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Evidence shows that Ms. Hwang wasn't paying attention to her surroundings and carelessly walked into the path of a moving vehicle - that, BTW, was not speeding or being driven recklessly.

Just to pick this apart a bit: there's zero evidence that Ms Hwang wasn't paying attention to her surroundings. Or that she "carelessly" walked into the path of a moving vehicle.

You'll note that many commenters have talked about "glare" as a possible reason the truck never saw Hwang or attempted to stop. Always as a way of absolving the driver, but never as a possible explanation for the pedestrian's actions. Then again, she was "wearing headphones" according to the police spokesperson. Was the driver listening to the radio? Again, evidence is only brought up if it absolves the driver but not the pedestrian.

The police spokesperson is quick to assert that the driver was "not speeding". But what does that mean? Surely she's not saying the police have determined the driver wasn't going over the posted speed limit. Because there's no way they could determine this with any accuracy.

There are to competing arguments here: one, that our built environment should be made safer; the other that of all the various road users, only pedestrians should have perfect situational awareness at all times at the risk of their lives. And that if they're killed, and the driver is not drunk, then they're ipso facto at fault.

by oboe on Dec 1, 2012 4:12 pm • linkreport

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