over the mountain
03-08-2011, 11:38 AM
Whether you might be found negligent for a civil matter would depend on the good ole legal standard of "what would a reasonable person under the circumstances do". The reasonable person standard is used for almost all civil negligence matters. Violation of traffic law statutes such as speeding or jaywalking is evidence of negligence but the mere violation does not establish per se or clear breach of the reas person standard. Violation of the law would have to a contributing factor to the act of negligence.
Circumstances would include things like visibility at the intersection, clothing of the ped, spped of the vehicle, who had a green, last clear chance to avoid collision. Large trucks double parked right at the edge of intersections create many collisions/problems.
In Md a civil plaintiff can not be contributorily negligent so if you hit a jaywalker, most likely a jury/court would find the jaywalker cont negligent.
Also re bicyclists, i used to hate them for their double standard attitude of wanting respect as another vehicle on the road but then they turn into jaywalking peds at a red light. Under the MVA driving guidelines which i read/review every so often it states that a bicyclist must make every effort to not block/take up a lane and to be as far to the right of the lane as possible and follow all vehicle traffic laws.
So they cant take up the whole lane if it is reasonably safe for them to move over to the right side of the lane. While the MVA guidleines are not law, they are a good starting point for proper operation of a vehicle or bicycle and are avail online if you ever have a question.
Circumstances would include things like visibility at the intersection, clothing of the ped, spped of the vehicle, who had a green, last clear chance to avoid collision. Large trucks double parked right at the edge of intersections create many collisions/problems.
In Md a civil plaintiff can not be contributorily negligent so if you hit a jaywalker, most likely a jury/court would find the jaywalker cont negligent.
Also re bicyclists, i used to hate them for their double standard attitude of wanting respect as another vehicle on the road but then they turn into jaywalking peds at a red light. Under the MVA driving guidelines which i read/review every so often it states that a bicyclist must make every effort to not block/take up a lane and to be as far to the right of the lane as possible and follow all vehicle traffic laws.
So they cant take up the whole lane if it is reasonably safe for them to move over to the right side of the lane. While the MVA guidleines are not law, they are a good starting point for proper operation of a vehicle or bicycle and are avail online if you ever have a question.