FlyerTalk Forums - View Single Post - NEWS: NWA Sues AMFA Over 'Civil Disobedience'
Old Sep 6, 2005 | 8:52 pm
  #13  
wldtrvlr
 
Join Date: Sep 2001
Location: fort worth, tx AA Gold,Best Western-Diamond, HH- Gold, Marriott-Silver
Posts: 2,737
Two wrongs do not make a right. It gets very sticky when there are many overlapping laws and I have never studied laws in Minnesota. I did study them in VA though from a law enforcment officers perspective.

What I understand to be the case in VA:
1) Pedestrian ALWAYS has right of way (in a crosswalk or not)
2.) Pedestrian is NOT allowed to stop in the highway and obsturct traffic
3.) Jaywalking (crossing other than at an intersection) is not allowed
4.) If a driver or passenger in a vehicle feels that their life and/or property is in imminent danger they have to right to exit the situation (if that means driving over the perpertrator than the courts have to decide if the driver/occupant/equipment was actually in "imminent" danger.
5.) Driver, even if they have the right of way is still supposed to do everything possible to avoid the collision, or they are a contributing factor to the accident.

So basically it can complicated if a pedestrian "lingers" in the street or enters the street and approaches you in such a way as to induce fear. That is why courts can take years to figure out things and the law enforcement personell and drivers generally have a few seconds to make the decision, knowing it will be debated for years in a calmer setting.
wldtrvlr is offline