[Blindtlk] Fw: [Nfbf-l] Question about White Cane Law

[Hyde, David W. (ESC)]

Pedestrians have the right of way in a crosswalk. Sometimes those using a white cane or dog guide have the right of way outside of one. A driver is required to show due diligence in avoiding a pedestrian, but the responsibility is not one sided. The pedestrian also has a responsibility to avoid situations which would put them in danger, e.g. walking, running or rolling in front of a car.

The thrust of the white cane law was to establish that the mere presence of a person using a cane or dog was not, in and of itself, negligent, and that blind people (and by extension others, although not stated in most laws) was not evidence of contributory negligence, and thus gave the right to be out in public.

Should this go to court, and I am not a lawyer, the question would be did either fail to exercise the caution and attention that each is required to exhibit. 

-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of Cindy Handel
Sent: Thursday, March 04, 2010 6:22 AM
To: Kori King; Blind Talk Mailing List
Subject: Re: [Blindtlk] Fw: [Nfbf-l] Question about White Cane Law

I'm certainly not an authority on the subject of White Cane laws, but I've never heard of it applying to people using wheelchairs.

Cindy
----- Original Message -----
From: "Kori King" <kking74 at cfl.rr.com>
To: "NFBnet Blind Talk Mailing List" <blindtlk at nfbnet.org>
Sent: Wednesday, March 03, 2010 8:38 PM
Subject: [Blindtlk] Fw: [Nfbf-l] Question about White Cane Law


I'm interested in feedback from this list as well, so my question is in the
below message. Thanks.
----- Original Message ----- 
From: "Kori King" <kking74 at cfl.rr.com>
To: "NFB of Florida Listserv" <nfbf-l at nfbnet.org>
Sent: Sunday, February 28, 2010 3:26 PM
Subject: [Nfbf-l] Question about White Cane Law


>I saw a news report at the beginning of this past week saying that a woman
>in a wheelchair had been killed crossing a street because a driver had hit
>her. He was not going to be punished because supposedly she didn't yield.
>Am I wrong, or doesn't this violate the White Cane Law? Is my understanding
>correct that it includes anyone using a travel aid including a wheelchair,
>even if the pedestrian isn't visually impaired? If this is so, I don't have
>names or anything, of the deceased woman or the driver, but I think he darn
>well should get punished. The bottom line is that a life was lost. What
>kind of message does that send? She didn't ask to have her life taken from
>her, and they should've taken into consideration that possibly it took her
>longer to cross than if she could've walked across. But if I'm correct in
>my interpretation of the law, she had the right of way regardless. Feedback
>on this list or privately would be greatly appreciated, and I kindly
>request that a copy of the law not be sent to me, just answers in your own
>words based on your knowledge of the law. Thanks much.
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