In Europe if you strike a pedestrian on the crosswalk you'll definitely loose your license and be looking at manslaughter charges too while your insurance company will murder you after paying the victim's medical/disability/court bills.
I was 16 at the time. Really shaken up about what had happened. But after collecting myself and fixing the dangling headlight I was able to drive home. I got a ticket for not giving way to the pedestrian (€45 I believe) and insurance covered everything regarding the woman. Didn't even get a letter other than one that they would take of everything.
So yes it happens here too (The Netherlands)
I.e. you weren't driving a car and you were underage.
I'm not saying that the legal system in The Netherlands is unreasonable or anything, but I feel like your case doesn't really represent the kind of case people are thinking of in this thread.
Be aware though that this is not always the case. For instance if you are driving next to a playing field you are expected to watch out and brake for children who can always show up on the road and not doing so has consequences.
If you ask a person on the street why they don't exchange a quick car ride with riding a bike or walking, they may tell you that they're scared of getting hit by a car - and this is probably before getting hit by a car.
I can't really quantify the emotional stress riding bikes costs me now each, and every time a car almost hits me (which is a regular basis), but it's something I have to now live with. And I friggin' love riding bikes.
It was night time, rainy and the victim popped out from the space between two parked cars and ran just in front of the motorbike to quickly cross the road.
There was automatically a trial anyway for manslaughter and my relative was not found guilty of anything. I think it's a good thing to automatically have a trial anyway. The rule here is "the driver must be in full control of its vehicle at anytime". It basically means that if you could have physically avoided a pedestrian (factoring in response and braking times..), you'll be found guilty even if the pedestrian was outside of a crosswalk for instance.
For example, consider a situation where the driver has to correct understeer, or lift-off oversteer, both relatively easy to achieve in cold, wet conditions.
I won't pretend that I've always been a perfect driver, quite far from it actually, but I don't think the law should find me excuses. If I drive too fast and find myself unable to avoid a collision I definitely don't expect to get a pass for my reckless driving because it was at night and raining.
Hopefully in the not-so-far future we'll finally get those self-driving cars we were promised and we'll be able to leave all of that to the past.
This all sounds ok in theory, but as the article makes a great case for, this is totally impossible in America because it's impossible to get around in most places without a car. You can't just not drive when the weather is a little wet, for instance; you'll lose your job, you won't be able to get home, etc.
One big problem is that most people just have no training for bad conditions. How many people even here on HN know what "lift off oversteer" is? Or how to correct for it? I do, but most don't and would wreck. The regular barely-educated driver? Forget about it. Drivers should get far more training than they do. But even then, many people wouldn't be able to master this stuff; they just don't have the aptitude.
In Germany, people have to pay thousands to take driver training that does cover much more than what Americans are required to learn. However, it's not that hard to get around in western Europe without a car if you suck at driving or can't afford car ownership.
Most people drive to their limits, or their comfort. Some people do stupid things and drive beyond what is safe, but dependent on where you live this may or may not be in the minority.
What fascinates me is that we are not giving drivers the skills they need to be able to avoid accidents should the worst happen. Instead we say you shouldn't drive at speed X or in condition Y.
My argument is that we should be teaching drivers these skills not only so they can correct their mistakes, because at the end of the day we are all human and make mistakes, but if we also show drivers how easy it is to lose control of a vehicle they may just respect the road a little more than they do already.
The unfortunate truth is that people are human and humans make mistakes. You could drive to work on the same back road every day. Except one day it's particularly cold and you don't see the ice patch on the sharp right hand corner you've taken 100s of times before. The rear of the car steps out, but you don't know what to do as you have never encountered this before. You panic, naturally stamping on the brakes and end up off the road in a ditch.
The alternative: drivers must complete separate examinations for front wheel drive and rear driven cars, like how automatic and manual are separate licenses.
As part of that drivers must learn how the drivetrain affects how the car breaks traction both under power and under non-power conditions (i.e. coasting), and the appropriate corrections for both.
Let's come back to our scenario. We can assume the driver is operating a front wheel drive vehicle. Instead of slamming on the brakes, the driver has experience of lift off oversteer from their test. They apply 1/4 turn of opposite lock, then unwind the lock. The driver then applies power to the front wheels to straighten the rear.
