Guy walks into traffic while on his phone. Kicks my CB.

[eswimm]

You see all these comments on here and none will address the serious questions about important things that we can learn from, and this post has brought to light. like how exactly he captured this video while some of us don't have any videos when actually driving. and some don't understand how a certain event was not captured or even recognized as a near collision.

Assuming you have a properly formatted USB drive installed, your car is always recording a 1 hour loop of video. You either honk the horn, use a voice command or tap the dash cam icon and it saves the prior 10 minutes to the event folder. If you are in an accident with sufficient force, it will automatically save a clip. Reasonable assumption the driver honked at the pedestrian to save that clip, incredibly unlikely that anything saved it automatically, since there was no impact.

Near collisions and "interesting" events aren't saved, but if you act quickly (i.e. within the hour loop), you can find the event in the recent clips folder and save it manually.

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[Jhodgesatmb]

he had a do not walk sign. NO CHANCE he was in the right.

You can argue that all you want but no one would stand up for you in court if you hit/hurt a pedestrian. This happened to me, as a pedestrian, decades ago, and I kicked the car.

 

[eswimm]

Citation please.

'Cause I see they're both in the wrong here:
https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96318_03#:~:text=Section 131 — Flashing lights&text

https://dailyhive.com/vancouver/entering-bc-crosswalk-fines-2018

It's a small fine, and like I said, they're both in the wrong.

-Crissa

That pedestrian clearly entered the roadway on a solid red wait. There's no properly functioning traffic signal that would still be presenting a pedestrian with a walk or a flashing wait after a perpendicular green signal was lit. Had the pedestrian actually entered the crosswalk prior to the driver's green, it would it would be wise for the driver to assume the pedestrian had the right of way, without being able to see their signal.

 

[Crissa]

That pedestrian clearly entered the roadway on a solid red wait. There's no properly functioning traffic signal that would still be presenting a pedestrian with a walk or a flashing wait after a perpendicular green signal was lit. Had the pedestrian actually entered the crosswalk prior to the driver's green, it would it would be wise for the driver to assume the pedestrian had the right of way, without being able to see their signal.

It's wise just to avoid situations where another road user is acting inconsistently with the rules.

Also, don't enter intersections if you can't clear them on the far side. Then you wouldn't be stuck there getting kicked.

The question of 'why did the Cybertruck stop in the road to be kicked' still hasn't been answered.

-Crissa

 

[eswimm]

You can argue that all you want but no one would stand up for you in court if you hit/hurt a pedestrian. This happened to me, as a pedestrian, decades ago, and I kicked the car.

100%. The pedestrian could be cited for jaywalking and the driver still held both criminally and civilly liable. Clear weather, accelerating from a stop, the only real (non) defense would be claiming that you weren't watching the road in front of you, which would be unlikely to go in your favor.

 

[eswimm]

It's wise just to avoid situations where another road user is acting inconsistently with the rules.

Also, don't enter intersections if you can't clear them on the far side. Then you wouldn't be stuck there getting kicked.

The question of 'why did the Cybertruck stop in the road to be kicked' still hasn't been answered.

-Crissa

I don't disagree. Right of way isn't a get out of jail card.

And that video smacks of a driver who wanted to make an example of a pedestrian in the wrong. They could have easily cleared in front of the pedestrian and kept going, instead they stopped in the crosswalk before the pedestrian reached them. That pedestrian could have stood in the middle of the crosswalk while traffic in both directions passed. They'd still have been jaywalking, but they'd be properly yielding right of way to the traffic. I grew up in Europe and it was common behavior to cross clear traffic lanes, yield to oncoming traffic and finish crossing when they passed. Back in the US and people flip out and slam their brakes on. If I'm not in or moving into your lane, then you aren't going to hit me. It's based on a certain level of trust that people on the road actually know how to drive, but the process of getting a driver's license is a lot more involved than what it is here.

 

[Crissa]

In California it's explicitly something you can't be ticketed for as a pedestrian excepting limited access highways.

In BC, according to the law I cited, it says they 'must not' but also, there's no penalties listed if they do.

Back in the US and people flip out and slam their brakes on. If I'm not in or moving into your lane, then you aren't going to hit me. It's based on a certain level of trust that people on the road actually know how to drive, but the process of getting a driver's license is a lot more involved than what it is here.

Yeah, I know, that's how I learned to cross in rural Oregon and Washington.

In much of the US, though, it's explicitly illegal for a vehicle to enter a crosswalk even an unmarked one, that's occupied by a pedestrian. These laws are... problematically enforced, which is a different problem.

-Crissa

 

[mongo]

That pedestrian clearly entered the roadway on a solid red wait. There's no properly functioning traffic signal that would still be presenting a pedestrian with a walk or a flashing wait after a perpendicular green signal was lit. Had the pedestrian actually entered the crosswalk prior to the driver's green, it would it would be wise for the driver to assume the pedestrian had the right of way, without being able to see their signal.

Yah, which means the driver was not violating the referenced law.

