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Law regarding pedestrians in crosswalk

Discussion in 'Off-Topic' started by headednorth, Apr 30, 2018.

  1. headednorth

    headednorth NES Member

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    So was in Chelsea today and saw a dipshit literally walk out into traffic on RT 16 forcing cars travelling anywhere between 40-60 mph to stop for him. (he gave the guy in the fast lane the finger to top it off, lol) Not that it matters but he wasnt trying to sprint across, just walked at a normal pace into traffic. Traffic had a green light, moron had a dont walk. He was in the crosswalk.

    Legally if he were to be hit by someone, what would the most likely outcome be? Ive always heard how if someones in the crosswalk youre f*cked if you hit them. Is that true 100% of the time regardless of any other circumstances? Whats the likely outcome of the scenario above? (in MA at least)
     
  2. Asaltweapon

    Asaltweapon NES Member

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    I thought the crossing light controls the pedestrian. No crossing light the pedestrian controls the crosswalk.

    Drive like if you hit someone in the crosswalk your f***ed. Expect the worst be thankful if it’s less.

    Had a guy blow by me as I was using the crosswalk in front of the Wilmington RMV. He flipped me the bird.
     
  3. Picton

    Picton NES Member

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    I’m not sure what the law is, but in the state where I learned to drive the law was “the pedestrian always has the right-of-way.”

    I see it as an ethical issue. I think that, in any collision, the guy who can do the most damage is the one who ought to show more responsibility.
     
  4. headednorth

    headednorth NES Member

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    I know if there is no crossing light, the pedestrian has the right of way, but what if he ignores it and walks out in front of you when you have a green? (and youre at 50 mph)
     
  5. drgrant

    drgrant Moderator NES Member

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    I know there is a difference in MGL between signaled and non signaled crosswalks... but forget the specifics offhand. I bet i know the crosswalk you speak of, too... is that the one near "mr liquidato?" lmao
     
  6. headednorth

    headednorth NES Member

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    Lol, not familiar with that. This was at 16 and Webster ave. Theres a furniture palce there on the corner and used to be a Mr Tux there also. (still some sort of formal wear rental place there but I dont think its Mr Tux anymore) Why? Did someone give you the finger today as you were power braking? lol
     
  7. Asaltweapon

    Asaltweapon NES Member

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    I think you are in the clear but there better be good evidence.

    I forget the details but a pedestrian only has the ROW within 6 feet of the center of the road.
     
  8. Jason Flare

    Jason Flare NES Member

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    I would think the 165 lb. human would prefer to be more responsible than the 3,000 lb. automobile.
     
  9. drgrant

    drgrant Moderator NES Member

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    that is mr liquidato right there, its up a bit corner vs the tux shop.... (it really says mr liquidator on it but for the longest time the r was burned out on the sign so i have always called it mr liquidato....)
     
  10. headednorth

    headednorth NES Member

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    Lol, ah...ok. Yep thats the intersection. Saw it happen one set of lights up at the McDonalds maybe 2-3 years ago. Maybe something in the water?
     
  11. jefftk

    jefftk

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    I would be a little surprised to see a crosswalk on a road posted at 50mph.
     
  12. LoginName

    LoginName NES Member

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    My understanding is as follows...

    1) At a signalized crosswalk, and the pedestrian has the light, he/she has the right of way.

    2) At a signalized crosswalk, and the pedestrian doesn't have the light, the driver has the right
    of way.

    3) At a non-signalized crosswalk, the pedestrian has the right of way.

    4) No crosswalk present, the driver has the right of way.

    The ones that really piss me of are the self righteous a**h***s with their heads up their ass
    and cross whenever, where ever they want to and if you don't respect their presence, they get totally
    bent out of shape like I was the a**h*** who was in the wrong.

     
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  13. Come and take

    Come and take NES Member

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    Love the green for the vehicle to turn and the pedestrians also have a green to walk in Boston. Sweet disaster in the making.
     
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  14. qqac

    qqac

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    M.G.L. ch. 89 sec. 11: No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.
     
  15. headednorth

    headednorth NES Member

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    Cant say I know the speed limit at that stretch of road off the top of my head. Probably 40-45. Traffic traveling at 50+ at that stretch is not unusual at all though.
     
  16. headednorth

    headednorth NES Member

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    So theoretically, a guy is standing at the side of the road at a crosswalk and as youre driving by he flings himself in front of your car at the last split second. According to the law youre screwed?
     
  17. Picton

    Picton NES Member

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    Ethically? I think so. You can kill him, he can’t kill you. So you need to be paying better attention.
     
  18. quincy

    quincy NES Member

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    Way, way too confusing and double speak. Just hit the mother f***er and let god sort it out.
     