Thanks to good training and examination driver has successfully avoided ending up the ditch.
That's true, it's also going to stay true no matter the amount of training. That isn't to say that I'm advocating against more training, but I think the training is prohibitively more expensive (even in a context where driving isn't as much of a necessity as it is here) for a gain that I perceive to be largely negligible unless linked to stricter training and re-certification in general (which is certainly prohibitively expensive).
So step number 1. is not to drive as fast that you exceed the limits of your full control.
There is no step 2.
We also get taught to inspect the car before getting in in case (for example) the exhaust pipe is blocked.
More training is needed in most countries.
If you're going to use something that can kill people if mishandled, you take on a lot of responsibilities, one of which is to maintain attention / control.
Same goes for many such objects, really: power tools, guns, industrial machinery, medical equipment, etc.
* https://www.snopes.com/fact-check/chinese-drivers-kill-pedes...
There was an article a while back (I can't find) where San Francisco's transit agency (SFMTA) joked about the same to save the city money.
It probably makes sense... a fatality pay out is $2M (using FAA standards). Long term medical care in the US? Easily over that...
Older people losing their cars is often the start of a decline unto death because there’s so little you can do with driving in many neighborhoods (which commonly won’t even have sidewalks) and relatively few people have the resources to hire someone to replace that lost autonomy. I remember when an older driver killed someone by backing over them in the church parking lot near here and so many people framed it in those terms when talking about whether she should lose her license, largely ignoring the person who no longer had to worry about it.
The solution is to replace their car with a vehicle that's less dangerous for others like an electrically assisted tricycle. That can serve their local transportation needs and won't cause nearly as much damage if they hit someone or something.
https://en.wikipedia.org/wiki/Neighborhood_Electric_Vehicle
Some retirement communities are specifically designed to handle those, and they work fine in many urban and suburban areas.
These lead to significant problems at intersections. It's best to keep vehicles of all types on roads where they obey the same set of rules.
Second, these intersections place a much higher burden on cyclists. That is, they have to check for traffic coming from behind to see if they're going to make a right turn and avoid getting hit. They have to watch for traffic coming from the side to make sure they don't get hit. And they have to watch for left turning traffic far to the left to make sure they don't get hit.
If they're riding in the standard road position (center of the lane) instead, then it's much easier to see traffic and it's easier for traffic to see them as they approach an intersection.
This is why I specified correctly designed: what you're saying is an artifact of a poorly-designed intersection which does not have good visibility or clear traffic flows.
Even the NACTO (National Association of City Transportation Officials) design guide states:
>> Driveways and minor street crossings are a unique challenge to cycle track design. A review of crossing facilities and design practice has shown that the following guidance may improve safety at crossings of driveways and minor intersections:
>>
>> * If the cycle track is parking protected, parking should be prohibited near the intersection to improve visibility. The desirable no parking area is 30 feet from each side of the crossing. >>
>> * For motor vehicles attempting to cross the cycle track from the side street or driveway, street and sidewalk furnishings and/or other features should accommodate a sight triangle of 20 feet to the cycle track from the minor street crossings and 10 feet from driveway crossing.
The distances quoted should make it evident that, at least in the US, even the guidelines aren't going to lead to "correctly designed" intersections.
I'm not sure this is just because of the way neighborhoods are set up. It's also a lack of social structures to catch this. The richest country one earth, has Uber, yet can't keep healthcare costs low enough to keep the elderly alive longer.
That's the point of the article: currently, large parts of the United States are setup assuming that everyone has their own car and drives to perform each of those functions. For many people, there's a huge hit in convenience and budget if they switch transportation modes — e.g. where I live in DC, many of the suburbs were intentionally designed after Brown v. Board not to support pedestrians or transit users (presumed to be poor and brown), so there are no sidewalks and significant distances to get to anything other than houses even if you do take your chances on foot / bike. Someone who can't drive might find they have a 40+ minute walk to get to a library, pool, shopping center, etc. when you add up all of the street crossings and circuitous routes.
In most parts of the country, I doubt this story would have played out this way
[1]https://www.montlick.com/montlick-blog/auto-accidents/333-el...
