I sure can sympathize with sun in the eyes. It can be extremely blinding, so drivers have to be extra careful. I'm sorry your nephew got hit and hope his injuries heal with no lasting effects.

I'm NOT saying your nephew is wrong, but I do observe pedestrians being careless sometimes. It's always good to make eye contact with drivers when crossing in front of them. The driver probably is in the wrong, and all your nephew's medical bills should be covered. Why would he sue if his expenses are covered?

I agree with you, enjoyingspring. Sheesh! Of course pedestrians have a responsibility to watch out for themselves. He was crossing when the light was green? Too bad the driver can't sue your nephew for being stupid. Sorry to sound insensitive, but gee.

Suzieque, you may not be understanding the situation. I assume this means both the nephew and the vehicle were legally moving on the green, parallel to one another, but the vehicle turned right, and into the pedestrian, instead of going straight.

I take several walks a day with my dog and run into situations like this a lot. Even when I have the right-of-way, until I can catch the driver's eye and know that he sees me, I don't move.

I see this all the time......pedestrians and bicyclists just automatically cross the street, without looking at all. Blindly start crossing, or crossing when the hand is flashing. That happens often, especially bicyclists. I was turning on a green the other day and a bicyclist was racing down the sidewalk (as they love to do) as I was turning.

I always watch out for the cars when I'm out walking, the car is a lot bigger than I am! You have to use your head sometimes...sheesh!

Crossing a street on foot is the same as crossing a street in a car, it's essential to assume that "the other guy" doesn't see you and might do something unexpected. I saw a safety film as a young elementary school student, it said that the painted lines on the road are just that and not concrete walls. The lines can't stop a moving car. That's always stuck with me.

Bike riders can create their own danger. In most places, a rider on a moving bike is a vehicle, not a pedestrian. While pedestrians in a crosswalk have right of way, that doesn't include someone on a moving bike. Unless dismounted and walking the bike, a rider doesn't have right of way to stop traffic in a crosswalk.

Socks, if you think about it a bit, I'll bet you could guess why he'd want to sue!

If I'm understanding your description of what happened, I have absolutely zero sympathy for the driver and hope he or she gets a massive ticket in addition to possibly being sued. Your nephew, crossing with the light, absolutely, 100% had the right-of-way.

My guess is that "sun was in my eyes" excuse was concocted after the driver struck the pedestrian, and the truth is something more like the driver was checking their phone or fiddling with the radio or eating some french fries or thinking about dinner or any one of the other dozens of things drivers do rather than pay attention to the world and conditions around them.

I will say that pedestrians really do need to be on constant guard against the many (many, many) poor drivers, who blithely careen down the roads (and sometimes sidewalks) not because failing to watch somehow forfeits the pedestrian's right-of-way, rather because you can be dead-right about having the right-of-way, and you'll still be just as dead.

I am sure my nephew thinks he will make some easy money for pain and suffering if he sues.

"Your nephew, crossing with the light, absolutely, 100% had the right-of-way."

Not necessarily.

Did that intersection have a "crosswalk light"? That is, one of the lights that signals when pedestrians have the right of way to enter the crosswalk and cross the street? If so, was the light in the pedestrian's favor?

If the crosswalk light was red -- that is, indicating that the pedestrian DOES NOT have the right of way, then the OP's nephew was wrong to enter the crosswalk.

Plenty of pedestrians think that just because they are a pedestrian they can do whatever they want when, in fact, they cannot.

As I was driving home from an errand, 2 things reminded me of this post.

The car behind me was a LandRover right on my tail. As I was stopped at the red light, she pulled up beside me and turned left-----on the red. I guess she's above the law.

The other, traffic was stopped in both directions for a red, and a young boy was waiting for the light to turn so that he could ride his bike across. A man riding his bicycle came up beside me and sailed on through that red light, without even slowing down. He was my age or better. I thought he was a good example for that young boy who was still waiting patiently for the go ahead to cross. The *only* good thing I can say about that adult was that he was riding on the street, and not the sidewalk. I gave him the legal space of 3 feet when I went around him.

