Fail to Yeild to Pedestrian fatal error on ticket?

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by: bend on
Mon Apr 14, 2014 5:18 pm

johnwhite wrote:A pedistrian got hit at the crosswalk when i was taking a right turn i tried to take pictures of the scene but was stopped by the police. Do they have a right to do this?
The officers priority is the well being of the individual whom you hit. While the act of taking pictures isn't a crime, being in the way can be. They have a responsibility to make sure the area is clear so any personnel can get in and out of the scene. Seeing how an ambulance was involved, that's probably the case. Your pictures are not a priority, therefore you should leave the area if you've been asked to.
johnwhite wrote:Is it mandatory to get a ticket when a pediatrian gets hit at a crosswalk?
I'm not sure where you're going with this. If an officer believes there is enough in front of him to lay an appropriate charge on you, he can and will do so.
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by: highwaystar on
Fri Apr 25, 2014 9:54 am

johnwhite wrote:you did not anwer my question the police was not there so is it mandatory
Officers don't have to witness an incident themselves to lay a charge. They can do so based upon other evidence, such as witnesses, accident reconstructions, video, etc.

Generally, if you hit a pedestrian at a cross-walk, the driver is charged since the pedestrian has the right of way and the driver should have paid more attention. After all, if the pedestrian was travelling by foot, the driver should have seen them and waited because the pedestrian's speed and distance is not going to be THAT significant for the driver to not be able to anticipate. On the other hand, if the person was on a bike, scooter or other mobile device, the driver usually has a better chance to defend themselves.

That's not to say that all drivers who hit a walking pedestrian are at fault----rather, its just a lot more difficult for them to defend their actions. The court will likely want to know whether they took all reasonable steps to ensure the turn was done in safety. After all, a pedestrian could wave the driver through and then jump in front to purposely get hit as part of an insurance scam. But, that's tough to show without a dash cam.
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