Smack, boom, bang..

I swear. They need to bring back Elmer the Safety Elephant, who always reminded kids and adults that you should "Look both ways before crossing the street". I experienced my first road rash last night.

*sigh*

I had gone to a poker game at a friend's house and had even stayed away from the booze since I was riding home and wanted my senses around me. Toronto had experienced a series of major storms and the roads, while dry by the time I left, would be filled with gawking drivers looking at the damage. The wind was against me but I was enjoying the 12-1am ride back home from my friend's house. I was about 5 minutes from home, barrelling down Sherbourne near the Phoenix Nightclub, when I saw two girls emerging from the club. I was tweeting my whistle and heard the cries of "Watch out!" from the bouncers but they were oblivious to it all. I tried braking but too late (I found the skid mark today when I went back to check things out). It was hard to go from 37.5KM/hr to 0KM/hr in less than a few feet.

*BAM*

Missed one, hit the other. She didn't seem to have anything broken but held her nose (no blood from what I saw). After the bouncers had checked them out (and admonished them for being in the bike lane to begin with), they came over to see how badly hurt I was. The only bloody part was my elbow, which was the "road rash" victim. My index finger had been jammed somewhat and I saw some bruising on my left calf. Otherwise I was relatively unhurt. As was my bike (only 2 months old at this point!). I had to put the chain back on (and on later inspection noticed that the left side of the handlebar tape had been sliced) but otherwise, the bike was fine and even the paint survived with one itty bitty scratch.

I suppose I should have been breaking sooner but geez. Brightly lit street, bike with 15W HID light, tweeting whistle and bouncers trying to warn you while you're jaywalking. Sorry but, IMHO, y'er at fault. If I had been a car, they'd be 50 feet further down the street and the coroner would be visiting.

I dunno. Is it that hard to look both ways first? :mad:

Hey Hey,


Glad that you were all right... I thought they announced that they wouldn't be opening the Phoenix anymore after the shootings that had taken place in that area... or is that just for their Sunday Hip Hop night..

Anyways.... on with the story.. the girl got what she deserved if her nose is broken.. but I'm not sure I agree that it was their fault.... I guess because I'm a pedestrian more than anything else... When I'm out biking I stop for every pedestrian whether it's the road, the bike lane/path or a sidewalk. The law says that the pedestrian always have the right-of-way and I guess I always respect that because when I'm a pedestrian I demand the right-of-way... I've damaged cars before that have refused to yield the right-of-way and told of drivers on several occasions... A person can step out in front of a moving vehicle and the driver is still technically at fault... While I agree in this case the person was obviously being an idiot, technically you were at fault... At the same time I always make sure the vehicles have enough time to stop for me or wait until they pass and that's only common sense.... I think that more laws should be based on common sense... That'd smarten people up.. but at least you're ok... and they didn't try anything stupid like pressing charges... and at least one of them was punished for their stupidity...

Peace,
HT

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The law says that the pedestrian always have the right-of-way and I guess I always respect that because when I'm a pedestrian I demand the right-of-way...

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Not true. Remember that jaywalking is against the law (if pedestrians had right of way, then jaywalking would be legal). Check Sections 144(7) and 144(8) of the Ontario Traffic Act. Pedestrians only have right of way in the crosswalks. Otherwise, they are required by law to wait until traffic is cleared. Vehicles have right of way on the road. Technically, they were at fault.

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Originally posted here by MsMittens
Not true. Remember that jaywalking is against the law (if pedestrians had right of way, then jaywalking would be legal). Check Sections 144(7) and 144(8) of the Ontario Traffic Act. Pedestrians only have right of way in the crosswalks. Otherwise, they are required by law to wait until traffic is cleared. Vehicles have right of way on the road. Technically, they were at fault.

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That's true.. jaywalking is against the law... but when was the last time you saw someone receive a ticket for it? Hit a jaywalking person with a car and see who's at fault... that's all I'm saying...

I don't think you were wrong.. but a person on foot is never at fault..

A drunk guy jumped in front of my friend and my friend was still at fault... It's the joy of a messed up legal system.

Peace,
HT

Actually...jaywalking is not a crime...it falls under municipal bi-laws and can vary from city to city...it is a violation and not a crime...like a parking ticket.

In Toronto it's not against municipal law to jaywalk...

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Jaywalking is on the rise in Toronto and has proven fatal time and again. But police say that crossing the street is not illegal as long as you don’t interfere with traffic.

