[nagdu] Crosswalks, the White Cane Law, and Pedestrians in General

Wed Mar 24 13:09:17 UTC 2010

Physics or not, the laws require drivers to be prepared at all times, be
aware of their surroundings at all times and to drive in a safe and prudent
manner in order to ensure the safety of others. just pick up a drivers ed
manual at your local DMV and I think your scenario will be moot as the same
relates to the topic. A driver of a car, once behind the wheel is not
expected to act wantonly and aggressively or in a manner which would put the
general public at risk as it seems your scenario suggests. A driver doing
what you suggest would have other issues to tac on to the violation of the
white cane law which would I think preclude any attorney from  applying
anything other then the laws as written. 

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 9:01 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Crosswalks, the White Cane Law,and Pedestrians in
General

Albert,
    I am still unclear about how you expect a vehicle traveling at any speed

to be able to immediately stop when a pedestrian, whether blind or sighted, 
steps out into traffic. It seems as if you would not only change the traffic

laws but the laws of physics. Newton's first law of motion  states, "An 
object in motion will stay in motion unless an outside force acts upon it!" 
and his third law of motion, "For every action there is an equal and 
opposite reaction!" Blind guy steps in front of car - crash! The driver is 
not at fault!

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 6:31 PM
Subject: Re: [nagdu] Crosswalks, the White Cane Law, and Pedestrians in 
General

>I think you are right to inform and educate the law enforcement officials 
>on
> this key issue. The law is the law, and until the law is properly enforced
> and exercised  we all of us will be at risk for near death and or 
> crippling
> outcomes.  I do feel the law is clear, when ever a blind pedestrian steps
> into the crosswalk or into traffic in the ideal world all traffic would 
> and
> should stop. But until the education and dissemination of these laws
> happens, you are taking your life in your hands which is what I think 
> others
> are alluding to when speaking of our contribution  to avoiding such
> accidents and how it would be twisted in a court of law should push come 
> to
> shove. The laws are clear to me in north Carolina and it is clear to me 
> and
> to you that the traffic should stop immediately, good luck shifting
> perceptions in your town. Make it happen.
>
> 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 Jewel S.
> Sent: Tuesday, March 23, 2010 5:40 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: Re: [nagdu] Crosswalks, the White Cane Law,and Pedestrians in
> General
>
> This is what I found on North Carolina's White Cane Laws (part of the
> generalized Pedestrian Laws, which gives pedestrians right of way at a
> corsswalk not controlled by a crosswalk light or traffic light):
>
> "Part 11A. Blind Pedestrians - White Canes or Guide Dogs.
>
> "Section 20-175-1. Public use of white canes by other than blind
> persons prohibited.
> it shall be unlawful for any person, except one who is wholly or
> partially blind, to carry or use on any street or highway, or in any
> other public place, a cane or walking stick which is white in color or
> white tipped with red. (1949, c. 324, s. 1.)
>
> "Section 20-175.2. Right-of-way at crossings, intersections and
> traffic-control signal points; white cane or guide dog to serve as
> signal for the blind.
> At any street, road or highway crossing or intersection, where the
> movement of traffic is not regulated by a traffic officer or by
> traffic-control signals, any blind or partially blind pedestrian shall
> be entitled to the right-of-way at such crossing or intersection, if
> such blind or partially blind pedestrian shall extend before him at
> arm's length a cane white in color or white tipped with red, or if
> such person is accompanied by a guide dog. Upon receiving such a
> signal, all vehicles at or approaching such intersection or crossing
> shall come to a full stop, leaving a clear lane through which such
> pedestrian may pass, and such vehicle shall remain stationary until
> such blind or partially blind pedestrian has completed passage of such
> crossing or intersection. At any street, road or highway crossing or
> intersection, where the movement of traffic is regulated by
> traffic-control signals, blind or partially blind pedestrians shall be
> entitled to the right-of-way if such person having such cane or
> accompanied by a guide dog shall be partly across such crossing or
> intersection at the time the traffic-control signals change, and all
> vehicles shall stop and remain stationary until such pedestrian has
> completed passage across the intersection or crossing. (1949, c. 324,
> s. 2.)
>
> "Section 20-175.3. Rights and privileges of blind persons without
> white cane or guide dog.
> Nothing contained in this Part shall be construed to deprive any blind
> or partially blind person not carrying a cane white in color or white
> tipped with red, or being accompanied by a guide dog, of any of the
> rights and privileges conferred by law upon pedestrians crossing
> streets and highways, nor shall the failure of such blind or partially
> blind person to carry a cane white in color or white tipped with red,
> or to be accompanied by a guide dog, upon the streets, roads, highways
> or sidewalks of this State, be held to constitute or be evidence of
> contributory negligence by virtue of this Part. (1949, c. 324, s. 3.)"
>
> If I am reading this right, this means that if I extend my white cane
> in front of me at arm's length at the crosswalk, all cars are to come
> to a full stop until I am completely across. Am I reading this right?
> If so, I need to talk to the ocal police about working to enforce this
> law, because no one is actually following it, and I often have
> difficulty getting across crosswalks even when the light is with me,
> let alone at a crosswalk that is not controlled by a traffic light
>
> ~Jewel
>
> On 3/23/10, David Baker <david at bakerinet.com> wrote:
>>  Good cane technique and good judgment would preclude using it as a 
>> weapon
>> against a car.
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of
>> Mark J. Cadigan
>> Sent: Tuesday, March 23, 2010 3:30 PM
>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Crosswalks, the White Cane Law,and Pedestrians in
>> General
>>
>> If you are using a cane properly there should be no damage dun to the
> cars.
>> Especially not to the hood.
>>
>>
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