Comment 87256

By kevlahan (registered) | Posted March 15, 2013 at 14:40:55 in reply to Comment 87241

I agree that this is dangerous behaviour, but it is primarily harmful to the law-breaker, not others.

When a motorist engages in dangerous behaviour (speeding, running a red light, failing to yield to a pedestrian in a crosswalk or at an intersection), it is harmful (often lethal) both to the driver and especially to vulnerable road users, such as pedestrians and cyclists. This is an important distinction.

Also, as pointed out by Arien, driving a vehicle is making a deliberate choice to engage in an activity that is potentially extremely dangerous to yourself and to others, both in principle (due to size, energy and momentum) and in fact (around 2000 deaths and 20 000 serious injuries every year in Canada).

Choosing to walk or cycle just doesn't involve the same risks to others.

Finally, as the book "Car Jacked" points out,

http://www.amazon.ca/Carjacked-Culture-A...

in the USA (and Canada) even if you kill a pedestrian or cyclist and are at fault, it is very unlikely you will face anything more serious than a $500 fine. The only cases that result in serious charges are when it can be proved that you were deliberately trying to run someone down.

There are many cases of drivers in the GTAH being sentenced to only the maximum $500 fine after killing a pedestrian in a crosswalk, even when the driver pleads guilty to failing to yield.

http://www.thestar.com/news/crime/2011/0...

According to the article the driver was originally charged with "careless driving", but the charge was reduced because

"Police say careless driving is one of the toughest offences under the Highway Traffic Act to prove. "

In other words, the penalty for killing a pedestrian in a crosswalk is a $500 fine (and the driver's own remorse).

This shows society's true attitude: lethal "accidents" are a normal part of driving, and drivers can't be expected to pay attention all the time.

Some more examples of drivers killing pedestrians in crosswalks getting off with $500 fines:

http://metronews.ca/news/halifax/449137/...

http://gothamist.com/2011/07/14/unlicens...

http://www.thestar.com/news/crime/2011/0...

http://www.mississauga.com/article/15011...

http://www.streetsblog.org/2011/11/11/un...

$500 does indeed seem to be the normal cost to a careless driver at fault for killing a pedestrian. Far from always being "blamed", the motorist who kills a pedestrian in a crosswalk is almost always given the benefit of the doubt: they are almost always charged with the minor offence of "failing to yield", with the assumption that no one can be sure why they failed to yield ... but they probably had a good excuse.

Comment edited by kevlahan on 2013-03-15 15:41:09

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