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-- To the douchebag jwalking in the snowstorm:
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Originally posted by Moral Hazard Okay, now you're in my world (Bodily injury claims are my specialty). Unfortunately, just about every North American jurisdiction (Ontario included) has a Revers Onus of Proof when it comes to collisions between motor vehicles and pedestrians. This means that the driver of the automobile is automatically presumed negligent unless they can prove that the pedestrian was negligent. This is exceedingly difficult to do (out of several hundred pedestrian accidents I've handled I've only gotten our driver completely off on four... and two of those were suicides). In a situation like this the courts would likely find the pedestrian to be anywhere from 10-25% liable for the accident (10% for crossing not at a pedestrian crosswalk is the standard... it could be upped to 25% depending on a number of other factors). Ultimately, the courts take the view that the driver should be ever vigilant for pedestrians and always be able to avoid them. Personally, I think the judges are just being lazy or overly sympathetic (judges tend to want to give injured people money and in this case the insurance company is the only one who has any); however, that is the reality of the situation at present.

They need to change this because pedestrians have learned this and now are causing more problems. Im damned if i do and damned if i dont which means next time the douche is getting what he deserves. Sadly it's a me or you city... and its gonna be him not me.

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Originally posted by Jayx1 They need to change this because pedestrians have learned this and now are causing more problems. Im damned if i do and damned if i dont which means next time the douche is getting what he deserves. Sadly it's a me or you city... and its gonna be him not me.

nah nothing needs to change its fine the way it is

point is if u break ur car its fixable and usualy covered

if u break some1's neck, or back their life may be crippled for the rest of their life, no way to fix that.

get yourself some HID lights (dont forget to turn them on, like so many idiots on the highway) and use your horn more often

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Originally posted by Engine9 nah nothing needs to change its fine the way it is point is if u break ur car its fixable and usualy covered if u break some1's neck, or back their life may be crippled for the rest of their life, no way to fix that. get yourself some HID lights (dont forget to turn them on, like so many idiots on the highway) and use your horn more often

So you are saying that pedestrians should not take responsibility for their own safety? That its ok for me to have to pay for his negligence? That people jwalking should not be culpable for being in a place they have no business being in the first place? Id use your points to argue why the laws SHOULD change. Since jwalking can result in such serious injury, the onus should be on the pedestrian not to jwalk in the first place.

Perfect comprimise:

Pedestrian has right of way and car hits them... car is automatically at fault

Pedestrian does not have right of way and car hits them, pedestrian is automatically at fault.

Makes the driver more cautious at intersections and crosswalks. Makes the pedestrian more cautious in the middle of the street

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Originally posted by Abercrombie There was a young mom with a kid in an umbrella stroller on the side of the street (on Haida for you Jay) instead of the sidewalk. She risked her and her kid's life pushing the flimsy stroller instead of just carrying ther kid and walking on the sidewalk, which was easy to walk on, but slushy for a cheap stroller.

It just amazing how many mothers I see playing Russian Roulette with their kids, while jwalking. Fuck, go to the light, or wait till it is safe. I've even seen pregnant women with other children trying to beat traffic. If the driver were to hit that group, they would be considered a monster and shunned by society.

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Originally posted by Jayx1 No thanks... Here is the break down Car = 10 mins and $3 for an hour of parking plus about $1 gas TTC = 30-45 mins and $5.50 for return fare. Exponential if you have passengers. TTC is just not worth it.

Ah...insurance costs, maintenance...
And the cost is not exponential , it increases linearly for TTC. It's $5.50 for one person, $11 for two, $16.50 for 3. If I'm traveling with somebody on the weekend, I always get a day pass, which is $9 for two adults, unlimited for the whole day, till 5am.

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Originally posted by Jayx1 They need to change this because pedestrians have learned this and now are causing more problems. Im damned if i do and damned if i dont which means next time the douche is getting what he deserves. Sadly it's a me or you city... and its gonna be him not me.

I highly doubt the majority of pedestrians understand how liability works in a pedestrian accident.

As a driver you need to be aware of your surroundings and be aware of all reasonably possible situations, one of which would be pedestrians crossing the road...even where they are not suppose to. Like Craig said....its highly unlikely that an automobile driver will be held 0% liable for an accident involving a pedestrian. I have only had two pedestrian accidents like that and both were sucide attempts....one being on the 401.

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Originally posted by Orko It just amazing how many mothers I see playing Russian Roulette with their kids, while jwalking. Fuck, go to the light, or wait till it is safe. I've even seen pregnant women with other children trying to beat traffic. If the driver were to hit that group, they would be considered a monster and shunned by society. Ah...insurance costs, maintenance... And the cost is not exponential , it increases linearly for TTC. It's $5.50 for one person, $11 for two, $16.50 for 3. If I'm traveling with somebody on the weekend, I always get a day pass, which is $9 for two adults, unlimited for the whole day, till 5am.

Im going to own a car either way. I dont just stay downtown and i dont have time to waste on transit. Transit usually is 3 times longer than driving even in heavy traffic. I also consider my time as being worth money. Therefor it is extremely expensive to take transit. Also, $16.50 for three people when you can fit 5 in a car for under $5 is not very justified.

