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I got a ticket from a police officer last night because he said I came dangerously close to hitting a pedestrian in a crosswalk. However, I didn't see the pedestrian because it was dark outside, and while they could definitely see my Hummer H2, I couldn't see him. Also there are a lot of crosswalks out there, so how do I always know when there's a pedestrian in one? So why wasn't the pedestrian yielding for me? It should also be their fault for not driving.

Also, does anyone know any legal recourse for this ticket, and can I sue the parents of the person I almost hit (I got the person's information, but I don't know if I can sue them because they are only 14, it is the parents, right?)

2007-04-24 13:16:25 · 21 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

Also, the ticket said I had only my parking lights on, but this should still be visible, right?

2007-04-24 13:17:21 · update #1

Paying for the ticket is no problem so no issue there. It's the principle of the matter in particular that I disagree with!

2007-04-24 13:32:15 · update #2

21 answers

The Pedestrian alway, I repeat ALWAYS has the right of way, no matter what. Try walking.

Yeah. I totally disagree with this one. Close is not hitting.
I am apt to let things go if no accident is involved.
People screw up. I understand that. I have.
Though you should take this with heed, because you could have hit one and the consequences would be more serious.

When I go to make a right turn, I am really cautious to stop and check people that might be crossing. When walking, I check to see that people see and acknowleged me.

I almost hit a person that was not crossing at a cross walk.
The person was upset at me. The nerve.
That person was lucky I didn't hit them.
I would have been cleared of the charges.

I agree that people should not just blindly trust cars.
But there are blind people and retarded people and young people who are not so aware of things.

I would chalk this ticket up to a "Hidden" tax.
You drive a Hummer. You can afford the ticket.

2007-04-24 13:31:49 · answer #1 · answered by Anonymous · 2 3

First of all, you need to stop for pedestrians in crosswalks because it is the law. Also, it could be that you did not see the pedestrian because you did not have your lights on, which by the way is also against the law. You know when there is a pedestrian in a crosswalk by putting on your headlights so you can see them.
You know, I saw a great bumper sticker the other day. It said "if your penis was as small as mine you would be driving a Hummer too" It seems to me this could have been made especially for you. What do you think?

2007-04-24 13:32:45 · answer #2 · answered by irongrama 6 · 2 0

You broke the law. That is the bottom line. Motor vehicles ALWAYS yield to pedestrians. If they didn't, more people would get hit and killed everyday. If you would have looked both directions, you would have seen him. If you don't think you should have seen the guy from atop your hummer H2, you probably are not a competant enough driver to be on the road.

You say its his fault for not driving, but then you explain that he is only 14.... how is he supposed to drive?

You cannot sue anyone when you are the one who broke the law. He could sue you for reckless endangerment and psychological damage etc. Your legal recourse options go as follow:

1) Pay the ticket and be more careful

2) get a lawyer and try to beat the ticket in court, but you would have to prove that you did in fact yield to the guy which will be hard to do. And then be more careful.

2007-04-24 13:28:30 · answer #3 · answered by Kilroy 4 · 6 0

Rules of the road, which, coincidentally, you are supposed to know in order to have the privilege of driving, state that pedestrians have the right of way in a crosswalk, when not crossing against a light.

As far as being able to be seen with your parking lights, they are PARKING LIGHTS, and are only meant to keep other idiots from plowing into your PARKED car. It is illegal in almost all states to drive with them on.

Here's a clue as to why he might have included that on your ticket, from your own quote -

"However, I didn't see the pedestrian because it was dark outside" - duh.... that's what headlights are for, so you can see things in the dark.

So, in a word, you seem ignorant of the rules of the road, including who has to yield and who has right of way. You almost pick off a pedestrian, because you're zipping around in the dark without your headlights on - and you want to come here for sympathy about your plight? Your best recourse is to pay the ticket, thank God you didn't kill anyone, and go back and take some remedial driving courses.

I can only assume this is a tongue-in-cheek posting to see how much flame action you can elicit.

2007-04-24 14:27:15 · answer #4 · answered by ? 7 · 1 0

Do you have any idea how many pedestrians are hit by cars on a daily basis?? ALOT, and it is because of drivers like you! I work in an Emergency Room and see several a DAY! You deserved the ticket. Hopefully you have learned something and will be more careful and respectful in the future. So stop whining, pay the fine and SHUT-UP.

2007-04-24 15:12:51 · answer #5 · answered by Anonymous · 1 0

No, having your parking lights on does not provide suitable illumination at night as your story clearly illustrates. If you had your lights fully on you would have been able to see the pedestrian.

In the US, pedestrians are given the right of way over the vehicle. While to some extent they should be watching out for you, it is your obligation as a driver to be aware of your surroundings and react appropriately.

You are free to file a lawsuit against the parents as the legal guardians, but you will most assuredly lose because you are at fault as evidenced by the issuance of the ticket.

2007-04-24 13:29:44 · answer #6 · answered by azrael505 3 · 3 0

You are the responsible one and that means you aren't supposed to hit pedestrians. If he ticketed you for no lights, it means the cop was probably very upset with you for nearly hitting what sounds like a 14y/o. You can try to contest your ticket and more than likely you will lose.

As far as suing the parents, I think all you will do is waste the court's time bringing these people to court. Personally, if I were the judge, I'd try to figure out a way to fine you for contempt as well for bringing a case so stupid to my court.

My advice; pay your stupid ticket. Drive with your lights on and yield to pedestrians in a cross walk. Besides that, how would you feel if you actually hit someone causing injury or death?

2007-04-24 13:29:29 · answer #7 · answered by chicago3200000 3 · 5 0

hey have a right away to lower chances of an accident . Come on think about your Hummer compared to a human which one will survive being hit. Plus since you drive a large vehicle you have a larger blind spot than in a regular size vehicle and that's why you didn't see them. Also they were teenagers of coarse they are going to be reckless. Second you want to sue over a minor ticket . Lets see you own an expensive vehicle and upset of a insignificant ticket you must be a rich snob.Grow up there is more important things to get upset about than this stupid thing.

2007-04-24 13:34:36 · answer #8 · answered by Anonymous · 1 0

If you can't see the pedestrian, you are not paying enough attention. How did you get the VICTIM'S information if you didn't even see them? Here's a tip: If you know there are crosswalks, assume there ARE pedestrians until you can SEE that there aren't. You should NEVER drive into any area where you can't see what is there.

2007-04-24 14:20:00 · answer #9 · answered by STEVEN F 7 · 2 0

Usually in all us cities the pedestrians have the right of way which we should,,i walk a lot and daily i;m almost hit by some jerk in a big van that can;t see Thur his windshield,,,,And then the people talking on cell phones and driving 'give me a break...pay the ticket and look carefully when your in your big gas hog hummer/ and turn your lights on 'that will help you to see us ,.,.,.,,,,,,,,,,,,,,,,

2007-04-24 14:16:18 · answer #10 · answered by Cami lives 6 · 1 0

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