doublen00b t1_j64l9gc wrote
Reply to comment by Wildwilly54 in Bicyclist involved in Jersey City hit-and-run by Councilwoman DeGise files $1M tort claim by EyesOnImprovement
There is merit here- drivers are supposed to take “evasive action” and avoid “failure to yeild”.
Amy was clearly not paying attention, failed to even attempt to stop, stay at scene etc. Right of way doesn’t overrule common sense. Its why cars cant simply run over protesters when they block highways or roads.
cC2Panda t1_j64prtc wrote
Amy is a piece of shit but he came out from behind stopped cars, it'd be hard to convince a reasonable person that she could have reasonably avoided the accident.
kulgan t1_j64t9o0 wrote
If she'd slammed on her brakes at any point, and of course stopped and rendered aid if she did hit him, maybe. Instead, she had no reaction at any point in the next 6 hours.
cC2Panda t1_j6521w5 wrote
We're not arguing whether or not she did the right thing after the fact. She had a second or two at the most to react from the time he appeared from behind the parked cars on the street. I don't think many civil juries would say that given the circumstances that she was at fault for the accident.
kulgan t1_j6537ce wrote
She had closer to 3 seconds if I recall correctly. That's enough time to get your foot off the gas and onto the brake, even if it's not enough time to stop. She did none of those things.
cC2Panda t1_j656uzz wrote
You can watch the video it's not 3 seconds, regardless in NYC(the nearest I can find actual stats for) less than a third of drivers in fatal accidents with cyclists/pedestrians are even charged let alone convicted of anything. Our society has decided the privileges of incompetent drivers supercede the lives of pedestrians and cyclists. I seriously doubt the cyclist will convince a jury to award him anything.
doublen00b t1_j65353h wrote
None of what you are saying rules out drugs, alcohol, medication, phone use etc… all of which would put her at fault.
Wildwilly54 t1_j64mggf wrote
She has the green light, and it wasn’t like it just turned green …it’s a good ten seconds. There’s also a car illegally parked in the crosswalk on the corner obstructing her view from where this clown was coming from. 95% of drivers would have tagged him.
Granted I would have slowed down when I saw the car parked in the cross walk because I’ve had plenty of morons pop out from behind them over the years. But everything leading up to her hitting the guy wasn’t really her fault at all.
doublen00b t1_j64qoue wrote
I understand completely what you are saying. My understanding is that the law is written that you are to try and avoid accidents all costs. She pled guilty already to fleeing the scene of accident and failure to report.
I would bet a good attorney sees a window and can create a scenario that she was negligent or not fully paying attention and did nothing to avoid the accident. Maybe cell records will be requested, medical history etc (driving on meds when not supposed to etc), substance abuse, without knowing a lot more its hard to say what happened.
I would put money on out of court settlement.
objectimpermanence t1_j64zb94 wrote
> There’s also a car illegally parked in the crosswalk on the corner obstructing her view from where this clown was coming from. 95% of drivers would have tagged him.
I think you hit the nail on the head. Most drivers probably would have hit him.
But technically drivers are supposed to slow down when approaching an intersection with obstructed views. Having the green light doesn’t absolve you of the responsibility to take reasonable steps to avoid hitting someone.
So I wouldn’t be surprised if the cyclist’s lawyer tries to make that argument.
Even though slowing down might not have avoided the collision, it would have reduce the severity of the injuries. The fact that she hit him and didn’t even tap the brakes afterward is a really bad look for her.
joejoeaz t1_j68nd2c wrote
Completely not at fault.... Until she fled the scene... If she was not in the wrong, she really, really, really, should have stayed. But alas she fled, and now she's infamous for being a piece of human garbage.
GhostOfRobertTreat t1_j6530og wrote
This guy should have been fined too! Just blew right through a red light into traffic!
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