Re: [infoguys-list] run over
- Good morning all -
For starters, pedestrians do NOT have the right of way on private
property. No one was crossing any street but rather were within the confines of a
parking lot. Right of way laws are for highways and intersections, marked
or otherwise. Each state has their own specifics. Even in FL a pedestrian
ONLY has the right of way when crossing at marked crosswalks or
intersections and must yield the right of way to vehicles at all other times. FS
316.130 (10) That does not mean that commonsense should not be used at all
However, I do know that in FL the law specifically says at Section 316.130
(8), " No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle which is so close that it is
impossible for the driver to yield." Although this was an apparent accident,
and although this was private property and not a highway, it would appear
that that is precisely what Clem did.
Simon was not so impaired as stated by the allegation he was not wearing
his glasses as implied since he DID blow his horn a couple of times which is
all FL law truly requires.
Drivers are to exercise due care to avoid colliding with any pedestrian.
That truly is what Simon did. Clem fell or tripped and it was an accident.
Simon states that there was absolutely nothing he could have done to avoid
this under the circumstances and Clem's friend who was with him, Tim,
agreed with Simon.
Of course he had a driver's license. That speaks for itself.
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