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  19. dhuze

    dhuze NES Member

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    That Taxi unknowingly drove onto the movie set. Dustin Hoffman’s reaction was adlibbed. They loved it and left it in the movie.
     
  20. LoginName

    LoginName NES Member

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    Yep... I read that.
    Really good on both actors parts they never broke character during that sequence.
    Ad libbed or not, Hoffman captured the attitude so perfectly that you'd never
    know it wasn't part of the script.
     
  21. ccm75

    ccm75 NES Member

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  22. Bonesinium

    Bonesinium

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  23. MisterHappy

    MisterHappy NES Member

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    On the 16 yard line, shootin' for the Lewis!
    When my kids were little, and learning about the theory of,"right of way," I told them that Hell was full of people that had the right of way, and to pay attention while walking, biking, whatever. The car will win.

    When they were older, and getting ready to drive, I told them the same thing (yielding to the a$$hat is the prudent thing to do), and that regardless of whether the pedestrian has the right of way, legally, let them go. The driver will probably lose, facts and laws be damned.
     
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  24. Radtekk

    Radtekk NES Member

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    Way back when I took a boating safety class. I learned that "A Vessel under sail has the right of way over a vessel under power." I was also told that said rule is of little comfort when a small sailboat "argues" with a supertanker. Off topic, but on point. Pedestrian vs auto is something I see in the hospital ALL the time. The car DRIVER may get a ticket, the pedestrian ALWAYS loses the physics battle.

    There are laws of man and laws of physics. If I'm a pedestrian I'm gonna make sure I don't get hit.
     
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  25. clampett

    clampett NES Member

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    I have come across a few of these lights. Now before I blow my horn at the pedestrian, I look to see if they have a white light.
     
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  26. Whiskeywon

    Whiskeywon NES Member

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    As much as it is you'll almost always find pedestrians have the right of way always. It turns into a what were you doing at the time of the accident that "distracted" you from seeing them. Regardless of how much at fault they may or may not be, you'll still get hit with a manslaughter 2 charge.
     
  27. n1oty

    n1oty NES Member

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    If you are going to quote the law, then quote the whole law:

    Section 11. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.

    No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.

    Whoever violates any provision of this section shall be punished by a fine of not more than $200.

    Whenever a pedestrian is injured by a motor vehicle in a marked crosswalk, the department of state police or the municipal police department with jurisdiction of the street, in consultation with department of state police if deemed appropriate, shall conduct an investigation into the cause of the injury and any violation of this section or other law or ordinance and shall issue the appropriate civil or criminal citation or file an application for the appropriate criminal complaint, if any. This section shall not limit the ability of a district attorney or the attorney general to seek an indictment in connection with the operation of a motor vehicle which causes injury or death and which violates this section.
     
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  28. robjax

    robjax

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    Agreed, and not to be off topic but a sail boat very rarely has the right of way over a supertanker. The addition to that rule is sail over power unless a vessel is restricted in it's ability to maneuver. Obviously a small sailboat can maneuver much easier and quicker than a supertanker can stop or turn even if the pilot was able to see the boat in front of the ship he is not going to stop nor will he be able to turn so if in that situation the sail boat will not win.

    My daughter just got her class D Learner's permit yesterday. So her driving adventures have begun. We talk about pedestrians a lot since we have a lot of small children in our neighborhood. Teaching a young driver to know what's going on all around the car at all times is impossible. It is a skill that comes with experience.
    So she has to be extra focused. And some idiots do just run out in front of the car. I've had it happen to me. Fortunately it has never been that close to get my adrenaline pumping but still a stupid thing for people to do.

    What would be great to see is if a pedestrian walked out in front of the car, and this would be in specific cases where there is a cross walk and light about 100 feet away, the driver hits the pedestrian and the pedestrian gets sued to fix the damage to the driver's car and collects no damages to cover their medical.

    I've also witnessed people on bikes doing stupid stuff too. Kids you have to be aware of. But the seemingly adult riders with all their racing gear and spandex and they cut right in front of you against the light. That annoys me.

    I don't want to hit anyone with my car so I just remain annoyed for a time.
     
  29. new guy

    new guy NES Member

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    I put this on my car for the idiot pedestrians in Boston.

     
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  30. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    Downtown Boston (where I rarely go), along Boylston St. from the Prudential area to the Boston Common . . . every side street (all 1 way) that I see will have a right or left arrow on Boylston St. while the Walk sign is lit on the side street! Considering all the tourists, it's a ticket to disaster as they expect that they have the right of way and yet cars/taxis will practically run them over since they have a green arrow!

    DUMB!
     

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