<div>I agree with your advice, but it is of course not practical. </div>
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<div>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. </div>
<div> </div>
<div>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. </div>
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<div>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.</div>
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<div>The point of my post was that Idaho law appears to sometimes allow those who "speed <br>down the road like the hounds of hell were after them sipping lattes and <br>talking on their cell phones." as you phrased it, the "benefit of the doubt" (quote from legal website I referenced <a href="http://www.lawnorthwest.com/PracticeAreas/Pedestrian-Car-Accidents.asp">http://www.lawnorthwest.com/PracticeAreas/Pedestrian-Car-Accidents.asp</a> ) when they hit a pedestrian. </div>
<div> </div>
<div>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. </div>
<div> </div>
<div>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. </div>
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<div><a href="http://www.lawnorthwest.com/PracticeAreas/Bicycle-Car-Accidents.asp">http://www.lawnorthwest.com/PracticeAreas/Bicycle-Car-Accidents.asp</a></div>
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<div>Quote below from website above:<br>
<p>"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."</p>
<p>------------------------------------------</p>
<p>Vision2020 Post: Ted Moffett</p></div>
<div><span class="gmail_quote">On 2/9/10, <b class="gmail_sendername">Paul Rumelhart</b> <<a href="mailto:godshatter@yahoo.com">godshatter@yahoo.com</a>> wrote:</span>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">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.<br>
<br>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. <br>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.<br>
<br>Paul<br><br>Ted Moffett wrote:<br>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">
<div><span class="e" id="q_126b3788ff802489_1">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."<br>
The source for this legal information:<br> <a onclick="return top.js.OpenExtLink(window,event,this)" href="http://www.lawnorthwest.com/PracticeAreas/Pedestrian-Car-Accidents.asp" target="_blank">http://www.lawnorthwest.com/PracticeAreas/Pedestrian-Car-Accidents.asp</a><br>
------------------------------------------<br>Vision2020 Post: Ted Moffett<br></span></div>------------------------------------------------------------------------<br><br>=======================================================<br>
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