[nagdu] Washington - Guide dog killed crossing Kennewick street

Tue Mar 23 11:46:41 UTC 2010

BTW, since this incident happened in Washington State, does anyone have the 
applicable statutes from that jurisdiction?

Marion

----- Original Message ----- 
From: "Albert J Rizzi" <albert at myblindspot.org>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Tuesday, March 23, 2010 1:25 AM
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street

> With all do respect I read the law a little differently. The ones I sent,
> legally preclude any responsibility  for said accident on anyone other 
> then
> the sighted driver. That is not to say that the blind person could have
> contributed to the matter due to any number of reasons, but the law as I
> interpret it  does not at all consider contribution on the part of the 
> blind
> pedestrian to the problem. Onus is on the driver  or so it seems to me.
>
> Albert J. Rizzi, M.Ed.
> CEO/Founder
> My Blind Spot, Inc.
> 90 Broad Street - 18th Fl.
> New York, New York  10004
> www.myblindspot.org
> PH: 917-553-0347
> Fax: 212-858-5759
> "The person who says it cannot be done, shouldn't interrupt the one who is
> doing it."
>
>
> Visit us on Facebook LinkedIn
>
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Marion Gwizdala
> Sent: Monday, March 22, 2010 10:01 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 
> street
>
> Albert,
>    This law serves to not assign contributory megligence only based upon
> blindness. In other words, an attorney cannot argue that a person's
> blindness was a contribitor the a crash. It does not, however, preclude
> assigning contributory negligence if it can be shown that the blind person
> was negligent by not using due caution. If a blind person steps out in 
> front
>
> of a moving vehicle that cannot be stopped , it does not excuse such
> behavior.
>
> Fraternally yours,
> Marion
>
>
> ----- Original Message ----- 
> From: "Albert J Rizzi" <albert at myblindspot.org>
> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Monday, March 22, 2010 8:51 AM
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 
> street
>
>
>> MARION, I AM NOT SURE THAT YOUR STATEMENT IS COMPLETELY CORRECT IN THIS
>> REGARD. AFTER RESEARCH IT SEEMS THAT MANY STATES HAVE AMENDED THIS LAW TO
>> PRECLUDE THE BLIND FROM BEING CONTRIBITORILY NEGLAGENT OR RESPONSIBLE IN
>> SOME WAY FOR HAVING BEEN HIT. I HAVE FOUND THESE REFERENCES ONE OF WHICH 
>> I
>> THINK IS FROM A SOUTHERN STATE AND THE OTHER IS WISCONSIN. SO IT SEEMS TO
>> VARY FROM STATE TO STATE. IT WOULD BE GOOD TO FOLLOW THE LEAD OF 
>> WISCONSIN
>> FOR SURE IF WHAT YOU BELIEVE IS TRUE IN YOUR STATE. WE SHOULD HAVE ONE
>> CONSISTANT AND CONSTANT LAW FROM STATE TO STATE FOR THOSE OF us who 
>> travel
>> across our country,
>>
>> PUBLIC ACCOMMODATION LAW
>>
>>
>>
>> White Cane Law 752.52 Sec. 2.(1) A driver of a vehicle shall not approach
>> a
>> crosswalk..., or any other pedestrian crossing without taking all
>> necessary
>> precautions to avoid accident or injury to a blind pedestrian carrying a
>> cane or using a guide dog.
>> (2) A driver who approaches a crosswalk or any other pedestrian crossing
>> without taking all necessary precautions to avoid accident or injury to a
>> blind pedestrian carrying a cane or using a guide dog shall be liable in
>> damages for any injuries caused the blind pedestrian...
>> 752.53 Sec. 3. A person who violates section 2(1) is guilty of a
>> misdemeanor, punishable by imprisonment for not more than 90 days, or by 
>> a
>> fine of not more than $100.00 or both.
>>
>> Then there is Wisconsin:
>>
>> Blind pedestrian on highway.
>>
>> 1) An operator of a vehicle shall stop the vehicle before approaching
>> closer
>> than 10 feet to a pedestrian who is carrying a cane or walking stick 
>> which
>> is white in color or white trimmed with red and which is held in an
>> extended
>> or raised position or who is using a dog guide and shall take such
>> precautions as may be necessary to avoid accident or injury to the
>> pedestrian. The fact that the pedestrian may be violating any of the laws
>> applicable to pedestrians does not relieve the operator of a vehicle from
>> the duties imposed by this subsection.
>>
>> 2) Nothing in this section shall be construed to deprive any totally or
>> partially blind person not carrying the white or the red and white cane 
>> or
>> walking stick or not using a dog guide of the rights of other pedestrians
>> crossing highways, nor shall the failure of such totally or partially
>> blind
