Was that an arm or a leg?

[tommymac]

Originally Posted by Papa_Complex

You could argue that Papermate knows that people jam pens into their eyes and so is liable when someone does that, but it doesn't make it so

The oncoming train had a clear signal and sounded, and so is not liable. If someone chooses to almost literally put blinders on (umbrella facing in the direction from which the train was coming) and then walk into traffic, whose fault is it?

I'm constantly amazed at the stupidity of people who I see jumping off curbs without looking because someone next to them did, step into traffic while concentrating on their Crackberry, or crossing 5 feet down from a red light that they don't think applies to them.

In NY and i am assuming in most states if a car hits a pedestrian the driver is prety much automatically at fault no matter how clueless/oblivious the pedestrian is.

[Papa_Complex]

Originally Posted by tommymac

In NY and i am assuming in most states if a car hits a pedestrian the driver is prety much automatically at fault no matter how clueless/oblivious the pedestrian is.

I should think that it depends on the situation, just like here. Some idiot darts out between parked cars and right into the path of a car doing 30 MPH, and the driver isn't likely to be charged. In this case someone vacantly steps in front of a train that's going 70 MPH, and takes 2 miles to stop, and it isn't the engineer's fault. Even the law occasionally recognizes reality.

[Captain Morgan]

Originally Posted by Papa_Complex

You could argue that Papermate knows that people jam pens into their eyes and so is liable when someone does that, but it doesn't make it so

The oncoming train had a clear signal and sounded, and so is not liable. If someone chooses to almost literally put blinders on (umbrella facing in the direction from which the train was coming) and then walk into traffic, whose fault is it?

I'm constantly amazed at the stupidity of people who I see jumping off curbs without looking because someone next to them did, step into traffic while concentrating on their Crackberry, or crossing 5 feet down from a red light that they don't think applies to them.

Yes, I know. Hence the at the end of my post.

[Papa_Complex]

Originally Posted by Captain Morgan

Yes, I know. Hence the at the end of my post.

Well hit me with a train.

[Trip]

pedestrian situation can get murky. I know we had a guy try to run across the interstate and got smacked here. He was at fault.

There was also someone who tried to cross in a blind corner where I work now, they got hit and were at fault as well. It was because she was within 50 feet of like 3 crosswalks and they all said don't go and she went anyway.

[Papa_Complex]

Up here if the police found you to not be at fault in a pedestrian vs. vehicle collision, and the insurance company tried to jack your rates as if you were, there would be hell to pay. Vehicle vs. vehicle is different, because they use the Rules of Fault Determination, not the law, to determine the balance of fault. Those were brought in when we went to a no-fault insurance scheme.

[tommymac]

Originally Posted by Papa_Complex

Up here if the police found you to not be at fault in a pedestrian vs. vehicle collision, and the insurance company tried to jack your rates as if you were, there would be hell to pay. Vehicle vs. vehicle is different, because they use the Rules of Fault Determination, not the law, to determine the balance of fault. Those were brought in when we went to a no-fault insurance scheme.

Things may have changed here but when I was learning to drive they always told us hit a pedestrian and youre prety much at fault, even for that kid that darts out in front of you from between 2 parked cars. There may not be any legal issues from the police so long as you werent speeding, ran a red light etc.... but I think the instances trip listed are just such sheer stupidity they have to be at fault.

[Papa_Complex]

Originally Posted by tommymac

Things may have changed here but when I was learning to drive they always told us hit a pedestrian and youre prety much at fault, even for that kid that darts out in front of you from between 2 parked cars. There may not be any legal issues from the police so long as you werent speeding, ran a red light etc.... but I think the instances trip listed are just such sheer stupidity they have to be at fault.

And that's what I'm saying; obvious stupidity shifts the blame. It's the case with the drunks who leap off the curb in front of me on St. Patrick's Day, to get to the Irish pub across the street and it's the case when someone wraps an umbrella around his face, then steps onto train tracks.

[HokieDNA01]

It is possible to get confused at train stations about oncoming trains. I used to take the train to work in Philly. I arrived at the deck and the bells/lights were going off. I stood there for a few mins with the crowd until it was obvious the train that was parked on our side of the tracks was setting off the signal. People began to cautiously cross the track but it was hard to see around the parked train. When my turn finally came I looked and then started to cross when a train horn sounded and I looked up the track again to see the approaching train coming at me at about 60mph. I had plenty of time to take the four steps needed to cross but it scared the shit out of me and the other passengers crossing. Those stations really do need crossing barriers to block the crosswalk.

The next time I arrived I almost missed my train cause I refused to cross when the parked trains were setting off the signal.