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

[Hyde, David W. (ESC)]

As I said, it does vary from state to state. Oregon, as I recall, includes a white cane with a chartreuse tip for the deaf blind.

 

-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On Behalf Of Marion & Martin
Sent: Thursday, March 04, 2010 3:07 PM
To: Blind Talk Mailing List
Subject: Re: [Blindtlk] Fw: [Nfbf-l] Question about White Cane Law

David,
    The other element of the White Cane Law, at least in Florida, is a higher fine and more points for violating the right-of-way of a blind pedestrian. Florida's law also applies to driveways.

fraternally yours,
Marion Gwizdala
Tampa, Florida


----- Original Message -----
From: "Hyde, David W. (ESC)" <david.hyde at wcbvi.k12.wi.us>
To: "'Blind Talk Mailing List'" <blindtlk at nfbnet.org>
Sent: Thursday, March 04, 2010 9:00 AM
Subject: Re: [Blindtlk] Fw: [Nfbf-l] Question about White Cane Law


> 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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>
>
>
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