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Car vs skateboard?

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Road Cycling
Published
23 August 2004
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2 September 2004
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Badger_South
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  1. Interesting case on 'Judge Judy' today in which a 15 y.o. child was riding
    a skateboard in a parking lot and was hit by a female driver who was on a
    cellphone and speeding.

    I always thought that such an accident would always be resulted in favor of
    the pedestrian, but strangely, the judge said the kid shouldn't have been
    riding in a parking lot. No evidence that he was tricking - just riding.

    According to the diagrams the kid had a lane and was going through an
    intersection when the woman hit him and then claimed he hit her. She sued
    for damage to her car.

    Fortunately for the kid he had a witness, and got his claim for ER charges.
    The woman nothing on her car damage (the windshield was shattered). She had
    pictures of the repaired vehicle, with arrows pointing to the side panel,
    apparently an afterthought to 'strengthen her case'.

    The thing that got me is what if it had been a biker? Why is a skateboard
    any different? Some people use these as transportation and IMO, have as
    much right to the road as a bike, even if not specifically covered by law
    like bikes are.

    The only thing that got the kid off the hook for damages is not that the
    woman hit -him-, not that she was doing by her own admission 20mph in a
    5mph zone, but that the witness had seen her on the cellphone during
    driving. The judge didn't like this, but was nowhere near stern enough.

    The woman kept claiming that the kid hit her, T-boning her left
    quarterpanel, which it may had been, but the witness drew it that she hit
    the kid. The angle of hitting the windshield seemed to support the kid
    getting clipped near but to the side of the headlight.

    The woman tried to lie claiming she got out of the car and then returned to
    get the cell out of her purse and call 911. The witness and the kid said
    she got out of the car waving the cell and screaming at the kid who was
    lying in the road bleeding from roadrash to the side of his head that he'd
    damaged her car.

    Apparently the Judge doesn't think speeding and breaking the law is worthy
    of a fine. In fact in every jurisdiction I've seen, going 15 miles over the
    limit is reckless driving.

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    -B

  2. Badger_South said:

    Interesting case on 'Judge Judy' today in which a 15 y.o. child was riding
    a skateboard in a parking lot and was hit by a female driver who was on a
    cellphone and speeding.

    I always thought that such an accident would always be resulted in favor


    of

    Quoted message said:

    the pedestrian, but strangely, the judge said the kid shouldn't have been
    riding in a parking lot. No evidence that he was tricking - just riding.

    <snip>

    Quoted message said:

    Apparently the Judge doesn't think speeding and breaking the law is worthy
    of a fine. In fact in every jurisdiction I've seen, going 15 miles over


    the

    Quoted message said:

    limit is reckless driving.

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    Important point of information. Judge Judy is not really a court, but a
    civil arbitration. She doesn't have the authority to levee fines or impose
    jail sentences. She did everything she could, except write a letter to a
    DA.

    Austin

  3. AustinMN said:
    Badger_South said:

    Interesting case on 'Judge Judy' today in which a 15 y.o. child was riding
    a skateboard in a parking lot and was hit by a female driver who was on a
    cellphone and speeding.

    I always thought that such an accident would always be resulted in favor


    of

    Quoted message said:

    the pedestrian, but strangely, the judge said the kid shouldn't have been
    riding in a parking lot. No evidence that he was tricking - just riding.

    <snip>

    Quoted message said:

    Apparently the Judge doesn't think speeding and breaking the law is worthy
    of a fine. In fact in every jurisdiction I've seen, going 15 miles over


    the

    Quoted message said:

    limit is reckless driving.

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    Important point of information. Judge Judy is not really a court, but a
    civil arbitration. She doesn't have the authority to levee fines or impose
    jail sentences. She did everything she could, except write a letter to a
    DA.

    Austin

    Well she denied the kid money for 'pain and suffering', and said it was b/c
    he had no right to ride in a parking lot, which I'd dispute.

    Yeah, I know she's not a real court. My commentary was meant to be also
    about societal attitudes that seem to favor automobile drives and disfavor
    others, I guess.

