[Nfbf-l] White cane Law

Sat Mar 6 02:34:42 UTC 2010

Dear Pat,

It would be good to know more about the accident and where and why the 
person was crossing at the place they were.
Were they crossing there because there was no curb cut at the corner?  Was 
the person forced to seek a place, such as a driveway to get from the 
sidewalk to the street surface due to lack of a curb cut?
If so the County or city could be negligent and partly to blame for the 
accident due to lack of ADA Title 2 violation.
It is 20 years now after the passage of the ADA and no County or City should 
be in violation of the regulations now.  If they are a lawsuit should be 
undertaken to force them to meet compliance.
Was the person coming out from between parked cars and not visible to the 
driver?  Was Due Diligence observed by the driver and proper respect shown 
to the lady in the wheelchair?
These are all questions that would be good to know in evaluating this 
accident.
Too often the police offers seem to give the case away in favor or of the 
driver when investigation shows that the disabled person was in the Right 
and violated.
I have a DVD of a White Cane Day Walk event that shows drivers violating the 
Law and the Rights of the Blind to cross the street, with a police officer 
stand in there being begged to enforce the law and refusing to do so.
They many times have the attitude that we, the blind and disabled, should 
not be out there crossing the streets in the first place.

David Evans, NFBF and GD Jack.

----- Original Message ----- 
From: "Patricia A. Lipovsky" <plipovsky at cfl.rr.com>
To: "NFBF List" <nfbf-l at nfbnet.org>
Sent: Monday, March 01, 2010 11:20 AM
Subject: [Nfbf-l] White cane Law

> Hello everyone.
>
> Since I am involved in our white cane acgivities here in Daytona, I 
> thought I would share a copy of the White cane Law which covers both 
> visually impaired and blind, as well as mobility impaired folks using a 
> mobility aid, with those that might be interested.  As I said in a 
> previous post, the person in a wheel chair that was hit and killed was not 
> cfossing at a light or cfoss walk, so I'm not sure if that particular 
> incident would constitute any legal action.
>
> WHITE  CANE  LAW
> FS 316.1301, 316.1303
>
> Drivers MUST STOP
>
> For Pedestrians
>
> with a white cane, guide dog or mobility aid
>
>
>
> The 2006 Florida Statutes
>
> TITLE XXIII,  MOTOR VEHICLES, CHAPTER 316, STATE UNIFORM TRAFFIC CONTROL
>
> http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/ch0316.htm
>
> White Cane Laws
>
> 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.
>
> History.--ss. 1, 2, 3, 4, ch. 25269, 1949; s. 10, ch. 26484, 1951; s. 360, 
> ch. 71-136; s. 18, ch. 77-259; s. 1, ch. 89-32; s. 1, ch. 92-296; s. 307, 
> ch. 95-148; s. 6, ch. 95-327; s. 16, ch. 96-350.
>
> Note.--Former s. 413.07.
>
>
>
> 316.1303  Traffic regulations to assist mobility-impaired 
> persons.--Whenever a pedestrian is in the process of crossing a public 
> street or highway and the pedestrian is mobility-impaired (using a guide 
> dog or service animal designated as such with a visible means of 
> identification, a walker, a crutch, an orthopedic cane, or a wheelchair), 
> the driver of every vehicle approaching the intersection, as defined in s. 
> 316.003(17), shall bring his or her vehicle to a full stop before arriving 
> at such intersection 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 section shall be punished as provided in 
> s. 318.18(3).
>
> History.--s. 2, ch. 89-32; s. 2, ch. 92-296; s. 308, ch. 95-148; s. 17, 
> ch. 96-350; s. 1, ch. 2005-260.
>
>
>
>
>
> ***"Whether you think you can, or you think you can't_ you're right."
> Have a great day, and Keep Smiling
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