Early Sunday morning 80-year-old Maria Eramo was attempting to cross Danforth Avenue when she was hit by a van. She later died at St. Michael’s Hospital. She was jaywalking when the van hit her.

She was the 39th pedestrian killed in Toronto traffic mishaps this year.

“You can cross the street if there’s no traffic,” Toronto police Traffic Services Sgt. Robb Knapper said. “But if a car or bicycle has to avoid you, you can be charged with interfering with traffic.”

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it's the ' pedestrians ' responsibility to ensure he/she is not interfering with traffic while jaywalking...

pedestrians do have the right of way at intersections.

http://observer.thecentre.centennial...ians112503.htm
Pedestrian deaths rising


Eg ;)

Glad to hear you're ok MsM!

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But police say that crossing the street is not illegal as long as you don’t interfere with traffic.

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But, unfortunatley some folks don't give enough credence to the rights of the bike operator. I have been run off the road and have had near hits like the one MsM experienced. Additionally, we have a real problem with pedestrians here during the summer and several get hit by cars every tourist season. The local officials actually reduce the speed limit during our tourist season to help with the car vs pedestrian accidents. Even so, the pedestrian believes he has the right of way (or doesn't care) and walks across the road to the beach. Thump! many are seriously and fatally injured. Not really the car driver's fault, they bolted out from between cars. If they are not in the crosswalk, they may become road kill.

Granted the police should be chasing bad guys, but I'd like to see some citations going out to pedestrians!

!~cheers~!

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“But if a car or bicycle has to avoid you, you can be charged with interfering with traffic.”

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Yes but they interfered with traffic (there are skid marks from my attempt to stop) and it was the middle of the block, not near an intersection.

Hi msM~,

Glad to hear that there were no serious injuries.

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I swear. They need to bring back Elmer the Safety Elephant

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Over here we had the "Tufty club" (Tufty was a European red squirrel). That was followed by the "Green Cross Man"...........the actor (Prowse?) later went on to play Darth Vader in Star Wars........maybe we should bring him back?..............."You will look left and right or I will cut your little legs off with this light sabre" :D

We currently have a campaign aimed at teenagers using their mobile phones and stepping out without looking.................apparently there are about 60 accidents a week that can be attributed to mobile phones :eek:

:)

Hi MsMittens,

Me:

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it's the ' pedestrians ' responsibility to ensure he/she is not interfering with traffic while jaywalking...

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You:

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Yes but they interfered with traffic (there are skid marks from my attempt to stop) and it was the middle of the block, not near an intersection.

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That is what I said...they interfered with traffic...thus caused a hazardous situation, for you, themselves, and others.

As to the rest I was just clarifying the law...and, to further clarify, bicycles, even though they are not powered by motors are considered the same as and fall under the same laws and guidelines as motor vehicles ( eg. trafffic and motor vehicle acts ).

Eg ;)

What driving instructors over here call anticipation, is a a great skill. A lot of people see it as precognition or esp, it's not. It is the ability to observe and then act on what you have observed.. Your op, MsM, shows you antincipated the situation albiet with with hindsite. Imagine the consequenses if you had been in a car?

There is no comfort in being correct or in the right, if your actions have affected someonens life. Always expect the unexpected and always allow for the stupidity of other road users.

Sorry for the lecture, I trained as a driving instuctor and I have passed the advanced driving test( fully paid up member of the milking the cow brigade). :)

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The law says that the pedestrian always have the right-of-way

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I am sorry but I also think that it classifies any one not on a motorized vehicle as a pedestrian so even if you are on a bike you still are considered a pedestrian. This also reminds me of a funny story I went to pennsylvia with my friend and get this tractor he bought and their is this guy who is in a wheel chair so he doesn’t have a car he just got a motorized chair and uses that, well one day he was a little drunk and he hit a parked car with his chair no real damage just some paint scratches but the cops can and arrested him for DWI and put points on his licenses and ever thing.
Sorry for getting so off topic but it just reminded me of it.

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Originally posted here by Riot
I am sorry but I also think that it classifies any one not on a motorized vehicle as a pedestrian so even if you are on a bike you still are considered a pedestrian.

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Hey Hey,

As Eg. posted earlier while biking you are considered to be on a motorized vehicle.

Peace,
HT

wow didn't see that earlier sorry about that.