[Vision2020] Moscow Crosswalks or Sidewalks Safe for Bicycles/Pedestrians, According to Idaho Law?

Paul Rumelhart godshatter at yahoo.com
Tue Feb 9 08:02:57 PST 2010


While I'm sure I'll be lambasted on here for "blaming the victim", I  
think it's in a pedestrian's and bicyclist's best interest to assume 
that the driver of a vehicle is blissfully unaware of the massive 
energies they are purportedly in control of in their hardened steel cage 
with air bags, crumple zones, and other safety features as they speed 
down the road like the hounds of hell were after them sipping lattes and 
talking on their cell phones.  Stepping into a crosswalk without 
verifying that the driver of an approaching vehicle is at least aware of 
your existence is foolhardy.  That is not the time to assert your rights 
to that bit of the road.  The same reasoning applies when you observe a 
vehicle slowing down to turn into a driveway on the sidewalk you are on.

The same suggestion of heightened awareness also applies to 
motorcyclists, which are apparently invisible at times even when they 
are riding bikes the size of Volkswagons. 

Should it be that way?  No.  Definitely not.  However, if you would like 
to live another day, assume the worst when you are walking or biking around.

Paul

Ted Moffett wrote:
> I had made an assumption (!) that the presence of bicyclists or 
> pedestrians on sidewalks or crosswalks requires in most cases the 
> drivers of motor vehicles to yield.  Thus if a motor vehicle strikes a 
> bicyclist or pedestrian on a sidewalk or crosswalk, I assumed they are 
> almost always at fault (the laws regarding bicyclists requiring lights 
> at dark and pedestrians not requiring lights, are a factor, of course, 
> though it seems that pedestrians should also be required to carry 
> lights at night). 
>  
> In fact, according to the following source, "Under Idaho law, ..., the 
> car driver is often given the benefit of the doubt." 
>  
> So to anyone bicycling or walking on the sidewalks or crosswalks of 
> Moscow, remember, "Under Idaho law, ..., the car driver is often given 
> the benefit of the doubt. Your attorney will have to stand up to 
> insurance defense lawyers who will do everything possible to blame 
> you, the victim."
>  
> The source for this legal information:
>  
> http://www.lawnorthwest.com/PracticeAreas/Pedestrian-Car-Accidents.asp
> ------------------------------------------
> Vision2020 Post: Ted Moffett
> ------------------------------------------------------------------------
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