    -B

  4. Badger_South wrote:
    || On Mon, 23 Aug 2004 23:55:31 GMT, "AustinMN" <[email hidden]>
    || wrote:
    ||
    ||| Badger_South wrote:
    |||| Interesting case on 'Judge Judy' today in which a 15 y.o. child
    |||| was riding a skateboard in a parking lot and was hit by a female
    |||| driver who was on a cellphone and speeding.
    ||||
    |||| I always thought that such an accident would always be resulted in
    |||| favor of the pedestrian, but strangely, the judge said the kid
    |||| shouldn't have been riding in a parking lot. No evidence that he
    |||| was tricking - just riding.
    |||
    ||| <snip>
    |||
    |||| Apparently the Judge doesn't think speeding and breaking the law
    |||| is worthy of a fine. In fact in every jurisdiction I've seen,
    |||| going 15 miles over the limit is reckless driving.
    ||||
    |||| Amazing how pedestrians, bikers, boarders are relegated to 'second
    |||| class' citizen when faced with the almighty automobile!
    |||
    ||| Important point of information. Judge Judy is not really a court,
    ||| but a civil arbitration. She doesn't have the authority to levee
    ||| fines or impose jail sentences. She did everything she could,
    ||| except write a letter to a DA.
    |||
    ||| Austin
    ||
    || Well she denied the kid money for 'pain and suffering', and said it
    || was b/c he had no right to ride in a parking lot, which I'd dispute.
    ||
    || Yeah, I know she's not a real court. My commentary was meant to be
    || also about societal attitudes that seem to favor automobile drives
    || and disfavor others, I guess.

    In that case this all makes perfect sense....obviously you know that most
    car drivers think the roads and parking lots are just for cars. Anyone else
    on anything else ought not to be on the road....Talk about ignorance....

    ||
    || -B

  5. In article <[email hidden]>,

    Badger_South said:

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    One becomes used to it.

    Then comes the angst.

    cheers,
    Tom

    --
    -- Nothing is safe from me.
    Above address is just a spam midden.
    I'm really at: tkeats [curlicue] vcn [point] bc [point] ca

  6. Some of those TV judges actually seem to understand the law--Judge Judy is
    not one of them. She seems to be most interested in forming personal
    opinions about the litigants, and then screaming at them.

  7. Badger_South wrote:
    <snip>

    Quoted message said:

    Yeah, I know she's not a real court. My commentary was meant to be also
    about societal attitudes that seem to favor automobile drives and disfavor
    others, I guess.

    I understand the overall comment, but I've seen Judge Judy tear new ones for
    people who let their dogs chase bikes.

    She's not anti-bike, necessarily.

    Austin

  8. Mon, 23 Aug 2004 17:32:27 -0700, <[email hidden]>,

    (Tom Keats) said:
    Quoted message said:

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    One becomes used to it.

    Then comes the angst.


    .. . .then the powder and then the fuse.
    --
    zk

  9. On Mon, 23 Aug 2004 20:13:27 -0400, Roger Zoul <[email hidden]>

    Quoted message said:


    In that case this all makes perfect sense....obviously you know that most
    car drivers think the roads and parking lots are just for cars. Anyone
    else
    on anything else ought not to be on the road....Talk about ignorance....

    Quite correct.

    Once behind the wheel, car drivers seem to suffer from amnesia regarding
    how they got there in the first place...

    ....Perhaps they stand by the sliding doors of Wal-Mart, concentrate really
    hard on the line 'Beam me up, Scottie!" and then, as if by magic, appear
    in the seat of their cars?

    Because, after all, parking lots are made for cars, are they not?


  10. Quoted message said:


    In that case this all makes perfect sense....obviously you know that most
    car drivers think the roads and parking lots are just for cars. Anyone


    else

    Quoted message said:

    on anything else ought not to be on the road....Talk about ignorance....

    ||
    || -B

    the car, like the NG, or anywhere else one can hide without worrying about
    being accoutable for one's actions is a place where people exercise their
    alter egos. i cant believe how normally rational people become raging
    lunatics when behind the wheel - but this behaviour is sanctioned and
    condoned because the car is supreme in our society, we are hopelessly tied
    to these infernal machines. now bow to the lords of oil -oh holy trinity
    exxon mobil bp!

    __o
    \ <
    ( ) ( )
    ~~~~~~~~

  11. Tom Keats said:

    In article <[email hidden]>,

    Badger_South said:

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    One becomes used to it.

    Then comes the angst.

    My Dad was always fond of the whole Hegelian Master/Slave dialectic: In the
    beginning there were two men: one became powerful, the other became
    afraid. The powerful one became the master, and the fearful one, the
    slave. Eventually, the slave was able to overthrow the master, because
    only the slave knew and understood fear.

    Dad tells the best bedtime stories.

    -Luigi

    --
    www.livejournal.com/users/ouij
    Photos, Rants, Raves

  12. Luigi de Guzman said:

    My Dad was always fond of the whole Hegelian Master/Slave dialectic: In the
    beginning there were two men: one became powerful, the other became
    afraid. The powerful one became the master, and the fearful one, the
    slave. Eventually, the slave was able to overthrow the master, because
    only the slave knew and understood fear.

