Fuck Cars
A place to discuss problems of car centric infrastructure or how it hurts us all. Let's explore the bad world of Cars!
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Fair point, it was indeed between crosswalks. But from the sound of it, the kids had been waiting to cross, and the younger kid jumped out on his own.
The older kid saw the danger, meaning the car should have been able to see at least one kid too. I maintain that if you can't react safely to kids you can see jumping unexpectedly off the curb as you drive by, you have no business driving.
Without seeing the incident, it's hard to say whether the driver should have reasonably been able to stop in time. Given what we know, it's entirely possible that he could not.
Except not really. It's a small town and from the article it sounds like the driver is an old person who has lived there for many years. They know what time kids are around, they know where kids usually hang out, and if they have half a brain they'll drive 15 mph in those areas.
My regular commute takes me near an elementary school, and every morning when I see those kids I drop my speed very low because you never know what they're going to do. It's your basic moral responsibility to keep the speed down because you know that small children don't have the experience and common sense to keep themselves out of the street.
The only way I can see the driver not being at fault is if he 1) could not see the kids near the road, and 2) had no reason to expect people might be in blind spots near the road.
Given that there were houses less than 2 blocks from the site of the incident, 2 seems unlikely - this sounds like either a suburban or urban neighborhood (multiple crosswalks within 2 blocks for a 4 lane road). No mention was made of any obstructions, which is not evidence in itself; but it's the rare four lane road that hasn't had obstructions cleared from the sides of the road (partly for this reason!), particularly in a non-rural area. At a glance, Gastonia seems to generally keep their roads clear.
I can certainly be convinced otherwise with more evidence, but the burden of vehicle safety absolutely lies on the driver. If you can't respond fast enough to a seven year old running out in front of you from a place you can't see; you are, by definition, driving too fast - regardless of the posted speed limit. And if you can see them, and aren't driving in such a way as to be able to keep them safe should they run in front of you, you're driving recklessly.