The GPs comments were implying it wouldn’t happen in Europe without manslaughter charges and the US it they wouldn’t be charged. It can happen in the US with similar charges, vehicular homicide. My comment is valid.
How often do I think what happens? I live in Boston. So depending on what you are asking, the answer is probably too damn often, which is the point. See: https://news.ycombinator.com/item?id=20403831
> My comment is valid.
Oh okay.
Also the young lady who was struck turned down an ambulance ride and got a ride home from another bystander. Injuries were not apparently life threatening. (I’m also betting the girl didn’t have health insurance.)
Nope, you're wrong, this is largely untrue unless the driver fled the scene or the driver was drunk. "Whoops I didn't see them" is usually a completely valid defense and everyone shrugs and says "Oh well, accidents happen" rather than "slow down, pay attention, and learn to control your car."
http://www.startribune.com/in-crashes-that-kill-pedestrians-...
>The majority of drivers who killed pedestrians between 2010 and 2014 were not charged, according to Star Tribune analysis of metro area crash data. Those who were charged often faced misdemeanors — from speeding to careless driving — with minimal penalties, unless the driver knowingly fled or was intoxicated at the time of the crash.
https://usa.streetsblog.org/2013/11/06/no-charges-for-driver...
>Lenient laws and a culture of tolerance for traffic violence means that unless you were intoxicated when the crash occurred, the official word is most likely “accidents happen.” Even an investigation into a collision that caused life-threatening injuries might be too much to ask in a lot of jurisdictions. Streetsblog recently found that fewer than 1 percent of drivers who kill or injure pedestrians and cyclists in New York City are ticketed for careless driving, much less charged with a crime.
https://www.revealnews.org/article/bay-area-drivers-who-kill...
>Sixty percent of the 238 motorists found to be at fault or suspected of a crime faced no criminal charges during the five-year period, CIR found in its analysis of thousands of pages of police and court records from Alameda, Contra Costa, Santa Clara, San Mateo and San Francisco counties.
It is unrealistic to expect pedestrians and bicyclists to avoid automobiles by yielding to them.
EDIT: spelling; more spelling
I chose where to live because of a desire to be able to commute easily - the bus is 10 minutes, walking is about 25 - but I paid for it, both literally and figuratively.
And if ridership increases enough, then bus commute times will be reduced a great deal.
Could we just use existing roads, and try to replace every 30 cars on the road with a bus?
Just because you can raze entire cities, displace their populations, and embark on "clean slate" urban planning projects doesn't mean you should. That's the civil engineering equivalent of rewriting the entire codebase from scratch.
And yet, "refactoring" is definitely a real thing in software engineering and is not uncommon, for good reason: many times you really do need to throw everything out and start from scratch.
Don't build new roads to the core, maybe even take out, restrict, or slap huge tolls on the existing roads, and you'll keep people from wanting to commute in by car. Also remove rules requiring parking spaces, and even encourage replacing parking lots with buildings or parks or anything else, to make car driving the most miserable experience it can possibly be
There's lots a government can do to make people stop driving cars so much, and stop moving out to the suburbs. There just isn't political will (in America) to do so.
It is hard, but it's mostly hard due to a population of motorists who have confused the privileges granted to them by the state with rights.
It makes driving pretty stressful because it makes people much less predictable. When I commuted to Berkeley I would often joke/not joke that Berkeley pedestrians were trying to make me kill them with my car.
But a different weird thing is that being a pedestrian in Berkeley turns you into one of those people who is trying to die by car. I was more cautious than average (read: acting like a normal pedestrian somewhere else), and it was annoying and maybe dangerous for everyone else.
That may not seem clear, but it's analogous to someone being "nice" at a 4-way stop and letting everyone else go even if it's your turn. It's not "nice," because it delays and confuses everyone who now has to cautiously navigate a potentially dangerous situation instead of just following a simple procedure.
Similarly, cars stop for people in Berkeley. That's how it goes. If you act like they don't, then you get awkward standoffs between people and cars each not trusting the other to go first, all while traffic piles up behind the cars, and other pedestrians are now interleaving in between the cars in the jam. If you're on foot, you should just step out into road and cross it, after a perfunctory check, otherwise you're gumming up the works.
I don't like it, on either side, but it's not possible to unilaterally do better. You just have to go with it.