I see that all the time. I think the problem is drivers trying to turn right on red are watching the traffic towards their left and don't always realize when the light turns green. They just see a break in traffic and assume it's still red. They are in the wrong of course but it's an easy thing to do.

I see a lot of kids crossing the street after school and they just cross as soon as the symbol comes up without looking at the cars. I always watch the drivers turning right on red and only a few actually notice the pedestrians waiting to cross. Parents probably need to emphasize this more when teaching traffic safety to kids. You can't rely on people to follow the rules when it comes to safety.

As for suing, that's tough. I can see both points. I don't know if a true accident should be punished as much as deliberately reckless driving (texting, drunk, etc.)

I'm amazed at how clueless pedestrians can be. I'm sorry about your nephew and I wish him a speedy recovery, but, wth? These days and times you can't sling a dead cat without hearing about pedestrian vs car in the news. And no matter who's at fault, the pedestrian looses. Driving, on a bike or walking, it's a dangerous world out there. The thought of walking across a street without looking is Russian roulette, even on green.

That said, the driver was responsible for driving the car faster than he could react. Turning into a blinding sun happens to everyone, but if you are surprised to be blinded by the sun something's wrong.

At least according to the law in the state of Virginia:
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-924

§ 46.2-924. Drivers to stop for pedestrians; installation of certain signs;
penalty.

A. The driver of any vehicle on a highway shall yield the right-of-way to any
pedestrian crossing such highway:

1. At any clearly marked crosswalk, whether at mid-block or at the end of any
block;

2. At any regular pedestrian crossing included in the prolongation of the
lateral boundary lines of the adjacent sidewalk at the end of a block;

3. At any intersection when the driver is approaching on a highway or street
where the legal maximum speed does not exceed 35 miles per hour.

B. Notwithstanding the provisions of subsection A, at intersections or
crosswalks where the movement of traffic is being regulated by
law-enforcement officers or traffic control devices, the driver shall yield
according to the direction of the law-enforcement officer or device.

No pedestrian shall enter or cross an intersection in disregard of
approaching traffic.

The drivers of vehicles entering, crossing, or turning at intersections shall
change their course, slow down, or stop if necessary to permit pedestrians to
cross such intersections safely and expeditiously.

Pedestrians crossing highways at intersections shall at all times have the
right-of-way over vehicles making turns into the highways being crossed by
the pedestrians.

------------------------------------

So I will repeat: "Your nephew, crossing with the light, absolutely, 100% had the right-of-way."

and add: Plenty of drivers think they know what the law is where they are currently driving, based of their memory of what the law was years ago and possibly several states away when they last had to take a driver's exam.

Bob, I don't think you drive a car, must be a pedestrian that doesn't look while crossing the street.

Regardless what the rule-book says, I always wait and look and make eye contact before crossing. On side-streets on my walk I always wave them through when they're turning. I can stop and wait, then cross.

I visited friends in New York quite some time ago. We were out very late, when the sidewalks seemed to have been rolled up (contrary to that city that never sleeps thing). I was waiting for a green light to cross, and my native New Yorker friend thought I was crazy to wait because no one was around. In the West, that's a good way to get dead! Whereas in New York pedestrians, from what she said, didn't have right of way, and they do in California.

So I looked at the statute today, just out of curiousity, as well as a question and answer from law enforcement, and the driver's handbook. Here, by statute, a pedestrian crossing outside of a crosswalk (painted crosswalk anywhere or corner of intersection with no paint), i.e., jaywalking, does not actually have the right of way (plus the red crossing light situation Lindsey pointed out). However, according to the drivers' manual and law enforcement, the driver has a positive obligation (probably a different section of the law) to keep a safe distance from all pedestrians no matter whether they have legal right of way or not. That is, a driver hitting someone who jumps out from between cars with no room to see and stop, having the legal right of way, is not responsible, but if someone is in the middle of the road, wandering around, texting as the driver comes upon him, even though he is illegally impeding traffic, the driver must maintain a safe distance from the idiot, and would be at fault for hitting him. [This is a personal interpretation from 15 minutes of research, not an expert legal opinion.]

