I almost got hit by a car in gas station, what are my grounds?

[G.H.]

Dec 27 I was going home, about 7:00pm, it was showering and dark, I got off the bus, put up my hood(of my jacket), and started to walk toward a skytrain station. I kept my head down and suddenly I glanced the hood of a car almost hit me at about 30km/h. Luckly, the driver stoped just few feet before me. As the photo show below, where the bus stop is, where the car was, where was the spot I almost hit, and the path(black dots) I was walking.

My questions are:

should I walk straight north and turn east like where the sidewalk is?(blue dots) My comment: there is no one walk like that, and the path I walk(black dots) is how everyone walks when they got off the bus and walk towards the skytrain station.

If I was hit, how much fault was I? and how much fault was the driver? Do I bear some fault for walking on the driveway in a gas station? Or does the driver bear the full responsibility for hitting me? What the hell did the driver drive 30km/h in a gas station after he filled his tank.

Does it matter where I was in private place(gas station drive way) or instead of public place(the street, road)?

[IMG]http://img301.imageshack.us/img301/3750/hitzu2.jpg[/IMG]

I am thinking about this after I read the thread about jay walking.

[Becks]

Just wear white and always look out for cars.

[HBP]

I believe it's usually always the drivers fault, but still... your life is more important. Be careful.

[felixdd]

I don't know what to say, except that the driver was probably not going at 30km/h. It's easy to over-estimate speeds when you're on foot.

Doesn't mean you wouldn't have been injured if, say, the driver was actually going at 15km/h.

Just a comment.

[ali123]

You'd need a Ferrari to get to 30km/hr that fast (I'm assuming he was exiting out of the gas station)

[HBP]

[QUOTE=ali123;6273494]You'd need a Ferrari to get to 30km/hr that fast (I'm assuming he was exiting out of the gas station)[/QUOTE]

You stupid?

[ali123]

[QUOTE=HBP;6273526]You stupid?[/QUOTE]

No..... :cry: lolz

[AmberMoon]

Nothing against the OP personally but it erks the hell out of me when people walk and don't look. They just assume that since they are pedestrians they should not have to look. I have seen it so many times where the light changes red and instantly they just walk across never once looking to make sure the cars are stopped or in parking lots and coming out of stores they just walk out into the road and keep lookin forward hoping the car will stop for them.

So many fatalities recently with pedestrians just walking and not looking. I know when I was raised we were taught to look both ways regardless if we had right away or not. I have raised my kids the same way. Stop and look both ways before crossing. Also for some reason people love to walk in the middle of the road ( Parking lots) instead of next to the vehicle's or in front of the parked cars

As for the OP, I would say you were in the wrong for not walking on the sidewalk or not looking where you were going. If you would walk next to the road and not in it you would have been safer. You will never out fight a car guarantee so why chance it.

[ricoboxing]

how do you know that the driver was going 30 km/hr? do you have a radar gun on you at all times?

[Digo]

[QUOTE=AmberMoon;6273677]Nothing against the OP personally but it erks the hell out of me when people walk and don't look. They just assume that since they are pedestrians they should not have to look. I have seen it so many times where the light changes red and instantly they just walk across never once looking to make sure the cars are stopped or in parking lots and coming out of stores they just walk out into the road and keep lookin forward hoping the car will stop for them.

So many fatalities recently with pedestrians just walking and not looking. I know when I was raised we were taught to look both ways regardless if we had right away or not. I have raised my kids the same way. Stop and look both ways before crossing. Also for some reason people love to walk in the middle of the road ( Parking lots) instead of next to the vehicle's or in front of the parked cars

As for the OP, I would say you were in the wrong for not walking on the sidewalk or not looking where you were going. If you would walk next to the road and not in it you would have been safer. You will never out fight a car guarantee so why chance it.[/QUOTE]

I have to quote this because this is how I felt when I read this. I have also seen so many people that never look around to make sure the street was safe before crossing.

This one time there was a fire truck with alarms on, and this stupid girl started crossing after everyone had stopped, just because she had the green. The fire truck had to stop for her to finish crossing before going on. She never looked around, but it was obvious she knew there was a fire truck. She just didn't care. I wanted to slap some sense into her, but I couldn't get out of my car in time. She was probably in her high teens.

[1yellowdog]

[QUOTE=AmberMoon;6273677]Nothing against the OP personally but it erks the hell out of me when people walk and don't look. They just assume that since they are pedestrians they should not have to look. I have seen it so many times where the light changes red and instantly they just walk across never once looking to make sure the cars are stopped or in parking lots and coming out of stores they just walk out into the road and keep lookin forward hoping the car will stop for them.

