Comment 85551

By jonathan dalton (registered) | Posted January 25, 2013 at 18:57:51 in reply to Comment 85518

I think you're confused about who has the 'onus' here. Of course everyone is responsible for their own actions. Of course we all must drive, walk or cycle defensively if we want to avoid accidents. Counting on others to not make mistakes is not effective.

Legally however, a driver is required to be in control of their vehicle at all times. This is why you fail a driving test if a pedestrian steps out into the roadway well ahead of you, and you fail to respond by slowing down. This does not mean that pedestrians are entitled to step into traffic at any time. It is a bad idea, and depending on the context illegal, but that does not change the fact that the driver is responsible.

A cyclist is also legally responsible to be in control of their bike, which is treated as a vehicle. Cyclists must yield to pedestrians, drivers of cars must be aware of bicycles and slower moving vehicles. This is all part of the highway traffic act and it's explained in the drivers handbook that I read when I was 16.

I don't see any pedestrians here exhibiting such a sense of entitlement as to believe they should have human shields and not suffer the inconvenience of having to be aware of traffic. We are simply asking for safe infrastructure, that which has proven to be effective in minimizing accidents.

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