Section 127 — Green light

127 (1) When a green light alone is exhibited at an intersection by a traffic control signal,
(a) the driver of a vehicle facing the green light
...
(ii) must yield the right of way to pedestrians lawfully in the intersection or in an adjacent crosswalk at the time the green light is exhibited, and

But the jay walker was

(b) a pedestrian facing the green light may proceed across the roadway in a marked or unmarked crosswalk, subject to special pedestrian traffic control signals directing him or her otherwise, and has the right of way for that purpose over all vehicles.

(4) When a red light alone is exhibited at an intersection by a traffic control signal,

(a) a pedestrian facing the red light must not enter the roadway unless instructed that he or she may do so by a pedestrian traffic control signal,

If it turns red while the are crossing, they maintain right of way, which further shows that if they enter on red, they do not have right lf way.

(c) a pedestrian proceeding across the roadway and facing the red light exhibited after he or she entered the roadway
(i) must proceed to the sidewalk as quickly as possible, and
(ii) has the right of way for that purpose over all vehicles.

 

[Jhodgesatmb]

This whole discussion reminds me of the following. My wife, who previously lived in Juneau, AK (very small town), and I were in San Francisco in the early 70's. I don't remember it all exactly, but I do remember her walking out into traffic. When I grabbed her and pulled her back to the sidewalk she complained "But I had the right of way" to which I responded "I'll put that on your grave stone".
My $.02? Making a point is rarely worth the expense. Sure, it might make you feel good. At least right up until the dire consequence kicks in.

Good advice. It is advice that works both ways. A car that hits a pedestrian (and gets caught) would have a very hard time arguing that they had the right of way. There really is no point in arguing who has the right of way if someone gets injured.

 

[bentoncalder]

Alright people calm the F down. In Vancouver, lunatics do this all the time and the best you can do is swerve around them safely while making them aware of your presence.

Some extra context for you all: as I entered the intersection I gave a honk. The guy looked up from his phone and looked at me but continued to walk towards my path. I slowed but kept in my lane and made sure to not hit him or make a dangerous maneuver. He then kicked my truck and THEN I stopped. Not the other way around. Watch the 2nd video. I only stopped when I heard a loud thud because I thought “oh Jeeze did he run into me/I collide with him?? I better stop to make sure everyone is ok.” Then as I looked and saw him continue to walk around me I put 2 and 2 together.

I don’t care if you think I shouldn’t have went on a green light. Some days I would wait, some days I wouldn’t. I wouldn’t run someone over obviously.

 

[mongo]

Good advice. It is advice that works both ways. A car that hits a pedestrian (and gets caught) would have a very hard time arguing that they had the right of way. There really is no point in arguing who has the right of way if someone gets injured.

Actually, it's easy to show the vehicle had the right of way.

However, just because you have the right of way (or, at the least, the other guy didn't) doesn't mean you don't have a duty to yeild or otherwise attempt to avoid a collision.

Section 181 — Duty of driver
181 Despite sections 178, 179 and 180, a driver of a vehicle must
(a) exercise due care to avoid colliding with a pedestrian who is on the highway,

 

[mongo]

Alright people calm the F down. In Vancouver, lunatics do this all the time and the best you can do is swerve around them safely while making them aware of your presence.

Some extra context for you all: as I entered the intersection I gave a honk. The guy looked up from his phone and looked at me but continued to walk towards my path. I slowed but kept in my lane and made sure to not hit him or make a dangerous maneuver. He then kicked my truck and THEN I stopped. Not the other way around. Watch the 2nd video. I only stopped when I heard a loud thud because I thought “oh Jeeze did he run into me/I collide with him?? I better stop to make sure everyone is ok.” Then as I looked and saw him continue to walk around me I put 2 and 2 together.

I don’t care if you think I shouldn’t have went on a green light. Some days I would wait, some days I wouldn’t. I wouldn’t run someone over obviously.

FWIW, the referenced law says you were legal. Ans would gave been even if there wasn't a walk/don't walk signal...

Section 179 — Rights of way between vehicle and pedestrian

179 (1) Subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger.

 

[BeachDweller]

All this back and forth based on an understanding of local laws!
The laws differ according to the whims of those that pass them.
I’ve only been driving for 55 years, but I can tell you where I learned and (mostly) drive now, the truck had the right of way.
Depending on your location,YMMV!!

 

[65SoYoLO]

forget laws, if you want to live longer. There is a LARGE vehicle driving on the road in front of you, DO NOT walk into the path of the vehicle. Its simple. The first thing i Had to learn when I was about 4 years old, was LOOK BOTH WAYS BEFORE CROSSING THE STREET! If you want to look for someone to sue, then walking out in FRONT OF A MOVING VEHICLE is the way to go.

 

[Bobo_LaDouche]

Pedestrians can be hard to see. If a vehicle proceeds when a pedestrian is in the road, other moving vehicles may not see the pedestrian. They may believe the roadway is clear because you are moving. The pedestrian may be struck by these vehicles. Regardless that the pedestrian is either stupid, distracted, crazy, a child, or whatever, one should never proceed into an intersection with a pedestrian. People do not deserve to die just because they cross a roadway "wrong". Maybe you did not hit them, but they are endangered by your actions. Btw, this is murder in my city, and it is enforced.

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