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

[Ted Moffett]

I agree with your advice, but it is of course not practical.

If consistently following the advice "that the driver of a vehicle is
blissfully unaware of the massive energies they are purportedly in control
of" as you phrased it, while anyone is on the streets, crosswalks or
sidewalks, walking, running, bicycling, roller blading, skateboarding, etc.
there would no safe way to navigate many Moscow streets.  It would render
walking or bicycling etc. so full of hesitations and dangers as to be only
worth the effort if absolutely necessary.

A car is approaching a red light as you walk or bike across the intersection
on the crosswalk.  Of course they will stop.  No, every day people run red
lights "blissfully unaware."  Ditto for stop signs.  A car is signaling to
turn, so you pause and assume they will turn to cross the crosswalk you are
about to cross.  Or a car has no turn signal on, so you assume they will not
suddenly turn into your path on the sidewalk at a drive-in.  Reliable
assumptions?  No, people signal to turn and do not turn, or have no turn
signal on when they are about to turn, "blissfully unaware," every day.

Consider the stretch of sidewalk or bike lane along the north side of the
Pullman Hwy. from Line St. to  Perimeter Dr.  Given the bike path now is
blocked for construction, the primary routes west are either A St., the
Pullman Hwy, or 6th St through campus.  The most direct route from 3rd. and
Main west, is the Pullman Hwy.  There is drive-in after drive-in for the
numerous commercial establishments along this sidewalk, and given the
density of traffic on this street and in the parking lots, who might at any
moment decide to turn north into one of these drive-ins or suddenly exit
south, "blissfully unaware," there is no safe way to navigate this sidewalk,
for any human powered transport, perhaps unless you're an Olympic athlete.

The point of my post was that Idaho law appears to sometimes allow those who
"speed
down the road like the hounds of hell were after them sipping lattes and
talking on their cell phones." as you phrased it, the "benefit of the doubt"
(quote from legal website I referenced
http://www.lawnorthwest.com/PracticeAreas/Pedestrian-Car-Accidents.asp )
when they hit a pedestrian.

The law could be more aimed at responsibility for the drivers of motor
vehicles to avoid pedestrians, or anyone using human powered transport, in
crosswalks or sidewalks, given the physics of who will cause injury in this
circumstance, the speed of motor vehicles, and the lighting capabilities of
motor vehicles to view where they are headed.  This is not to say that
reckless unlawful behavior by those using human powered transport should be
overlooked.

But the law could be more emphatic that drivers of motor vehicles should
yield to pedestrians or bicyclists etc. in crosswalks or sidewalks; thus if
overall visibility is not sufficient to see the occupants of a crosswalk or
sidewalk, either day or night, the driver of the motor vehicle should pause
to obtain a better view of the sidewalk or crosswalk.  Cars/trucks have
bright headlights that can illuminate a sidewalk or crosswalk at night, or
during the day in fog or dust.  They thus have greater means to slow down
and be cautious they are not about to hit someone.  I've never seen a
pedestrian or bicyclist with the lumen capability of a car or truck (though
of course everyone engaging in human powered transport should carry lights
at night or in impaired visibility in daylight).  Also, a pedestrian or
bicyclist is usually limited in how fast they can move out of the way of a
impending collision with a motor vehicle, that given the speed limit common
in Moscow, could be crossing a sidewalk or crosswalk at 25 mph or faster,
far faster than most people who are using human powered transport. These
facts indicate the driver of a motor vehicle should bear considerable
responsibility when crossing crosswalks or sidewalks to take caution they
are not endangering the public.

http://www.lawnorthwest.com/PracticeAreas/Bicycle-Car-Accidents.asp

Quote below from website above:

"There is little question that car drivers are becoming more aggressive
toward bicycles on our roads. There are some documented cases, in fact,
where the car driver even admitted to crowding the biker off the shoulder on
purpose."

------------------------------------------

Vision2020 Post: Ted Moffett
On 2/9/10, Paul Rumelhart <godshatter at yahoo.com> wrote:
>
> 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
>> ------------------------------------------------------------------------
>>
>> =======================================================
>>  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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