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Re: [infoguys-list] run over

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  • suesarkis@aol.com
    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
    Message 1 of 3 , Aug 11, 2009
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      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
      times.

      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.



      Sincerely yours,
      Sue
      ________________________
      Sue Sarkis
      Sarkis Detective Agency

      (est. 1976)
      PI 6564
      _www.sarkispi.com_ (http://www.sarkispi.com/)

      1346 Ethel Street
      Glendale, CA 91207-1826
      818-242-2505


      "one Nation under God" and "in GOD we TRUST"

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      thank a military veteran


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