I read in the paper that there was a study that said that people are safer crossing at a corner where there isn't a painted crosswalk at the intersection because they're more careful about traffic, look both ways, etc., instead of just wandering in front of cars before being sure they're going to stop.

I'm sorry about your nephew, Enjoyingspring, and wish him a speedy recovery. I'm also sorry for the driver.

My own bugaboo is people on neighborhood streets with no sidewalks or footpaths who walk facing away from traffic. They're totally unaware of the cars coming up behind them and jink out into traffic (perhaps to avoid a puddle) with no warning. The law is that they face traffic.

It would help tremendously if pedestrians would look up from their phones while randomly walking through parking lots. Watching their children running around would also be helpful.

I drive significantly more than I walk. I basically only walk from the parking garage to the building I work in, and from there to the nearby commercial area for lunch most days. During those brief walks I see drivers disregard pedestrians several times a week, so I know enough to be actively aware whenever I cross a street and usually keep an eye open for wayward drivers even while walking along the sidewalk or standing on the corner waiting for the light.
If I am harsh and unsympathetic towards drivers who by their actions demonstrate that they don't know the law and are a danger to those around them when I am a pedestrian, I would say I am equally harsh and unsympathetic toward such drivers when I am driving. If not more so.

In my state, the only time you are permitted to turn left on red (after a full stop) is from a one-way street to another one-way.

In regard to the pedestrian who had the walk light, he had the right-of-way if I under the conditions. By the rules of the road, the driver was at fault. He should not drive into spaces in which he can not see. Likely, the driver was blinded by sun glare as he turned, however, that's what brakes are for: to arrest the vehicle until you can be sure of the space in front of you.

JemDandy said, "In regard to the pedestrian who had the walk light, he had the right-of-way if I [understand] the conditions."

You didn't understand the conditions. The OP has not stated that her nephew had the walk light -- only that the vehicles had a green light. Big difference. IF there was a walk light and it was green, then the pedestrian had the right-of-way. But IF there was a walk light and it was red, the pedestrian did not have the right-of-way.

Regardless what the sign says, if you walk in a dog park, you watch your step. If you don't understand that you're part of a pinball machine, and you don't pay attention, it's going to get messy.

When I'm out and about, either walking or driving, I do try to avoid being hit by something bigger than me, regardless of whether or not I'm in the right.. It's called being aware of your surroundings and personal responsibility and there just isn't enough of that these days..

I'll complain and swear about them later but at least I'll be in one piece. Where I live, in the spring and fall the sun can play true havoc with your driving vision both in the morning and in the evening. You can be in the middle of turning a corner and suddenly it's right in your face and you can't see a thing. At those times of the year traffic reports also give mention of the sun.

I'm sorry he got hurt. I've been the car and I've been the pedestrian in that same scenario. Turning cars don't have the right of way. Unless they're already in the turn. But the timing can be tricky.

I think pedestrians have the responsibility to follow their laws. Use the crosswalks; don't just step out into the street. Sheesh! They're painted on the road so people know where to look for you. Cross at the appropriate time, not against traffic. However, they get the right of way in some instances. If a car and pedestrian are at a stop sign, then the pedestrian gets the right of way. And I will step right out in the street to remind you that I have the right of way; I will stake my claim. Make no mistake. And I will stare you down if I am already in the crosswalk (where I belong!), especially at those with flashing lights, having made the decision that it's my turn and not the car's (we have to share, which means they sometimes get the go ahead, not me), but you decide you're not going to stop.