Especially in a pedestrian-heavy center where walking should be (and thankfully is!) the norm like in Berkeley.
It seems to me, probably naively, that the easiest way around this would be to require yearly tests for everyone. You're driving a huge honking piece of metal at 60+ miles an hour down the street; a yearly verification of your ability to do so doesn't seem excessive.
It isn't unreasonable but it is clearly a matter of power given the uneven application. Guess who has an interest in not being restricted now or in the future? Those who pass the laws and judge them.
Hopefully, self-driving cars will eventually render these discussions redundant. But that still seems to be decades away at this rate.
I reiterate that we're driving huge pieces of metal at nearly a hundred miles per hour. Let's stop sacrificing people's lives for the privilege, and start sacrificing time and money.
I don't care if that's "ageist". It's a biological fact that older people suffer from cognitive decline, slowed reaction times, etc.
Is it also "sexist" to claim that only women are able to get pregnant?
In my old state they had a machine you looked into. I had a harder time with that one, I'm guessing due to my mild astigmatism. But no chance to memorize it, because you don't see it until your face is in the machine; and all the lines were the same size, so you could have gotten any of them.
We should do this based on facts, not anecdotes.
This data suggests we should first be concerned with the training and testing of new drivers. https://aaafoundation.org/rates-motor-vehicle-crashes-injuri...
According to this, people 60-69 are the best drivers. 70+ are decent across the categories ("All crashes", "Injury crashes" and "Fatal crashes") except those 80+ kill themselves at an exceptional rate (but not passengers or others for some reason).
Sure enough, I went to cross and my cousin tried to grab my arm and not let me cross. The light was green, but the timer on the crosswalk light was going down from 5. I figured I was good to go.
The light turned green for the cars and I was just about across the street when two cars who clearly had seen me, raced into the intersection. I had to nearly dive to the curb to get to safety and in the process both drivers shouted at me to get the F out of the street.
I turned around petrified and saw my cousin and uncle were laughing hilariously at my introduction to being a pedestrian in Chicago.
I'm sure there are still many cities where cars will (wrongly) always have the right of way; regardless of whether there are people in the crosswalk or not and don't care if someone gets clipped or run over in the process.
Eyewitnesses suck at trial, and defending the elderly is pretty easy.
For example, In many states, you can lose a license without being prosecuted. Indiana is one of them.
Alternatively, a prudent measure would be to require the driver to get a medical clearance to drive again. This, in my opinion, would be the wise choice.
Headline will be "Police target minority driver licenses for minor traffic infractions."
https://aaafoundation.org/rates-motor-vehicle-crashes-injuri...
From this, 60s is peak age range for driving safety.
In the 70s people are still good.
80+ are still pretty good in the "All crashes" and "Injury crashes" categories (a little better than people 25-29, a little worse than people 30-39), but they are really bad in "Fatal crashes" -- even a little worse than 16-17yo.
Digging into the fatalities, the spike in deaths caused by old people are themselves and not passengers or others.
So I guess the motivation for driving tests for old people would be to protect them from themselves and should apply to people 80+.
If we want to protect people from bad drivers generally, we should really want to do something about 16-17yos (just pushing back the driving age might not do it because inexperience is probably a significant factor). Actually something like more monitoring/training/tests for drivers, say, 16-24 would be the best place to start. (Drivers 25-29 are also a problem, but presumably if you improve younger drivers the older age range will take care of itself as the good young drivers age.)
So the parent established that, in his case, a crash took place but was not recorded by the police. Police are known to give the benefit of the doubt to certain classes of people, leaving incidents that they cause outside of formal records and review. Is this a widespread phenomenon that could skew the data presented in your citation? I think that's worth investigating.
you're in command of a few tons of steel, and your priority is to get to some arbitrary location. Your second priority, I assume, is to not murder anyone.
Here's what you know about the environment : it is populated with (harmless fleshly) people who are also going about fulfilling goals 1 and 2. You know with high probability that at any given moment one might quickly cross the path of your vehicle - it is normal (80-90% of people do it) to behave this way.
You can:
- reduce your speed, knowing that accidental collisions are likely. This slightly penalizes your first goal, but greatly increases the outlook for the second.
