[GoodLife]

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

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.

[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!

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[EPutnam1863]

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.

Correct. The driver must always watch out for what may be around the curve. I hit a parked car that was around the curve because I was looking at a house.

[twoplanekid]

According to the Daily Sun, “was walking in the golf cart lane as the carts approached, the report said.
The first golf cart passed Colonna. The second cart, driven be a 70-year old Villages woman, then hit her, according to the report”

I pray for all of those involved in the tragic accident. Be safe out there!

[Taltarzac725]

Villages resident dies 13 days after struck by golf cart, FHP says - Orlando Sentinel

Sad stuff.

[Trayderjoe]

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.

Originally Posted by ajbrown

Spot on, pretty simple IMO.

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

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.

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.

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.

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.

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!

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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?

[billethkid]

folks can continue to offer their take on what , why, how, who.

Rationalizations, opinions, etc., when all gets said and done, just like in an auto accident the one doing the hitting is at fault.......

[Happydaz]

Blame the victim, unbelievable! The woman who was out with the young man and fell out of the cart and died was blamed by some for being there. They forgot he dragged her into the bushes and left her there. No thought to calling 911 for immediate medical care. This other poor woman was hit by a golf cart driver who obviously was not paying attention as she drove her toy car into the woman’s back.

Let’s face it golf carts have killed over 20 people in the last ten years. You just have to drive, walk, or bicycle on the multimodal paths to know why. Most carts have no seat belts, people drive over 20 mph, they pass on blind curves and endanger the walkers and bicyclists as well as the cart coming the other way. People drive these things like they are toys but they kill more people, just in The Villages, than all the snakes, spiders, and alligators in Florida. Everyone is afraid of alligators yet no one in The Villages has been killed by one. No one is afraid of riding in a golf cart, yet 20 people have been killed in the last ten years.

[Polar Bear]

Originally Posted by billethkid

...just like in an auto accident the one doing the hitting is at fault.......

What?!!?

How about...a person slams on their brakes to avoid a kid chasing a ball across the street. A tailgaters hits the braking vehicle.

I can't wait to hear who you say is at fault.

[CFrance]

Originally Posted by Polar Bear

What?!!?

How about...a person slams on their brakes to avoid a kid chasing a ball across the street. A tailgaters hits the braking vehicle.

I can't wait to hear who you say is at fault.

The one doing the rear-ending in this situation is at fault. Your responsibility is to drive a safe distance behind another vehicle.

My friend was rear-ended when she stopped to let a firetruck exit the engine house. The woman complained to the cop that my friend shouldn't have stopped because no siren was on. The cop said, "Lady, if she stops to pick her nose and you hit her, it's your fault!"

[billethkid]

Originally Posted by Polar Bear

What?!!?

How about...a person slams on their brakes to avoid a kid chasing a ball across the street. A tailgaters hits the braking vehicle.

I can't wait to hear who you say is at fault.

It is never that simple.
However, rhetorically you admit the hitter was tail gating....guilty.
If they were not tail gating they would still have to defend how they did not avoid hitting the vehicle in front of them...distance...speed...control...distracted...e tc...all boil down to he said they said, the hitter needs to prove they were unable to stop while they were in control of the vehicle....not as easy as it sounds.

[GoodLife]

Originally Posted by Polar Bear

What?!!?

How about...a person slams on their brakes to avoid a kid chasing a ball across the street. A tailgaters hits the braking vehicle.

I can't wait to hear who you say is at fault.

Poor example. A better example where the "hitter" is not as fault would be

Car runs stoplight, gets tboned by another guy with green light. The "hitter' is not at fault.

Guy driving speed limit and not impaired hits and kills child who runs out between parked cars into street. Driver is not at fault.

There's many more situations where the "hitter" is not at fault. Saying the hitter is always at fault is ridiculous.

[billethkid]

Originally Posted by GoodLife

Poor example. A better example where the "hitter" is not as fault would be

Car runs stoplight, gets tboned by another guy with green light. The "hitter' is not at fault.

Guy driving speed limit and not impaired hits and kills child who runs out between parked cars into street. Driver is not at fault.

There's many more situations where the "hitter" is not at fault. Saying the hitter is always at fault is ridiculous.

OK so the hitter is at fault just most of the time!!
Also depends on the lawyers involved which means everybody is game (not fair game).

[Chatbrat]

based upon my observations of golf cart drivers--most of their attention is directed @ their passenger with whom they are involved with very important conversations, operating the cart is secondary @ in this era of being politically correct based upon my observations most of the culprits are not men--ladies . stop turning your heads in order to be so polite and show attention, to your passenger I know this is going to open up a can of worms-- but its true

[Polar Bear]

Originally Posted by GoodLife

Poor example. A better example where the "hitter" is not as fault would be

Car runs stoplight, gets tboned by another guy with green light. The "hitter' is not at fault.

Guy driving speed limit and not impaired hits and kills child who runs out between parked cars into street. Driver is not at fault.

There's many more situations where the "hitter" is not at fault. Saying the hitter is always at fault is ridiculous.

I agree with your examples. But beg to differ that my example is a “poor” one. Care to explain?

Actually, never mind. A tailgater hitting someone who is braking to avoid an accident is absolutely an example of the hitter being at fault. Can’t imagine why you would think he’s not.