Until they significantly improve service and cost, I like my car thanks

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Originally posted by ChemEnhanced I highly doubt the majority of pedestrians understand how liability works in a pedestrian accident.

youd be surprised. i think most of them know the basics. The basics being "if you hit me its your fault, not mine"

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As a driver you need to be aware of your surroundings and be aware of all reasonably possible situations, one of which would be pedestrians crossing the road...even where they are not suppose to.

Of course... but at the same time if one is in the road i will obviously try to avoid them. But if i hit them why should i be at fault? They arent supposed to be there. Its akin to charging someone for beating a robber who has broken into their home. Its just a ridiculous.

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Like Craig said....its highly unlikely that an automobile driver will be held 0% liable for an accident involving a pedestrian. I have only had two pedestrian accidents like that and both were sucide attempts....one being on the 401.

Again that needs to change. Until then people will just continue to become more selfish when it comes to jwalking

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Originally posted by Jayx1 No thanks... Here is the break down Car = 10 mins and $3 for an hour of parking plus about $1 gas TTC = 30-45 mins and $5.50 for return fare. Exponential if you have passengers. TTC is just not worth it.

you're forgetting to factor in your $400 repair bill

my question to you is why didn't you report him to the police? you have a case here against the pedestrian. If you got his I.D. or a picture at least you could take that to your insurance. Not only will you get out of paying for repairs you will make the pedestrian pay for breaking the law by jay walking.

oh.. and if he refuses to give you their I.D. have a camera ready

as a pedestrian, I hate traffic lights on tiny, one way streets.. yeah, I'm one of those that pisses the drivers off, but oh well

this is what happened to my friend on sat night... it was a ridic snow storm in london.... a snow plow rear-ended him

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Originally posted by FunkyCrew as a pedestrian, I hate traffic lights on tiny, one way streets.. yeah, I'm one of those that pisses the drivers off, but oh well

Now I support running down pedestrians... well pedestrian anyway

Re: To the douchebag jwalking in the snowstorm:

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Originally posted by ChemEnhanced I highly doubt the majority of pedestrians READ TA

fixed

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Originally posted by Moral Hazard Now I support running down pedestrians... well pedestrian anyway

haha yeah yeah :P it's fun pissing you guys off.. most of the time I jog through given the car is really far away... sometimes I don't, and then you guys honk and all

Re: To the douchebag jwalking in the snowstorm:

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Originally posted by Jayx1 Thank you for causing me to swerve to avoid you thereby crashing my car into the curb at 30 km/h. Thank you for also having the concience to yell and swear at me for almost hitting you after i saved your life. Thank you for sticking me with a day off work and a $400 repair bill. Thank you for being like almost every other self rightious pedestrian in our wonderful city. Moral of the story.... next time ill just hit the ******

Couldn't happen to a nicer guy.

Some fucking clown on a bike scared the shit out of me yesterday riding between my car and the car next to me.

These guys belong on the sidewalk! I don't care what the fucking law is! Me hitting a guy on a bike is a lot more dangerous than a guy on a bike hitting a pedestrian!

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Originally posted by mute79 you're forgetting to factor in your $400 repair bill

still beats the ttc!

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Originally posted by FunkyCrew as a pedestrian, I hate traffic lights on tiny, one way streets.. yeah, I'm one of those that pisses the drivers off, but oh well

At least if you looked both ways and waited for the cars to pass.

Jwalking isnt the problem. It's stupidness while jwalking that is the problem.

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Originally posted by kotsy Some fucking clown on a bike scared the shit out of me yesterday riding between my car and the car next to me. These guys belong on the sidewalk! I don't care what the fucking law is! Me hitting a guy on a bike is a lot more dangerous than a guy on a bike hitting a pedestrian!

head on chicken on one way streets with bikes. Its a sport for me in toronto.

Re: Re: To the douchebag jwalking in the snowstorm:

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Originally posted by The Ear Couldn't happen to a nicer guy.

Aside from letting off steam on TA, im the nicest guy you would ever meet

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Originally posted by Jayx1 At least if you looked both ways and waited for the cars to pass. Jwalking isnt the problem. It's stupidness while jwalking that is the problem.

that's true, I do check for cars first
but if I'm crossing and the car is approaching (mind you I'm almost done crossing at the point) and they honk - they get a finger!

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Originally posted by FunkyCrew that's true, I do check for cars first but if I'm crossing and the car is approaching (mind you I'm almost done crossing at the point) and they honk - they get a finger!

Exhibit A as to why the law should be changed

What you should be doing is picking up the pace . Tell me what you would do back in the Ukraine? Me thinks the situation would be quite different.

quote:

Originally posted by Jayx1 Exhibit A as to why the law should be changed What you should be doing is picking up the pace . Tell me what you would do back in the Ukraine? Me thinks the situation would be quite different.

I know, I'm horrible lol
I'm usually really good in terms of crossing - even if it's green but I see a person turning, sometimes I'd even let them turn before me
so since I know I'm a fast walker, and I know the curb is very close, the driver should just relax

omg, Ukraine? I'm scared to cross on regular crossings, with a green light... people do not respect pedestrians there, full stop

quote:

Originally posted by FunkyCrew that's true, I do check for cars first but if I'm crossing and the car is approaching (mind you I'm almost done crossing at the point) and they honk - they get a finger!

Careful, if you walk across my path you might just get a finger...
/perv

Re: Re: To the douchebag jwalking in the snowstorm:

quote:

Originally posted by The Ear Couldn't happen to a nicer guy.

Really? That's just not right.

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