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Cop hits pedestrian. Pedestrian gets ticket? What?

Casper

By Casper,
in Dumpster

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jblosser Grand Master

jblosser

Posted
Posted
Franklin County deputies say a pedestrian who collided with a cruiser early Saturday morning will be ticketed for crossing the street outside a crosswalk.

the "hot now" sign had just come on at the krispy kreme and this idiot caused the officers to miss out.

he (the lawbreaker) is lucky he didn't get rodney king'ed...:nono:

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Disclaimer Grand Master

Disclaimer

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I see nothing wrong. :dunno:

Whenever I hit someone with my vehicle, the first thing I do is pin them to the ground and hold them there in proper citizen's arrest form. This gets especially difficult if they're still conscious and full of adrenaline... plus legs that haven't been compound fractured on impact. Sometimes its easier to just use my vehicle to pin them for an extended period of time - since it seems to take officers an extended period of time to arrive in order to cite the jaywalking perp.

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Scruit Grand Master

Scruit

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Posted (edited)
Pedestrians have the right of way in Ohio.

Not outside the crosswalk.

4511.48 Right-of-Way Yielded by Pedestrians

Where there is No Crosswalk *

When not crossing at a crosswalk, the pedestrian

must yield the right of way to all traffic upon the

roadway. When between intersections where traffic

signals are in operation, pedestrians shall cross only

in marked crosswalks.

Edited by Scruit
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Scruit Grand Master

Scruit

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back in high school a kid got hit by a car after school let out. Turns out he wasn't in the crosswalk so he had to pay for the damages to the vehicle that struck him.

When my brother was younger he was hit by a car that was speeding past the school bus at let-out time (no stop-for-school-bus law in the UK). Police never cited him because it my my word against his and my brother ran out from behind the school bus.

As my mother and I were in the waiting room at the hospital, not even sure if he was going to survive, the owner of the car came in and told my mother she would be paying for the damage to his car. Well, I don't know what she said to him because they were too far away, but he turned his ass right around and never asked again.

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Scruit Grand Master

Scruit

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I also had my brother hit by a car when he was like 12. Wasnt at a corner or crosswalk and he got cited. Dude called asking my mom to pay for damage to his side mirror, she blew up on him on the phone. Never called back. Judge threw out the ticket.

For future reference - don't ask a mother to pay for damages caused when you run over their child, even if it was 100% their fault. Will not end well. This is a universal fact.

The correct answer is: File through your own insurance, then let THEM pursue reimbursement from the pedestrian's family. They won't back down when yelled at.

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Revelstoker Experienced

Revelstoker

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He was jaywalking in the middle of the night. He got a ticket. So what?

I think the issue might be that if you and I were in the roll of the cop car, we would be in jail now and facing some kind of charges or a fine for failing to watch out for stupid. "Automobile accidents, the area in which the majority of personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim in a "fault" state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses."

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Scruit Grand Master

Scruit

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I think the issue might be that if you and I were in the roll of the cop car, we would be in jail now and facing some kind of charges or a fine for failing to watch out for stupid. "Automobile accidents, the area in which the majority of personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim in a "fault" state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses."

As stated by BTD above... A civillian in the same situation was handled the same way.

I think the issue was that Casper thought that pedestrians have automatic ROW everywhere.

That's what happens in Russia - in all car/pedestrian accidents the driver must compensate the pedestrian. This has created a cottage industry of insurance scammers that will throw themselves in front of vehicles in hopes of a payout:

http://www.youtube.com/watch?v=-tDUIrd5tcA

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JStump Veteran

JStump

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back in high school a kid got hit by a car after school let out. Turns out he wasn't in the crosswalk so he had to pay for the damages to the vehicle that struck him.

I always wondered who would be at fault in something like this. Too many times I have come close to swiping someone walking down the street in all black at night and thought to my self, would I have gone to jail if I hit that guy because of HIS stupidity? Good info to know.

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slingingchic Mentor

slingingchic

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The Stump girl from Troy got hit on campus in Columbus, she was texting and jaywalked, got ticketed and spent couple months in hospital. I don't recall correctly but I think the driver was driving intoxicated.... could be wrong I would have to find the story.

http://www.thelantern.com/mobile/campus/police-cite-ohio-state-students-in-accident-1-in-critical-condition-1.2885050

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Scruit Grand Master

Scruit

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Posted (edited)
The Stump girl from Troy got hit on campus in Columbus, she was texting and jaywalked, got ticketed and spent couple months in hospital. I don't recall correctly but I think the driver was driving intoxicated.... could be wrong I would have to find the story.

They never did seem to name the drive publicly. Although the accident was August 19th neither the State nor OSUPD appears to have any record of the accident. I know the driver was charged with Agg Veh assault, but I challenge that concept because the accident was not his fault. Unless they can prove that a sober driver would have stopped in time to avoid the drunk (reportedly) jaywalking (proven) girl... But I can't find a status for that case.

EDIT: Got a name - William Anderson, 21, OSU student. But now FCMC has nothing under this name. Possibly William is a middle name?

EDIT: William C Anderson. Charges apparently have not yet been filed, and the accident report has not yet been finalized.

Edited by Scruit
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SJC1000rr Mentor

SJC1000rr

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Posted (edited)

It's pretty simple. Use the crosswalks to cross a street and yield to right of way. If your not in a crosswalk, you have no expectation of saftey or right of way when crossing a roadway. If you cross a roadway in a crosswalk with a YIELD/No-Walk sign and you get hit, you are at fault still. Most people are smart enough that they wouldn't cross I-70 or I-71 since there isn't a crosswalk....the same goes for any other street.

Rules/Laws will change depending on where you are though, so one should be knowledgable on the rules for the area. In Columbus for example, Bicycles are considered the same as a motor vehicle and are required to follow the same rules. With the addition that they are required to ride in the roadway, but on the right most side of the road.

I've delt with several at-fault pedestrians this year and have no problem giving them tickets. It makes things simpler in insurance and civil claims if any should arise. More interesting when there's a double party fault!

Edited by SJC1000rr
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JackFlash Veteran

JackFlash

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That's what happens in Russia - in all car/pedestrian accidents the driver must compensate the pedestrian. This has created a cottage industry of insurance scammers that will throw themselves in front of vehicles in hopes of a payout:

If you could get one of these idiots to land on your hood, you could speed up to about 50 MPH and slam on the brakes. Or, if one purposely ran into the side of your car, make sure you back up and get them good before you drive off.

.

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slingingchic Mentor

slingingchic

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They never did seem to name the drive publicly. Although the accident was August 19th neither the State nor OSUPD appears to have any record of the accident. I know the driver was charged with Agg Veh assault, but I challenge that concept because the accident was not his fault. Unless they can prove that a sober driver would have stopped in time to avoid the drunk (reportedly) jaywalking (proven) girl... But I can't find a status for that case.

EDIT: Got a name - William Anderson, 21, OSU student. But now FCMC has nothing under this name. Possibly William is a middle name?

EDIT: William C Anderson. Charges apparently have not yet been filed, and the accident report has not yet been finalized.

I don't know if he will be charged or possibly waiting to see how all of her surgeries go. They haven't posted anything on her Facebook page lately. Anden and I know her father and haven't been in his store lately to speak with him.

http://www.facebook.com/PrayForRachel

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Scruit Grand Master

Scruit

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I still don't see how this accident it an Aggravated Vehicular Assault. Being drunk doesn't automatically make him at fault for the accident, and she crossed the road outside of a crosswalk, at night. Were the circumstances such that had he been sober would he still have been charged? What was it about the accident that makes the police think that the DUI contributed?

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