should texting while walking negate pedestrian laws

[Ksandra]

So this morning on my way to work, I turn a corner into a plaza to see a woman walk (without looking) into the roadway while she was furiously texting on her phone. She never looked both ways to see if any cars were coming, and never looked up from her phone once.

Luckily, I was far enough away that I could stop quickly without getting close to her. The guy on the opposite end, however, had to stop extremely fast, and got fairly close to hitting her. WHICH SHE STILL DIDN'T REACT TO.

I noticed while I was waiting she had a BoA tag (which was the same BoA I used to work at).

During my lunch I went to the bank to deposit a check, and told one of my old coworkers "you should tell her she shouldn't text while crossing the street, she almost got hit this morning"

My old co-worker laughed and said "actually the funny thing is, she was hit just last year for walking while texting, and the car took off and the driver was laughing."

now, clearly the first time the driver sounds like he did it on purpose because of what she was doing, so should have been at fault. Also, though, she apparently hasn't learned her lesson, and if the other driver had hit her today, I'd feel bad for him.

It kinda reminded me of that article a while back where a girl fell into a manhole while texting.

really, if you watch where you're going those things can be prevented.

Do you think the texter should get labeled for being at fault in these situations? A pedestrian technically always has the right of way, but this is just ridiculous imo. There's no law in place for texting afaik because it's still rather recent that it's exploded into people doing it almost 24/7. So probably some laws need to be put into place if people keep acting like this.

[thomassmith]

I've notice a lot of this on my college campus. People walking and texting bound to get hit by a car. Honestly I think they deserve it if they do get hit. It is common sense to pay attention while walking near cars. I guess it is just a sign of how piss poor our society is that people could get hit by a car while texting on a phone.

[Grey Jorildyn]

Someone is gonna post "Darwinism" at some point so yea... I don't think it should be outlawed. People that don't have common sense enough to stop doing something distracting while doing something else that requires that same attention deserve to die horrible deaths.

[Ragnell]

My old co-worker laughed and said "actually the funny thing is, she was hit just last year for walking while texting, and the car took off and the driver was laughing.".

He's a fucking hero, give that motherfucker a medal

[Ksandra]

Someone is gonna post "Darwinism" at some point so yea... I don't think it should be outlawed. People that don't have common sense enough to stop doing something distracting while doing something else that requires that same attention deserve to die horrible deaths.

you get to my point though. If we don't outlaw it, then the driver, not the texter, gets punished.

yes the texter gets injured, but guess who gets fined and has to pay all the medical bills for it? the driver

[edit] really I almost think texting while walking so get listed on the same level as drinking while driving. If you do it, all fault goes to you

[thomassmith]

I would like to see the person texting get blamed for being injured, but they way driving laws are that won't happen. Driver always takes more responsibility in accidents than a pedestrian.

[Ksandra]

I would like to see the person texting get blamed for being injured, but they way driving laws are that won't happen. Driver always takes more responsibility in accidents than a pedestrian.

ya which is retarded imo. as I said, I think that has a lot to do with people have only been heavy texters for maybe 4 years now. Perhaps if enough stupid incidents like this happen, they'll think about changing the laws a little.

[Kael]

Texter should be at fault. It's just like talking on your phone while driving.

[Wintermute]

They need to implement a GPS system into phones that locks you from texting if it's moving.

I get how texting can be useful, but if you're going to be so involved in it that you're unable to register the rest of the world you need to remember that your phone can dial out and that you can talk to your friends with it.

People who get injured because they're too busy texting to pay attention to anything else deserve it.

[thomassmith]

That is a pretty good idea winter, but you know people would hack into it and fix it so they could bypass that.

[deshende]

Except people may like to text if they are passengers in vehicles.

[Obev]

They need to implement a GPS system into phones that locks you from texting if it's moving.

That'll be real useful on buses and trains.

I just stop the texting when I have to cross the road... there's nothing so pressingly important that I can't look while I walk out into traffic. It's not rocket surgery.

[Wintermute]

That'll be real useful on buses and trains.

I just stop the texting when I have to cross the road... there's nothing so pressingly important that I can't look while I walk out into traffic. It's not rocket surgery.

Curse you and your logic.

It's surprising people can forget to look both ways though, shit should be second nature after all the years of school being told to look both ways.

[Ruiner]

But what if the driver is texting AND the pedestrian is texting?

[Wintermute]

But what if the driver is texting AND the pedestrian is texting?

They both get hit by an 18 Wheeler at an intersection.

[Jefe]

Although it's idiotic for a pedestrian to not be paying any attention; the greatest responsibility is that of the driver. The law, at least in California, states that basically you have to keep your eyes peeled for any pedestrians crossing your path marked or not.

I've actually stumbled upon more shittyass drivers not paying attention and almost ran my ass over.

[Wintermute]

Although it's idiotic for a pedestrian to not be paying any attention; the greatest responsibility is that of the driver. The law, at least in California, states that basically you have to keep your eyes peeled for any pedestrians crossing your path marked or not.

I've actually stumbled upon more shittyass drivers not paying attention and almost ran my ass over.

Both parties should be equally responsible considering the different circumstances that could lead to a pedestrian getting hit.

While the driver should be alert at all times what happens if someone just steps into the road without paying attention because they want to cross and the driver can't stop safely to avoid them?

If you're doing the limit and I step out onto the road well past your safe braking distance then you can't avoid me without swerving which then endangers other road users or pedestrians.

It's a bit of a hazy issue.

[Yuri-G]

while drivers should be aware of what's going on around them, they should also be able to reasonable expect a person not to step out in the middle of the road. the law won't change, but it should, in the direction of holding pedestrians more accountable if they were texting at the time of the incident.

[pohibaba]

I don't understand why current laws can't handle this situation perfectly fine. Was she crossing the street illegally or legally? If it was illegally (she crossed at a crosswalk without it being green/without hitting the button), then she already is at fault if there were an accident. If she was crossing legally, why are you hitting her with a car? If she simply stepped out onto the road where there is no crosswalk, then more than likely she is jaywalking (there are some exceptions), and once again, she's at fault.

[Grey Jorildyn]

Yea I see your point of course.

Having given it some more thought, I think the pedestrian should be liable for some of the damages and the fault should not be placed entirely on the driver, however they should take the vast majority of the blame. Now I don't say this because of the way laws are currently constructed (protecting the pedestrian and such). I truly believe that when you get behind the wheel of a car you are at a distinct advantage over anyone that is not in a car. You are controlling a machine that is capable of doing much more than that person can on two feet. It is really your responsibility to utilize all the tools you have (car horn??) to function as safely as possible while you are behind that wheel.

You are required to procure a permit, take a road test (albeit a joke in some areas), and acquire a car/get insurance/register your vehicle before you can even hit the road solo. A pedestrian just needs legs and maybe some shoes. Common sense and a sense of direction are optional. As a driver you really should be paying more attention than pedestrians, even if they are too stupid to stop and look both ways before crossing the street. You can take their life. They can't really take yours.

That being said, I still think anyone texting while walking on pavement should spontaneously combust. You know, for good measure.