From: sjk@strl.labs.tek.com (Steven King)
Newsgroups: rec.running
Subject: Re: Fun with a truck
Date: 17 Dec 92 21:18:49 GMT
Reply-To: sjk@strl.labs.tek.com (Steven King)
Followup-To: rec.running
Distribution: na
Organization: Software Technology Research Lab, Tektronix, Inc.

In article <1992Dec9.155011.1@skcla.monsanto.com>, julien@skcla.monsanto.com writes:
|> In article <1992Dec9.065628.8883@lmpsbbs.comm.mot.com>, bobsar@ecs.comm.mot.com (Bob Sarocka) writes:
|> > In article <1992Dec8.160124.22587@walter.bellcore.com> kenl@origami.cc.bellcore.com (Ken Lehner) writes:

|> >>I had some fun with a truck in St. Petersburg Beach, FL, over the weekend.
|> >>I was out running just before sunset, on the sidewalk, with traffic, on a
|> >>4 lane road (2 each way).

[Stuff deleted]

|> >>Did I have the right of way?

[More stuff deleted]

|> > I have encountered similar situations as you, and have dented two hoods
|> > with my fist in retaliation.  Childish, perhaps, but these people need
|> > to learn that running over pedestrians is not acceptable behavior.
|> 
|> My question is: Could the person(whose car you dented) have filed a police
|> report or taken any legal action against you for damaging his car? Would he win
|> or would your actions be justified because the driver initially was at fault? 

The general rule in all 50 states is that pedestrians have the right-of-way
over vehicles in these situations.  This includes autos turning on a green
light when a ped. is in the crosswalk, turning into parking lots, turning
right on a red whan a ped is xing (or is coming fast on the sidewalk).

I once had a man in a BIG 4wd truck try to beat me on a green light.  We
were on opposite sides of the crossing, he was turning in my direction,
and the light just turned green.  He gunned it on the green, I ran off
the sidewalk at the same time.  He was going to hit me so he jammed on
the brakes, honked the horn and displayed his IQ with his middle finger.
I responded by stopping in the middle of a 4 lane road, slamming my hand 
on his hood, pointing at him and yelling "I have the right-of-way, you
xxxxer!"  He looked really surprised and his face flushed in embarrassment.
My hope was that he felt really stupid when he got home.

I doubt that he would have recourse had I dented his car.  I could always 
claim that it was in self-defense.  (BTW: I was almost run off the road by
a car while on a training ride once.  The Oregon police took a real dim
view of the driver, who was ultimately convicted of reckless endangerment
and attempted vehicular homicide.  His license was revoked for one year
and he had to attend anger counseling.  They never said "boo" about all
the dents I put into the passenger side of the car while under the
influence of complete terror.)

As a rule, however, I don't slap cars if it's an honest mistake.  As a
driver I appreciate how hard it is to see someone at dusk, especially if
they appear to come out of nowhere.  That's why I've taken to wearing
reflective bands around my ankles and a sash across my torso whenever I'm
out at night.  Ten bucks worth of protection is worth a ton of vehicle
(or something like that :^).

Steven (sjk@strl.labs.tek.com)

"Sometimes if you have a cappuccino and then try again it will work OK."
(Dr. Brian Reid)  "Sometimes one cappuccino isn't enough." (Marcus Ranum)
"A double vanilla latte always works."  (Me)
Newsgroups: rec.running