    Dad tells the best bedtime stories.

    you need to watch more television.
    --
    david reuteler
    [email hidden]

  13. Luigi de Guzman wrote:
    || Tom Keats wrote:
    ||
    ||| In article <[email hidden]>,
    ||| Badger_South <[email hidden]> writes:
    |||
    |||| Amazing how pedestrians, bikers, boarders are relegated to 'second
    |||| class' citizen when faced with the almighty automobile!
    |||
    ||| One becomes used to it.
    |||
    ||| Then comes the angst.
    ||
    || My Dad was always fond of the whole Hegelian Master/Slave dialectic:
    || In the beginning there were two men: one became powerful, the other
    || became afraid. The powerful one became the master, and the fearful
    || one, the slave. Eventually, the slave was able to overthrow the
    || master, because only the slave knew and understood fear.
    ||
    || Dad tells the best bedtime stories.

    That's a good one...

  14. "Luigi de Guzman" <[email hidden]> wrote in message
    news:bfxWc.130361$sh.86564@fed1read06...

    Quoted message said:
    Tom Keats said:

    In article <[email hidden]>,

    Badger_South said:

    Amazing how pedestrians, bikers, boarders are relegated to 'second


    class'

    Quoted message said:
    Quoted message said:
    Quoted message said:

    citizen when faced with the almighty automobile!

    One becomes used to it.

    Then comes the angst.

    My Dad was always fond of the whole Hegelian Master/Slave dialectic: In


    the

    Quoted message said:

    beginning there were two men: one became powerful, the other became
    afraid. The powerful one became the master, and the fearful one, the
    slave. Eventually, the slave was able to overthrow the master, because
    only the slave knew and understood fear.

    Dad tells the best bedtime stories.

    -Luigi

    --
    www.livejournal.com/users/ouij
    Photos, Rants, Raves

    camus wrote a great essay on this called "the rebel". ...but he doesnt talk
    about bicycles at all.
    -- a

    """""
    x x

    Quoted message said:


    V

  15. In article <bfxWc.130361$sh.86564@fed1read06>,

    Luigi de Guzman said:

    My Dad was always fond of the whole Hegelian Master/Slave dialectic: In the
    beginning there were two men: one became powerful, the other became
    afraid. The powerful one became the master, and the fearful one, the
    slave. Eventually, the slave was able to overthrow the master, because
    only the slave knew and understood fear.

    Dad tells the best bedtime stories.

    Better than DonQuijote1954, anyways, with his
    lions and monkeys and dinosaurs.

    I think I've seen some Twilight Zone episodes
    written around that theme.

    Good thing for the slave that the master didn't
    just run him over with his car.

    cheers,
    Tom

    --
    -- Nothing is safe from me.
    Above address is just a spam midden.
    I'm really at: tkeats [curlicue] vcn [point] bc [point] ca

  16. In article <[email hidden]>,

    Roger Zoul said:

    Badger_South wrote:
    || On Mon, 23 Aug 2004 23:55:31 GMT, "AustinMN" <[email hidden]>
    || wrote:
    ||
    ||| Badger_South wrote:
    |||| Interesting case on 'Judge Judy' today in which a 15 y.o. child
    |||| was riding a skateboard in a parking lot and was hit by a female
    |||| driver who was on a cellphone and speeding.
    ||||
    |||| I always thought that such an accident would always be resulted in
    |||| favor of the pedestrian, but strangely, the judge said the kid
    |||| shouldn't have been riding in a parking lot. No evidence that he
    |||| was tricking - just riding.
    |||
    ||| <snip>
    |||
    |||| Apparently the Judge doesn't think speeding and breaking the law
    |||| is worthy of a fine. In fact in every jurisdiction I've seen,
    |||| going 15 miles over the limit is reckless driving.
    ||||
    |||| Amazing how pedestrians, bikers, boarders are relegated to 'second
    |||| class' citizen when faced with the almighty automobile!
    |||
    ||| Important point of information. Judge Judy is not really a court,
    ||| but a civil arbitration. She doesn't have the authority to levee
    ||| fines or impose jail sentences. She did everything she could,
    ||| except write a letter to a DA.
    |||
    ||| Austin
    ||
    || Well she denied the kid money for 'pain and suffering', and said it
    || was b/c he had no right to ride in a parking lot, which I'd dispute.
    ||
    || Yeah, I know she's not a real court. My commentary was meant to be
    || also about societal attitudes that seem to favor automobile drives
    || and disfavor others, I guess.

    In that case this all makes perfect sense....obviously you know that most
    car drivers think the roads and parking lots are just for cars. Anyone else
    on anything else ought not to be on the road....Talk about ignorance....

    But, on the point of the law, she's right.

