[nagdu] Washington - Guide dog killed crossing Kennewick street
Marion Gwizdala
blind411 at verizon.net
Wed Mar 24 00:48:00 UTC 2010
Albert,
One of the terms you have mentioned several times is "yield". Can you
tell me exactly what it means to "yield" and how could a law enforcement
officer objectively determine if a driver yields or not? The answer to this
question may help us better discuss this issue!
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: Tuesday, March 23, 2010 4:18 PM
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street
> Yes but neither does the law include consideration for any pedestrian
> being
> contradictorily negligent on any count. It is not prudent to take cane or
> dog in hand and march head long into traffic expecting that a law on a
> book
> is going to protect one from harm. But the law is clear no matter.
> Responsibility is on the driver to yield the right of way to a pedestrian
> regardless of whether they are blind or not. without proper citation of
> case
> law to the contrary, the law as written affords protections to the
> pedestrian and onus on a driver, the outcomes of which, if taken to a
> court
> of law would be decided before a judge or jury. That is what I am saying,
> physics has nothing to do with it actually.
>
> 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 3:59 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
> street
>
> Albert,
> The only statements made in regard to contributory or comparitive
> negligence in any of the statutes you have referenced seem to clearly
> state
> that the failure on the part of the blind person to carry a white cane or
> be
>
> accompanied by a guide dog shall not be used to show contributory
> negligence. Nothing else in any of these statutes excuse the blind person
> from any other form of negligent behavior. Am i to assume from your
> statements that blind people are inherently unable to understand the laws
> that apply to other pedestrians or the universal laws of physics? If we
> are
> to expect equal protection under the law, are we not also equally
> responsible under the law?
>
> 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: Tuesday, March 23, 2010 9:16 AM
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
> street
>
>
>>I have done that previously. Would you please provide verbiage wherein it
>> specifically and clearly states as you have here, that the blind person
>> can
>> be contributory negligent. I sent Wisconsin , Florida and I think Wyoming
>> statutes. Would like to see your references to see how I might be able to
>> sway my thoughts and opinions on the subject at hand.
>>
>>
>> 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 7:46 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
>> street
>>
>> Albert,
>> Would you please send us the texts of at least two of these statutes
>> to
>> which you rfer?
>>
>> 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: 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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>>>> t
>>>>
>>>>
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