >
> > Don't bikers have the same right of way? In many of the cross  
> walks that I cross (usually on my bike) it says on the sign facing  
> drivers "Stop if intersection is occupied." I don't recall seeing any
> > restrictions about whether it is a bike or a pedestrian.
> >
> > Mind you, I don't just cross and I always assume that I don't  
> have the right of way, just to be safe.
> > I'm just wondering what the law is. And I'm not really talking  
> about this specific crosswalk, since
> > I never use it. I'm speaking in generalities.
> >
> > --
> > Joe Campbell
> >
> > ---- Sunil Ramalingam <sunilramalingam at hotmail.com> wrote:
> > >
> > > I see bike riders sailing out into the crosswalk as if they  
> have the same right of way as pedestrians.
> > >
> > > Sunil
> > >
> > > > Date: Tue, 23 Sep 2008 10:32:55 -0400
> > > > From: joekc at roadrunner.com
> > > > To: bevbafus at verizon.net
> > > > CC: vision2020 at moscow.com
> > > > Subject: Re: [Vision2020] one injured in bop-a-student crossing
> > > >
> > > > This pedestrian crossing is a total mess. The problem is that  
> half the people stop and half of them don't.
> > > >
> > > > And the kids, thinking they will live forever, cross no  
> matter what!
> > > >
> > > > You are right, at the very least a traffic light is needed.
> > > >
> > > > --
> > > > Joe Campbell
> > > >
> > > > ---- Bev Bafus <bevbafus at verizon.net> wrote:
> > > > > Sorry for the flip name, but that is what my family calls  
> this very
> > > > > dangerous pedestrian crossing. I would like to see the City  
> of Moscow, the
> > > > > University of Idaho and the Idaho State Transporation  
> Department work
> > > > > together to solve this issue. Ideally, this would involve  
> construction of a
> > > > > pedestrian bridge over Highway 8 - or at a bare minimum, a  
> stoplight.
> > > > >
> > > > > The City created this mess by allowing all the apartments  
> on the north side
> > > > > of Highway 8.
> > > > >
> > > > > Bev Bafus
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > from the Lewiston Tribune---
> > > > >
> > > > > UI student seriously injured
> > > > > Victim airlifted to Spokane following car-pedestrian  
> accident Tribune
> > > > >
> > > > >
> > > > > Tuesday, September 23, 2008
> > > > >
> > > > > MOSCOW - A Coeur d'Alene man attending the University of  
> Idaho was severely
> > > > > injured when a car hit him in a Moscow crosswalk Monday  
> around noon, the
> > > > > Moscow-Pullman Daily News reported.
> > > > >
> > > > > James R. Hazelton, 20, is listed in satisfactory condition  
> at Sacred Heart
> > > > > Medical Center in Spokane, where he was airlifted after the  
> accident, Moscow
> > > > > Assistant Police Chief David Duke told the newspaper.
> > > > >
> > > > > Duke didn't return phone calls from the Lewiston Tribune  
> seeking details on
> > > > > the accident. Duke told the Daily News that Pullman  
> resident John P. Hunt,
> > > > > 85, struck Hazelton with a 1999 Dodge Intrepid. Hunt was  
> cited for failure
> > > > > to yield to a pedestrian.
> > > > >
> > > > > Off-duty Lewiston Tribune reporter David Johnson was  
> stopped at the
> > > > > crosswalk on West Pullman Road at the Stinker gas station  
> and witnessed the
> > > > > accident. Johnson said he saw Hazelton enter the crosswalk  
> walking south.
> > > > >
> > > > > The crosswalk's warning lights had been activated and other  
> motorists had
> > > > > stopped, but one car traveling about 30 mph kept going,  
> Johnson said.
> > > > >
> > > > > "It didn't brake and hit him," he said. "He flew up in the  
> air and
> > > > > cartwheeled at least once."
> > > > >
> > > > > Hazelton landed about 50 feet from where he was hit, said  
> Johnson, who
> > > > > immediately called 911 on his cell phone. He said Hunt  
> slowed and turned
> > > > > into the Tri-State store parking lot while bystanders and  
> motorists rushed
> > > > > to Hazelton's aid.
> > > > >
> > > > > Johnson said a police motorcycle unit was on the scene in  
> about a minute,
> > > > > and was quickly followed by other emergency personnel.
> > > > >
> > > > > Hazelton suffered massive leg trauma, Duke told the Moscow  
> newspaper. The UI
> > > > > directory lists Hazelton as a junior in the School of  
> Journalism and Mass
> > > > > Media.
> > > > >
> > > > > New warning lights and signs were recently installed at the  
> crosswalk to
> > > > > help protect pedestrians.
> > > > >
> > > > > =======================================================
> > > > > List services made available by First Step Internet,
> > > > > serving the communities of the Palouse since 1994.
> > > > > http://www.fsr.net
> > > > > mailto:Vision2020 at moscow.com
> > > > > =======================================================
> > > >
> > > > =======================================================
> > > > List services made available by First Step Internet,
> > > > serving the communities of the Palouse since 1994.
> > > > http://www.fsr.net
> > > > mailto:Vision2020 at moscow.com
> > > > =======================================================
> >
> =======================================================
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
>           mailto:Vision2020 at moscow.com
> =======================================================



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