Comments on: Driver cited in death of baby in stroller http://azbikelaw.org/blog/driver-cited-in-death-of-baby-in-stroller/ Cycling, traffic safety and legal topics; energy, transit and transportion economics Mon, 21 May 2012 20:01:45 +0000 hourly 1 http://wordpress.org/?v=3.3 By: clayda lozoya http://azbikelaw.org/blog/driver-cited-in-death-of-baby-in-stroller/comment-page-1/#comment-2920 clayda lozoya Tue, 06 Apr 2010 07:58:55 +0000 http://azbikelaw.org/blog/?p=781#comment-2920 Thank you so much for your info on some laws here in az and thank you for your support in the case of my son death. Its been almost seven months since our accident and since then I have more and more people beening killed by drivers who are texting on phones,changing a cd,or really just in a rush to be somewhere. I agree that these laws need to be changed. Its not fair to the love ones to have a great loss such as mine but to see the person who caused that loss walk away with only paying few dollars. I'm almost sure that the driver in our accident surely as nightmares of that day but honestly what kind of nightmares and grief does she have if she could keep and drive the same suv that she killed my son in.I'm outranged that little as happened in my son case.but I plan to change what laws I can for people who suffered and are still suffering like I am.once again thank you for all your comment and advice now I know which way to proceed this matterm Thank you so much for your info on some laws here in az and thank you for your support in the case of my son death. Its been almost seven months since our accident and since then I have more and more people beening killed by drivers who are texting on phones,changing a cd,or really just in a rush to be somewhere. I agree that these laws need to be changed. Its not fair to the love ones to have a great loss such as mine but to see the person who caused that loss walk away with only paying few dollars. I’m almost sure that the driver in our accident surely as nightmares of that day but honestly what kind of nightmares and grief does she have if she could keep and drive the same suv that she
killed my son in.I’m outranged that little as happened in my son case.but I plan to change what laws I can for people who suffered and are still suffering like I am.once again thank you for all your comment and advice now I know which way to proceed this matterm

]]> By: Eric Post http://azbikelaw.org/blog/driver-cited-in-death-of-baby-in-stroller/comment-page-1/#comment-2300 Eric Post Fri, 11 Dec 2009 22:47:36 +0000 http://azbikelaw.org/blog/?p=781#comment-2300 Interesting, but want to make a clarification about tort issues. This is not the language of a tort lawyer, rather, it is the language of tort reform. Tort lawyers represent the injured. Tort reform defend the wrong doer. The language that the mother should have made eye contact is defense language to the injury that occurred. Tort lawyers might represent the mother and her right to use the sidewalk against the driver who failed in statutory and commonlaw duties. Tort reform would blame the victim and argue that there should be no recovery from the wrongdoer. Yet there is another interesting twist in the law. A "pedestrian" is a person afoot or a person in an electric personal assistive device. The baby buggy isn't electric and the baby is not afoot. Hence, technically, the baby was not a pedestrian and the statute only requires the driver to yield to pedestrians. Same issue with cyclists, they are not afoot so they are not pedestrians. This is so wrong and our laws need to be changed to fix this oversight. It is wrong to drive over people and even more wrong to blame the injured person. What part of STOP and "look" does this driver not understand? Maybe we need to modify the statutes. Instead of saying "remain stopped until safe to proceed" we need to change them to say remain stopped until you have carefully looked both ways and it is safe to proceed." My two cents. Interesting, but want to make a clarification about tort issues. This is not the language of a tort lawyer, rather, it is the language of tort reform.

Tort lawyers represent the injured. Tort reform defend the wrong doer. The language that the mother should have made eye contact is defense language to the injury that occurred. Tort lawyers might represent the mother and her right to use the sidewalk against the driver who failed in statutory and commonlaw duties. Tort reform would blame the victim and argue that there should be no recovery from the wrongdoer.

Yet there is another interesting twist in the law. A “pedestrian” is a person afoot or a person in an electric personal assistive device. The baby buggy isn’t electric and the baby is not afoot. Hence, technically, the baby was not a pedestrian and the statute only requires the driver to yield to pedestrians. Same issue with cyclists, they are not afoot so they are not pedestrians.

This is so wrong and our laws need to be changed to fix this oversight. It is wrong to drive over people and even more wrong to blame the injured person.

What part of STOP and “look” does this driver not understand?

Maybe we need to modify the statutes. Instead of saying “remain stopped until safe to proceed” we need to change them to say remain stopped until you have carefully looked both ways and it is safe to proceed.”

My two cents.

]]>