So many fatalities recently with pedestrians just walking and not looking. I know when I was raised we were taught to look both ways regardless if we had right away or not. I have raised my kids the same way. Stop and look both ways before crossing. Also for some reason people love to walk in the middle of the road ( Parking lots) instead of next to the vehicle's or in front of the parked cars

As for the OP, I would say you were in the wrong for not walking on the sidewalk or not looking where you were going. If you would walk next to the road and not in it you would have been safer. You will never out fight a car guarantee so why chance it.[/QUOTE]

Agree 100%. It may be the drivers fault BUT you will have to live with the consequences of being disabled or in pain if you survived your injuries.
The driver may have been driving fast because they were in a rush to be on their way, no excuse but that's the reason. And from my experiences I'm not expecting pedestrians to be in that area either so not really looking out for them, again, not an excuse but the reality of the situation.
I don't think you need go out of your way and use the sidewalk but just be a lot more aware if you cut through the gas station.

[qster]

You can walk any direction you want as long as you walking on a public roadway. The gas station is consider a private road and/or parking lot.

How did you come to 30km/h, do you go around carrying a radar detector?

If the driver did hit you...it would be 100% driver at fault.
Yes the driver would be ticketed and you'd be hurt (minor injuries).
However you'll need your parents auto insurance to file a claim.

[express.items]

[QUOTE=AmberMoon;6273677]Nothing against the OP personally but it erks the hell out of me when people walk and don't look. They just assume that since they are pedestrians they should not have to look. I have seen it so many times where the light changes red and instantly they just walk across never once looking to make sure the cars are stopped or in parking lots and coming out of stores they just walk out into the road and keep lookin forward hoping the car will stop for them.

So many fatalities recently with pedestrians just walking and not looking. I know when I was raised we were taught to look both ways regardless if we had right away or not. I have raised my kids the same way. Stop and look both ways before crossing. Also for some reason people love to walk in the middle of the road ( Parking lots) instead of next to the vehicle's or in front of the parked cars

As for the OP, I would say you were in the wrong for not walking on the sidewalk or not looking where you were going. If you would walk next to the road and not in it you would have been safer. You will never out fight a car guarantee so why chance it.[/QUOTE]

+1

But as a pedestrian, I need to say I hate it when people can't drive and follow right of way. I was trying to cross the street yesterday, there was an advance left, so the cars beside me were turning right (as they were facing a red). Which is fine, as it is perfectly legal and I can't cross anyway. But when I got the green, I did check before starting to cross, a car slowed down but didn't stop (yes, I know he had a green) and turned right.

[QUOTE=Digo;6273918]I have to quote this because this is how I felt when I read this. I have also seen so many people that never look around to make sure the street was safe before crossing.

This one time there was a fire truck with alarms on, and this stupid girl started crossing after everyone had stopped, just because she had the green. The fire truck had to stop for her to finish crossing before going on. She never looked around, but it was obvious she knew there was a fire truck. She just didn't care. I wanted to slap some sense into her, but I couldn't get out of my car in time. She was probably in her high teens.[/QUOTE]

+1

Also, the fire truck has right of way, stupid *****.

[danfromwaterloo]

When it comes to car vs. person, without fail very close to 100% of the time, the fault lies with the car. Right of way is given to the pedestrian - basically because if a car hits a person, the person gets hurt way more. So laws are designed to force cars to always yield to a pedestrian.

If she hit you, it would be her fault.

[Nikita]

[QUOTE=AmberMoon;6273677]Nothing against the OP personally but it erks the hell out of me when people walk and don't look. They just assume that since they are pedestrians they should not have to look. I have seen it so many times where the light changes red and instantly they just walk across never once looking to make sure the cars are stopped or in parking lots and coming out of stores they just walk out into the road and keep lookin forward hoping the car will stop for them.

So many fatalities recently with pedestrians just walking and not looking. I know when I was raised we were taught to look both ways regardless if we had right away or not. I have raised my kids the same way. Stop and look both ways before crossing. Also for some reason people love to walk in the middle of the road ( Parking lots) instead of next to the vehicle's or in front of the parked cars

As for the OP, I would say you were in the wrong for not walking on the sidewalk or not looking where you were going. If you would walk next to the road and not in it you would have been safer. You will never out fight a car guarantee so why chance it.[/QUOTE]


Yep, my parents taught me well too. I live on a one-way street and I still look both ways when I cross ....lol..habit I guess. And yes I do jaywalk, my corner store is across the street from me and I live in the middle of the block. It just seems silly to walk to one or the other of the intersections to go across the street. Police HQ is also kitty-corner to my building so I know I'm taking the chance of getting ticketed. But I am very careful, I do value living...lol.

Fault aside (cuz who really care who's fault it is if your dead) even when crossing on a green I'm looking not only at the cars, but also the drivers to see if they are paying attention (which of course they don't always do).