>> pedestrian to carry such cane or walking stick or to use a dog guide be
>> evidence of any negligence.
>>
>> 3) No person who is not totally or partially blind shall carry or use on
>> any
>> street, highway or other public place any cane or walking stick which is
>> white in color, or white trimmed with red.
>>
>> Last Revised: February 22, 2010
>>
>> And then there is the Florida statute. No where does it lay claim to a
>> blind
>> person and their negligence, on the contrary, it goes as far as to assert
>> that anywhere a blind person steps off a curb to cross a street puts the
>> burden of responsibility solely in the lap of the driver.
>>
>> White Cane Law: 316.1301  Traffic regulations to assist blind persons
>> (1)  It is unlawful for any person, unless totally or partially blind or
>> otherwise incapacitated, while on any public street or highway, to carry
>> in
>> a raised or extended position a cane or walking stick which is white in
>> color or white tipped with red. A person who is convicted of a violation
>> of
>> this subsection is guilty of a misdemeanor of the second degree,
>> punishable
>> as provided in s. 775.082 or s. 775.083.
>>
>> (2)  Whenever a pedestrian is crossing, or attempting to cross, a public
>> street or highway, guided by a dog guide or carrying in a raised or
>> extended
>> position a cane or walking stick which is white in color or white tipped
>> with red, the driver of every vehicle approaching the intersection or
>> place
>> where the pedestrian is attempting to cross shall bring his or her 
>> vehicle
>> to a full stop before arriving at such intersection or place of crossing
>> and, before proceeding, shall take such precautions as may be necessary 
>> to
>> avoid injuring such pedestrian. A person who is convicted of a violation
>> of
>> this subsection is guilty of a moving violation punishable as provided in
>> chapter 318.
>>
>> (3)  Nothing contained in this section shall be construed to deprive any
>> totally or partially blind or otherwise incapacitated person not carrying
>> such a cane or walking stick, or not being guided by a dog, of the rights
>> and privileges conferred by law upon pedestrians crossing streets or
>> highways. The failure of any such person to carry a cane or walking stick
>> or
>> to be guided by a dog shall not be considered comparative negligence, nor
>> shall such failure be admissible as evidence in the trial of any civil
>> action with regard to negligence.
>>
>>
>> I would like to see the law you are referencing here in the hopes we 
>> could
>> amend the one you are relying on, peace.
>>
>>
>>
>>
>> Albert J. Rizzi, M.Ed.
>> CEO/Founder
>> My Blind Spot, Inc.
>> 90 Broad Street - 18th Fl.
>> New York, New York  10004
>> www.myblindspot.org
>> PH: 917-553-0347
>> Fax: 212-858-5759
>> "The person who says it cannot be done, shouldn't interrupt the one who 
>> is
>> doing it."
>>
>>
>> Visit us on Facebook LinkedIn
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Marion Gwizdala
>> Sent: Monday, March 22, 2010 5:34 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
>> street
>>
>> Dan,
>>    One scenario in which a blind person could have been at fault in such 
>> a
>> crash is if the blind person stepped out in front of the vehicle and the
>> operator was unable to avoid the crash! The White Cane Law does not give
>> us
>> carte blanche to cross an intersection at any time nor absolve us from 
>> any
>> responsibilities for our safe travel!
>>
>> Fraternally yours,
>> Marion Gwizdala
>>
>>
>>
>> ----- Original Message ----- 
>> From: "Dan Weiner" <dcwein at dcwein.cnc.net>
>> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
>> <nagdu at nfbnet.org>
>> Sent: Sunday, March 21, 2010 8:19 PM
>> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
>> street
>>
>>
>>> How exactly would the blind person be responsible in this accident, what
>>> about our trusty White Cane Law.
>>> The fact that no one complies with the law doesn't mean that lack of
>>> compliance isn't a criminal act.
>>>
>>> Dan W. and the Carter Dog
>>>
>>>
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> nagdu:
>>>
>>
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.ne
>> t
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>>
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot.
>> org
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>>
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.ne
> t
>>
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot.
> org
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net
> 