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Reply to "5yo hit and killed in Brookland last night"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]A five year old on a scooter or bike should be on the sidewalk or right next to a parent. Unless the van was driving on the sidewalk, I don't know why you would assume it was the driver's fault. [/quote] Of course it is the driver's fault. Don't be an idiot.[/quote] It's a four-way crosswalk with no lights and 7PM at night. I'm guessing the driver didn't see the tiny 5-year-old and the parent wasn't close enough to wave the car off. Not anyone's fault.[/quote] This thinking is so false. When moving through a four way crosswalk intersection you need to be INCREDIBLY careful. The onus is on YOU to check that the crosswalks are clear. Yes, this was an accident. But the fault lies with the driver if the victim was in the crosswalk. If the victim was jay-walking, it is the pedestrian's fault. This is the entire reason we HAVE crosswalks. To protect pedestrians. [/quote] That is not true. A walker, even when using a crosswalk, must stop before entering the crosswalk to ensure cars can see them. You can't just enter a crosswalk without caution or stopping 1st. If you are jogging and immediately go into a crosswalk without stopping 1st, you are in the wrong. If you are walking and turn to enter a crosswalk without stopping 1st, you are in the wrong. Drivers can not read your mind. Drivers can't stop when somebody darts into a crosswalk.[/quote] It is true. Drivers can not hit people in crosswalks. It is the drivers duty to ensure the crosswalk is clear before proceeding. While I agree, it's good practice for a pedestrain to look both ways, the law is on the pedestrain's side. [i] (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within any marked crosswalk, or unmarked crosswalk at an intersection, when the pedestrian is upon the lane, or within one lane approaching the lane, on which the vehicle is traveling or onto which it is turning. (a-1) Whenever a vehicle is stopped at a marked crosswalk at an unsignalized intersection, a vehicle approaching the crosswalk in an adjacent lane or from behind the stopped vehicle shall stop and give the right-of-way to ensure the safety of pedestrians and bicyclists before passing the stopped vehicle.[/i] https://code.dccouncil.us/dc/council/code/sections/50-2201.28.html[/quote]
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