    Let's be clear here: in almost every jurisdiction on the planet,
    bicycles are vehicles with road rights, except where explicitly barred.
    Remember, critical mass, we are traffic, etc.

    Also, in almost every jurisdiction on the planet, in-line skates and
    skateboards are not vehicles with road rights, and the kid probably
    isn't supposed to be skateboarding in a private parking lot, or at best,
    is supposed to behave like a pedestrian.

    There are plenty of complications here which this analysis isn't picking
    up, but the most important distinction is the one I stated first: bikes
    are vehicles in the eyes of the law ("think of them as little cars!"😉
    but skateboards are not.

    Finally, tort (civil) law is separate from questions of "criminal" (a
    term I may be misusing here to describe violations of the traffic code
    as well as the criminal code) law. Judge Judy only arbitrates the
    former. The rules for what constitutes a tort, and under what
    circumstances a person is liable or has a burden of care are not ones I
    know much about, and rules tend to differ from jurisdiction to
    jurisdiction (Canada and the US, for example, have some important
    differences in this realm). Suffice it to say I would bet your outrage
    is misplaced, and at best should be directed at civil law precedents.

    --
    Ryan Cousineau, [email hidden] http://www.wiredcola.com
    Verus de parvis; verus de magnis.

  17. Luigi de Guzman said:

    My Dad was always fond of the whole Hegelian Master/Slave dialectic: In the
    beginning there were two men: one became powerful, the other became
    afraid. The powerful one became the master, and the fearful one, the
    slave. Eventually, the slave was able to overthrow the master, because
    only the slave knew and understood fear.

    Dad tells the best bedtime stories.

    Hmmm. This may explain a lot about you, Luigi! ;-)

    --
    --------------------+
    Frank Krygowski [To reply, remove rodent and vegetable dot com,
    replace with cc.ysu dot edu]

  18. Quoted message said:

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    -B

    you tell it, B. A couple years ago I had to bike to work along a state
    highway. Speed limit 45mph. No shoulder. So, being the safety minded guy I
    am ... I ride in the middle of the right lane. Folks didn't take to kindly
    to that, doing such things as calling 911. Judges didn't seem to even listen
    to the laws relating, such as:

    If a bicycle and a car cannot safely share a lane, the bicycle may take a
    full lane.
    Cars must give 3 feet of clearance to bikes.

    So, figuring a width of about 3 feet for me and my bike, 3 feet of
    clearance, and an average car width of around 7 feet, for a bike and car to
    safely share the lane the lane must be AT LEAST 13 feet -- in this case the
    lanes were 12 feet.

    Got fined. Paid about 10% of the fine in spare change that I dumped out for
    the judge to count. Moved out of state to avoid arrest.

  19. "Automator" wrote: (clip) Got fined. Paid about 10% of the fine in spare
    change that I dumped out for the judge to count. Moved out of state to avoid
    ^^^^^^^^^^^^
    I knew a sculptor once who paid a traffic fine by making a check out of
    concrete--weighed a couple of hundred pounds. The city officials were not
    amused, but the press was there, and it made the papers, including
    photographs. Due to the publicity, the officials were not able to show
    their full displeasure, and he got away with it. Didn't even have to leave
    town.

  20. Badger_South <[email hidden]> wrote in message news:<[email hidden]>...

    Quoted message said:

    Amazing how pedestrians, bikers, boarders are relegated to 'second class'
    citizen when faced with the almighty automobile!

    I don't agree that because a child on a skateboard is not classed as a
    vehicle, that you can extrapolate from that to "cycles are second
    class".

    When driving a car, you inevitably make certain assumptions about what
    you see as you drive and manouver.

    One of those assumptions is about the rate at which an object may end
    up trying to use the same piece of space that you are/intend to use.

    We all do this every day. As we look around at various manouvering
    points. If we see a person who is not in or on a vehicle, and is a
    fair distance away, we make an automatic assumption that they are not
    going to get near us very quickly.

    If we see a person who is on or in a vehicle, we know we need to make
    an assessment of that persons speed and intentions.

    The problem with roller skates and skateboards is that the are not
    "recognised" as vehicles, either legally, or by our brains as they
    scan the vicinity, and as such are "removed from the equation" as we
    assess a situation, if they are more than a certain distance away.

    Of course, in the quoted case, the issue was complicated by the woman
    clearly not paying attention, and lying about what happened. But I
    could not fault the "judge" for attributing some proportion of the
    blame to the skateboarder for using the device in an inappropriate
    place.

    In the coming years, I can see that there will be all kinds of
    problems caused by the new generation of electric (and occasionally
    petrol engined) scooters and skateboards that now seem to be appearing
    ever more frequently.

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