About hit some guy last night....

[Wildpony_2]

*This is kinda long bare with me*

Ok, I was going to work last night at about 11pm. Light is red as I am approaching it in the left hand lane, look over at other light as it turned yellow about to turn red, so my light turning green in a minute. I had downshifted into 3rd as I approach intersection ~35mph and going slower. I see this couple crossing the road on the opposite side of the intersection as the light turns green. They are at the cement median as I cross white line on my side, the girl stops, the guy stops for a split second, then he keeps walking and looking dead at me. I slammed brakes on, miss him by about a foot. He's dead in front of me GLARING at me like I did something wrong as I look at him puzzled and pretty shocked to say the least. So I am in the middle of the intersection and so are the other 2 cars in the right lane waiting for this guy to cross the 2 lane road. Sorry this so long, but after the fact I started to get mad, and started to think.

**What if I had hit him, even having a green light, am I in the wrong?** I know drivers are suppose to yield to pedestrians, but my god, walking out in front of a vehicle with a green light.

Thanks for replies in advance fellas.

 

[FordSVTFan]

You must yield to pedestrians in the crosswalk, regardless of whether you light turns green. Once they have left the sidewalk with the light, regardless of the light changing colors against them, they have a right to continue their path across the road safely.

 

[Black1999Cobra]

But I think he is saying, his light was green and then the dude stepped out off of the cement median. Then is the median considered part of "the crosswalk"?

 

[MMShaggy]

I understand they have the right of way, but who in there right mind would play chicken with a 4000 lbs chunk of steel?

I see people all the time doing this, I about creamed a guy on a bicycle the other day.

We had a green light to go straight, the guy rides his bike out to the middle of the intersection while looking at north bound traffic, never once did he look southbound at all the traffic barrelling down on him. He even slowed up and stopped in the one lane because he was afraid to take the bike on the cement median, finally I layed on my horn because he was blocking about 75 cars from driving thru a major intersection. He kinda jumps, looks back and see's all the traffic he has stopped, starts laughing about it, and slides his bike sideways onto the skinniest center median ever. I simply told him as I passed "U wouldn't be smiling if we had hit you!!!!!"

 

[FordSVTFan]

But I think he is saying, his light was green and then the dude stepped out off of the cement median. Then is the median considered part of "the crosswalk"?

The median is in the "middle" of the road, betweent he oncoming lanes not at the edges.

 

[Wildpony_2]

Yeah I mean I don't get this, I have a green light and he walks out in front of me. So it is completely legal for him to step out in front of me, and I have to stop in time?

**Edit**
There is no "designated crosswalk" at this intersection.

 

[JoeAsheville]

What it amounts to, is no matter how stupid a pedestrian acts...unless he was drunk and wearing black clothing, or actively trying to commit suicide...you will have a tough time convincing a judge of the facts. Especially if the other side has a lawyer.

How would you explain this situation to the judge? Lawyers can twist facts like you wouldn't believe...e.g. there is most likely a maximum speed through the intersection, and the lawyer could show that it had been exceeded, etc etc etc.

Better to just let an idiot have the right of way, rather than being tried for involuntary manslaughter or assault with a deadly weapon (which is what your vehicle is considered to be, in an auto vs ped situation).

I'd rather just not even come close to hitting the pedestrian.

 

[Wildpony_2]

Thanks for the replies. As I have read these been thinking more and more about it, and I guess what it boils down to is being a little more vigilant at night.

Just concerns me that if someone has a deathwish, or maybe even profiling a certain vehicle and walks out in front of it, and the vehicles driver is at fault.

 

[JoeAsheville]

The only consolation there...is that *usually* people that wish to commit suicide by vehicle (by stepping out into traffic) have well established histories with at least one healthcare provider.

I work in an ED and we see folks come in all the time that have SI/HI (suicidal ideation/homicidal ideation) that speak of stepping out in front of a car. Their histories are almost always riddled with frequent ED visits and/or visits to the local mental health facilities. An investigation would turn up their history and the driver could not be found at fault for that. A drunk out wandering in the road...well a BAC on them would show that. As long as the driver takes reasonable precaution to avoid a collision ("reasonable" is purposefully vague) then I doubt a prudent person could hold the driver at fault.