- Blame 80-90% of everyone, for not taking the cost onto themselves to ensure you can get to your goal quickly without much effort.
I guess it also boils down to your views on responsibility:
"I shouldn't be accountable when the risky situations which i knowingly entered materialize into accidents. Especially because these risks mostly apply to others."
or
"I am personally directing a large amount of kinetic energy for convenience reasons and am responsible of where it ends up. the onus of carefulness befalls me and not the other unwilling participants as they are handling much less kinetic energy and therefore by themselves orders of magnitude less likely to cause the death or injury of others."
After watching hundreds or even thousands of accidents on Youtube it could be said that there typically are two parties that could be blamed for the accident. One is officially at fault but there typically is somebody else who did not pay enough attention or did not slow down at intersection or did not do one of the many things that careful drivers would be expected to do.
Drivers (or pedestrians) with certain attitude that I would describe as expecting everybody to follow the rules but at the same following the rules only selectively and not giving anybody any margin for error are people that I think cause most of accidents.
Everybody makes mistakes and it is in human nature to miss a sign or occasionally misplace attention for a second or two. If everybody was driving defensively most of the time it would take two people to make a mistake at the same time which would cause accidents to be very rare. On the other hand if drivers give no margin for error it only takes a single person to make a mistake.
I have an uncle who thinks he is a good driver. Yes, he can drive fast, precisely, he knows rules and knows how to not be the driver at fault. But while he is not officially causing accidents over the last decade he took part in around a dozen accidents. He is not giving anybody any margin for error and this attitude is what I think is more damaging than people that make mistake from time to time.
Since no one then feels like they are just "in the right" everyone tends to be much more attentive.
The reason the number of accidents got suddenly smaller is because people were used to markings but then they had to re-learn how to function when the markings were removed. When you learn to drive or when you are in unfamiliar place you tend to drive slower and be more attentive.
But this is only temporary effect. After some time people adjust and same problems show up.
Still not convinced? What about south asian countries which tend to have little in the way of traffic signs? If lack of markings makes people behave more carefully how do you explain relative lack of safety in countries like Vietnam, Thailand, etc?
I’d like to see a direct comparison of loss of life vs mph including figures on deaths from increased air pollution and other climate considerations.
I think one could also argue time lost in transit as a “loss of life” but that’s understandably too far for some.
Though 55 mph is much more energy efficient than 65 mph, 35 mph is much more energy efficient than 55 mph as well.
I think the 55 mph point is realistically a balance between energy and time efficiency, not an optimum of energy efficiency alone.
For a while I did experiments with this and the most efficient speed was much slower. 55 is more about safety I would think or it’s possibly totally arbitrary.
I think you'd see it in a very different light if you were living here. I am honestly very worried for my friends and relatives who drive, most of whom do it very, very carefully, and still they have yearly encounters with adults who behave like feeble-minded children.
BTW, didn't I say I don't have a driver's license?
I understand how you feel. However if you are right and I am wrong - then your words are not wasted, even if they are not well received, as long as they are read.
> and still they have yearly encounters with adults who behave like feeble-minded children
I guess our road safety practices and status-quo should not bother to extend as far as guaranteeing the well-being of the feeble-minded. Children playing in the street are fair-game.
To be fair, I understand that your viewpoint is economically efficient, to an extent. I can accept that favoring cars has significant economic benefits, and I understand why society has done it at the expense of quality-of-life at the ground level (children shouldn't play in the street, the area around your appartment/house is not for you to enjoy but for commuting strangers, etc), and personal safety.
But is it really necessary to hold on to this so dearly and for so long? Especially when other cities/countries have shown that alternatives are possible and attractive?
I'm not sure the first of those pre-conditions has been met and I doubt our ability to commit as a nation to the second.
Any worries about friends and relatives who walk?
Why should only the driver carry the responsibility? Driving slower than average increases the driver's chances of getting in an accident.
Also, lower speeds aren't guaranteed safety. I know of an accident that occurred around 10-20km/h right next to a hospital, which resulted in instant death. Pedestrian was crossing on red, behind a car parked at the traffic light and flew right into a path of a vehicle, trying to pass the car parked at the semaphore, this bounced him just enough to fall and crack his head on the curb. Ironically, according to policemen, was that had the driver driven faster, he might have bounced pedestrian harder, and not kill him on the spot.
