[nagdu] Washington - Guide dog killed crossing Kennewick street

Albert J Rizzi albert at myblindspot.org
Wed Mar 24 12:54:33 UTC 2010 

I refer to the common term as defined in websters dictionary. But in some of
the state laws it specifically states drivers must stop when a blind
pedestrian steps onto the road to cross with or without crossing signal or
traffic cop or in some instances even without there cane or dog. Now would
you please provide me the same courtesy   and provide those citations or
point us to the laws which you draw your conclusions from. I have asked and
gone unanswered.

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."


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-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion Gwizdala
Sent: Tuesday, March 23, 2010 8:48 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street

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
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> 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
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>>>
>>
>
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>>>> t
>>>>
>>>>
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