[nagdu] Washington - Guide dog killed crossing Kennewick street

Tue Mar 23 02:01:18 UTC 2010

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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