That's why, in "normal" countries, it's always the driver that needs to be questioned by default, not the pedestrian. If the driver proves that he did all he could to avoid the accident, he faces no consequences. If not, he faces them.
This really isn't that complicated. It's okay for the pedestrian to not respect all the rules because he's not in the position in which he can put other people's lives in danger — only his own. Drivers are willingly putting themselves in a situation in which they can put other people's lives in danger, so the burden of proof is on them.
Sure they can. They can increase the likelihood you'll get in danger, by trying to avoid collision with them.
E.g. you drive on a road designed for relatively high speeds say 80-100 km/h. They decide to cross it, despite it not being a safe zone for crossing. You hit the pedals and swerve off the road injuring yourself (or you get rammed by a vehicle behind you).
Injury =/= death. If you swerve off the road, you have airbags. If a car behind you hits you, again, you have airbags. You have tons of metal shielding you from a collision, insurance that is supposed to take care of the situations that can't be blamed on you, and airbags and seat belts that are supposed to reduce the consequences of a collision.
Pedestrians have none of that. Where I come from, this (alongside first-aid skills) is the very first thing you learn on your way of getting a driver's license, before road signs and traffic rules are even mentioned.
A behavior like that should be illegal for both party. The driver is at fault of causing the incident and the pedestrian is at fault of being inconsiderate and a danger to the vehicles (one collision can cause many other collisions) independently from whether the accident actually happened.
I think you have it backwards. The pedestrian that darts out into traffic that cannot stop in time causes the accident. The driver who does not travel slow enough to reasonably hedge themselves against a pedestrian darting out is being inconsiderate.
I agree with you in your (arguably more common) case, but in this case the driver must have had good visibility and enough reaction time.
> Do you think more drivers or pedestrians are harmed by incidents involving both?
pedestrian obviously. This implies to me that regardless of the law, pedestrian should be careful when crossing the streets. From the legal side I believe we should adopt the regulations that are more likely to decrease the number and gravity of incidents, this is heavily dependent of local customs.
> when one party is much more likely to be injured or killed than the other.
the focal point to me is: "When one party's mistake are much more likely to endanger people (both others and themselves)" Where my intention is to focus on how the car is the dangerous element of the equation rather that on how the pedestrian is the one at risk. I personally find it a more solid building block.
However, if the driver was half their age, all else equal, would we say the DMV should assess if they're competent to drive? The primary cause of the accident could be independent of age.
Just bringing some perspective from a country with a lot of idiots (that's what they are -- idiots) needlessly risking their lives.
You want to take out your air-conditioned garbage-spewing box out to race across the city without a single care for anyone else using the streets? Well I think you're an idiot for advocating towards that selfish goal.
> but I think it's idiotic for pedestrians to follow the same intersection rules as a 2 ton vehicle.
I mostly opt for having rules on the pedestrian side. But each person should be careful about their own life and constantly be aware of the current risk.
Recently I've had to take some "defensive pedestrian" tactics and strategies at certain crosswalks at certain corners at certain times of day. It's a little more than the usual common sense for when walking around in an urban environment, but it's helped.
I was driving in Oakland when the car in front of me didn’t slow down for a pedestrian in the crosswalk. The pedestrian disappeared in front of the car. I stopped my car, got out, found the struck young woman trembling and bleeding in the street.
The speed limit was 30 miles per hour. I don’t think the driver was going quite that fast — maybe 20, 25 at most.
The woman driving the car was elderly. It’s tough to gauge her age — pushing late 70s, maybe 80? She said she didn’t notice the girl in the crosswalk.
I was upset. I stayed the entire time, talked with the cops at length, gave a statement. I wanted to see the lady’s license taken away. Or a ticket at least. Or heck, even a talking to about if maybe she’s no longer fit to drive.
The cops let the old lady drive away. No ticket. No talk. I was stunned. Surely if you hit someone with your car at that speed, in fucking crosswalk, you at the very least need to prove to the DMV that you’re safe to drive. Especially if you’re an elderly person. But nope. They said they had no grounds with which to take any action at all.
Still bothers me. I hope that lady hasn’t killed anyone.