[nagdu] Washington - Guide dog killed crossing Kennewick street

Wed Mar 24 01:08:00 UTC 2010

Albert,
    I have an idea! Go to a busy intersection in new York City and step out 
into traffic! Let us know how you fare in court, if you are alive to fare!

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 6:44 PM
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street


> Maybe we should just agree to disagree. I am not inclined to follow your
> line of thinking here especially when laws such as the ones on the books 
> in
> many states require a car to stop the moment a blind person steps into the
> road, I have seen that even if the blind person neglected to use his cane 
> or
> dog and should for whatever reason fly solo, this would not preclude a
> driver from taking responsibility to stop and allow the pedestrian to 
> pass.
> So, it seems we are going to agree to disagree here,
>
> 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 6:03 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 
> street
>
> Albert,
>    As you stated, drivers should use "due caution" to avoid striking a
> pedestrian. At the same time, if that pedestrian - whether blind or
> sighted - is crossing against the light and is struck or in any other way
> causes a traffic crash, such a pedestrian may likely be party to a law 
> suit
> to recover damages resulting from the crash. The only thing I see in the
> laws that I have read is that the failure of a blind person to use a cane 
> or
>
> guide dog cannot be used to assign a portion of the contributory 
> negligence.
>
> Other than that fact, the negligence of a blind person to observe other 
> laws
>
> pertaining to safe pedestrian travel can be used to assign a person's
> contribution to the incident that causes the damages being recovered.
>
> Fraternally yours,
> Marion Gwizdala
>
> ----- 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 3:42 PM
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 
> street
>
>
>> No, not unless and until there are audible crossing signs to allow for 
>> our
>> choice to ignore said signage and then perhaps only then could I see a
>> lawyer attempting to make that case. However, an elementary glance at the
>> laws as they pertain to pedestrians of all abilities make the drivers
>> responsible  for taking all actions to avoid hitting a pedestrian. Now,
>> how
>> all that would play out in court should it go that far is only to be
>> decided
>> in a court room. But first and foremost, blind or not the laws as written
>> require that all drivers yield the right of way to a pedestrian, unless
>> that
>> is a specific law includes guidelines pointing out specifically that a
>> drivers responsibility is waived if a pedestrian crosses against the
>> light.
>> I have yet to see any statute expressly making such a statement. If you
>> can
>> find one share it here could make the discussion a little more
>> interesting.
>>
>> 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 Dan Weiner
>> Sent: Tuesday, March 23, 2010 3:09 PM
>> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
>> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
>> street
>>
>> , a hypothetical question, guys.
>> Now, whether we like to admit it or now, all of us have crossed against
>> the
>> light at least once.
>> There's no moving traffic, or the cars turn in strange ways or something.
>> So, if we cross against the light, but not deliberately in to traffic,
>> what
>> would be the implications of that?
>> Would you then say that we have partial responsibility?
>>
>> Dan W. and the big boy, Carter
>>
>>
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