[nagdu] Washington - Guide dog killed crossing Kennewick street

Tue Mar 23 14:55:58 UTC 2010

Albert,

Thanks for mentioning the link.  I thought I had all those fixed, finally.
I'll go through that section again and see what's going on.

Sorry for the inconvenience!

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Albert J Rizzi
Sent: Tuesday, March 23, 2010 7:06 AM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street

here is the applicable statute as requested. I tried getting it off the
nagdu  web site but it was not taking me directly to the law in the hyper
link provided. But found it I did. Below for your reading pleasure  the
Washington statute:
- HB 1966
Background:
A driver is required to stop and allow a pedestrian or bicyclist in a
crosswalk to cross the
roadway when the pedestrian or bicyclist is in or within one lane of the
driver's half of the
roadway. Regardless of whether a pedestrian is in a crosswalk, all drivers
are required to
take due care to avoid colliding with a pedestrian in the roadway.
The Washington "White Cane Law," among other requirements, creates a higher
duty of care
for drivers approaching totally blind or partially blind pedestrians using a
predominantly
white cane, totally blind or partially blind or hearing impaired pedestrians
using a guide dog,
or persons with physical disabilities using a service animal. Such drivers
are required to take
all necessary precautions to avoid injury to these individuals. Drivers who
fail to take such
precautions are specifically stated to be liable in damages for any injury
caused to such an
individual.
When a totally blind or partially blind pedestrian using a predominantly
white cane, a totally
blind or partially blind or hearing impaired pedestrian using a guide dog,
or a person with
physical disabilities using a service animal enters a crosswalk, drivers are
also forbidden
from entering the crosswalk.
Summary of Bill:
Wheelchair users and power wheelchair users are added to totally blind or
partially blind
pedestrians using a predominantly white cane, totally blind or partially
blind or hearing
impaired pedestrians using a guide dog, or persons with physical
disabilities using a service
animal as individuals for whom drivers must take all necessary precautions
to avoid injury
when approaching such individuals. Drivers who fail to take such precautions
are
specifically stated to be liable in damages for any injury caused to such
wheelchair users or
power wheelchair users.
Wheelchair users and power wheelchair users are also added to totally blind
or partially blind
pedestrians using a predominantly white cane, totally blind or partially
blind or hearing
impaired pedestrians using a guide dog, or persons with physical
disabilities using a service
animal as persons for whom drivers may not enter a crosswalk while such an
individual is in
it.

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: Tuesday, March 23, 2010 7:47 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street

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
>>>
>>>
>>> _______________________________________________
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>>
>>
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