I dislike cars that think they're bigger so they get all the rights (I get run over by them all the time in my little car. Not in my bigger car? So that's really what it is). Same as bicyclists who think traffic laws don't apply to them. Yes, the laws of the road apply to you. I just want to plaster a big ol' share the road bumper sticker on them that says: You belong as far right as possible. Stay off sidewalks, walk your bike if you must use the sidewalk. Stop at the stop sign/light like the cars. Why? Because snooty bicyclists have bumper stickers on their cars here that say "3 feet" and shows arrows between the car and bicycles. I bet you a billion dollars, they're the same ones flying through stop signs, inbetween cars, and in the middle of the road. UGH!

Hopefully you didn't hit that pedestrian or the road sign while you were illegally driving down the center of the road and taking a photo at the same time

;)

Phone stays stowed. I wish! That dude was in Hawai'i

Rob, sometimes bicyclists don't even use the rules that protect them. I was stuck (in a car) behind a couple on bikes at the corner of a busy street. They just sat there, never realizing that the traffic wasn't ever going to have a break. Every intersection corner here, unless there's a sign saying don't cross, is a legal crosswalk whether it's marked or not. I finally leaned out my window and shouted to them to get off their bikes and walk across and the cars would have to stop for them. That, also, is what they're supposed to do by law. They did. The cars stopped. They crossed. The rest of us got to go in our turns.

Besides learning the rules of the road when you're a kid, it's a good idea to learn not just the laws but the road culture of where you actually are!

I go leaps and bounds out of my way to block traffic for those who are on bicycles who are following the rules meant to help them. I just cringe when they fly through intersections and hope deeply they don't get hit.

I actually honked (we don't honk here, ever) at a car that was about to go when a person was in the crosswalk the other day. They acted like I was being obnoxious? Until I pointed in front them and then I think they got it. They really were going to go and they absolutely would've hit the walker.

My dear departed father's word of advice regarding driving/being a pedestrian -- "Remember, it doesn't matter that you had the right-of-way if you aren't around, or in any condition, to enjoy it."

I can see why this nephew would sue. The sun isn't some unexpected laser! A car can be a lethal instrument. A driver is responsible for operating it safely.

The pedestrian ALWAYS has the right of way in my book. Watch for anyone within 'striking distance'. Watch for the kid playing near a curb. Watch for the person attempting to cross the street, even if he is not in a striped walkway. Watch for the person exiting his car. Slow down. Would you rather be 'in the right' or avoid an accident?

I see a lot of drivers with 'tunnel vision'. They aren't taking in the whole picture around them. Being aware while driving is one of the few things my father ever taught me -- that, and to keep pace within traffic, and how to open a peanut shell.

The pedestrian was ... dead right.

o j

I live in a very congested city where pedestrians and bicyclists are hit
on a regular basis. I try to make eye contact with drivers who may or may
not see me. I always assume that they don't.
I don't want my gravestone to say ".....but she had the right-of-way".

I used to walk all the time in my town. But I had too many close-calls with cars, plus my daughters said I was a target for purse snatchers. So now I mostly drive everywhere. The way I see it, It doesn't matter who has the Right of Way if you are injured or dead.

The importance of right of way comes up exactly when you're injured or dead, since its main function is to guide assessment of liability.

Yes, you don't want to be like James Dean, whose purported last words were, "That guy's gotta stop... He'll see us." That's why, the researchers concluded, there were so many fewer
pedestrians hit at unmarked corner legal crosswalks than painted ones. You can't just blithely assert your right of way and think it protects you like a force field. It's important to look both ways like you're taught in kindergarten, and to make eye contact with the drivers, to wear light colored clothes or reflective tape at night, or take some other kind of extra precaution that you can be seen, etc. But if you have the right of way, you can expect the rest of the traffic to respect it. That's why the cars stopped for the bicyclists when they got off their bikes and walked. Most drivers do obey the rules of the road--at least where I've been.