You could do that, but you'd be wrong. And probably should put down your phone while driving. |
Curious if pp learned to drive in Maryland. From other threads I've seen on here, it seems that driver education in that state is minimal. |
Raise your hand if you have a driver's license and you know that it's against the law in Maryland to pass a car stopped at a crosswalk (marked OR unmarked). |
This is BASIC urban biking 101, and if you don't know the answer, I sure hope you aren't biking your kids all over DC. But, in the spirit of public education: biking through a crosswalk (especially entering from a sidewalk or bike trail) is dangerous because you're moving at a speed the car doesn't expect. A car is looking for someone moving at PEDESTRIAN speed, not bike speed. |
Yes, the road design could be better and the car should have been more cautious. But parents must observe basic safe biking rules! That includes WALKING your small child across cross-walks that cross thoroughfares. |
Do you think the SUV driver did nothing wrong? |
Well, of course. Aren’t you always careful when you drive? The SUV driver was at fault. The parents could have been much more careful but it is the most basic responsibility of the driver to be safe. Not to get where you are going as fast as possible. If you can’t be safe at 35 mph, slow down. The speed limit is a limit, not a target. If you cannot see the entire striped crosswalk when you are about to cross it, slow down or stop until you can cross safely. This is Driving 101. The driver- and car-centric culture we have allows people to feel their privilege to drive outweighs their responsibility to be safe. |
Do you understand what fault means? The fact that the SUV was at fault does NOT mean the parents were not at fault. They were BOTH at fault. And since the parents have a higher duty to protect their child, I'd argue that they did a morally worse thing. Legally, I don't know. |
I have a driver's license. I couldn't have told you for sure whether it's legal in Maryland to pass a car stopped a crosswalk, but I can tell you I never pass a car stopped at a crosswalk at an otherwise uncontrolled crossing without at least slowing down enough to make sure the crosswalk is clear first. |
Legally, the SUV driver would be wrong. The law requires them to stop at the crosswalk to yield to those crossing, and the SUV didn't do that. It doesn't matter how many excuses they make for why they didn't see the girl, they are legally obligated to make sure the crosswalk is clear before proceeding through it. The SUV driver did not do that here. |
Does legal liability absolve the parents of supervising their children in a safe manner? |
Legally the driver is at fault. 100%. Drivers are required to stop for pedestrians in a crosswalk. If a driver can not see the crosswalk, because another car HAS ALREADY STOPPED, it's incumbent on them to slow down enough so that they can see the whole crosswalk and ensure it is clear. The fact that you don't know that would have me questioning your judgment. |
First, they stopped, didn't they? And the little kid was hardly speeding across the trail crossing at Lance Armstrong speed. Second, drivers at bicycle trail crossings darn well better be looking for someone moving at bicycle speed. If they're unable to do that, they shouldn't be driving. |
In fact, it's LEGALLY REQUIRED for them to STOP. A driver may not pass another car stopped at a crosswalk. |
Now you know! § 21-502. Pedestrians' right-of-way in crosswalks Universal Citation: MD Transp Code § 21-502 (2017) (a) In general. -- (1) This subsection does not apply where: (i) A pedestrian tunnel or overhead pedestrian crossing is provided, as described in § 21-503 (b) of this subtitle; or (ii) A traffic control signal is in operation. (2) The driver of a vehicle shall come to a stop when a pedestrian crossing the roadway in a crosswalk is: (i) On the half of the roadway on which the vehicle is traveling; or (ii) Approaching from an adjacent lane on the other half of the roadway. (b) Duty of pedestrian. -- A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (c) Passing of vehicle stopped for pedestrian prohibited. -- If, at a marked crosswalk or at an unmarked crosswalk at an intersection, a vehicle is stopped to let a pedestrian cross the roadway, the driver of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle. (d) Violation of section that contributes to accident prohibited. -- A person may not commit a violation of subsection (a) or (c) of this section that contributes to an accident. (e) Penalties for violation of section. -- A person convicted of a violation of subsection (d) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $ 500 or both. |