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Originally Posted by Fredman
Driver said she was watching the white line and police said she was inattentive. No mention of sun glare. I don’t care which wat she was walking the driver was at fault.
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Originally Posted by ajbrown
Spot on, pretty simple IMO.
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Originally Posted by Fredman
If the cart driver was paying attention the accident could have been avoided. You hit a pedestrian you are at fault period
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Originally Posted by GoodLife
Actually not always, there are several cases in which the pedestrian can be at fault.
Jaywalking or crossing outside of the cross walk
Crossing against traffic control signals
Crossing freeways/highways and other road ways without traffic controls, and
In a non-emergency situation, walking along freeways, highways, bridges, and other areas where pedestrian access is prohibited by law.
I believe Florida is a "comparative negligence" state. This means that in a lawsuit, both driver and pedestrian can be ruled to have a percentage of total fault. In this sad case, the walker should have been on sidewalk, and the driver was not attentive. A judge might rule they both have 50% responsibility.
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Both the pedestrian and the driver were at fault. Presuming that we were to place all of the blame on the golf cart driver and allow that the pedestrian was "right", unfortunately she would have been "dead right". Cold sounding? Maybe, but about the only reasons I can see a pedestrian walking in the road (when a sidewalk is present) is if there is a dog in their path (and they are afraid of or perceive that the dog is aggressive) or if there is a sprinkler system going off that is spraying onto the sidewalk. The pedestrian then has the responsibility to stop and wait for the roadway to be clear before stepping off the sidewalk and then should get back on the sidewalk ASAP once they pass the issue. Walking with your back to oncoming traffic assumes your safety, it doesn't own your safety. A tragedy? Yes. Avoidable? Heck yes.
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Originally Posted by CFrance
Another fact was that she was walking not facing traffic. It was a horrible set of circumstances. Too sad for her, the friends walking on the sidewalk next to her, and for the woman driving the golf cart, whose lives are now changed forever.
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I feel more for her friends and relatives as cold as it sounds. She made a decision to place her life on the line by not using the sidewalk and compounding that decision by not facing traffic and paying attention when she was walking. I am by no means absolving the golf cart driver for her part in this tragedy.
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Originally Posted by dirtbanker
The elephant in the room: a person old and blind, with the "50 second delay that afflicts so many, that should not be behind the wheel of any vehicle...ran over a pedestrian and killed her!
Sent from my SAMSUNG-SM-G890A using Tapatalk
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Where did you see that this driver was "old and blind" and should not have been behind the wheel? I haven't seen anything like that reported. Driver inattentiveness, yes, but why mislead with what appears to be non-factual information?