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NJ Legislator Proposes Fine For Walking While Phone-Distracted (philly.com)

schwit1 writes: A bill proposed this week by Assemblywoman Pamela R. Lampitt (D., Camden) would impose a fine of up to $50 and possibly 15 days in jail for pedestrians caught using their cellphones without hands-free devices while walking on public sidewalks and along roadways. If the bill becomes law, 'petextrians' — people who text while walking — would face the same penalties as jaywalkers in New Jersey. From the article: Researchers say distracted walkers are more likely to ignore traffic lights or fail to look both ways before crossing the street. ... Lampitt said she wants that message to hit home in New Jersey for pedestrians and motorists who could easily be distracted while looking at mobile devices. Her bill, however, faces an uncertain future in the Legislature. It has not been posted for a vote and Lampitt acknowledged she might have a tough time getting it passed." Distracted pedestrians surely pose some risks, but they don't budge the needle compared to overbearing officialdom.

194 comments

  1. Take the phone away! by Anonymous Coward · · Score: 0

    Put it in a drawer. Come back when you grow up!

  2. Another excuse . . . by Anonymous Coward · · Score: 2, Insightful

    to give police to arrest someone for some other pretense.

    1. Re:Another excuse . . . by MightyMartian · · Score: 2

      Are you envisioning an Al Capone-style take down?

      "It is true, Your Honor and the Jury, that we cannot prove Mugs Malone strangled forty three people, ran extortion rackets in the Tri-City Area, and regularly raped chimpanzees, but what we can prove is that this murdering monkey raping gangster did willfully and with ill intent cross Main Street on no less than three occasions while texting on his iPhone!"

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Another excuse . . . by Noah+Haders · · Score: 5, Insightful

      No, more like a "papers, please" kind of stop. "Texting while walking? Well now I'm going to stop and detain you, check your ID, immigration status, and frisk you for any contraband." I bet a good amount of money that the vast majority people cited for texting while walking are poor blacks and latinos.

    3. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      Are there any statistics about likelihood of hitting a texting pedestrian vs a non-texting pedestrian, controlled for the relative proportions of texting-vs-non-texting pedestrians there are?

      Running over a pedestrian brings severe consequences to the driver, and even if it is totally the pedestrian's fault there is still risk that the cop/jury/insurance won't see it that way (and there is plenty more harmful impact to the driver that should be obvious).

      So, a law like this may be justified in its intent to protect drivers from all of this, but only if the stats make it clear that texting increases the risk of accident significantly.

    4. Re:Another excuse . . . by Anonymous Coward · · Score: 0, Funny

      There is no right to walk in the Constitution.

    5. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      ... raped chimpanzees ... monkey raping gangster ...

      The judge would throw out the case because chimpanzees are not monkeys. They are apes.

    6. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      I think that the allow could be an opportunity for police to discriminate. Distracted walking could be defined in many ways, and used to harass undesirables.

      The only advantage of such a rule is if a distracted walker is hit by a car. While I think pedestrians almost always have the right of way, sometimes the pedestrian shares the blame with the driver. Given a pedestrian might be so intent on swiping to find the latest hookup, it would be unreasonable to have the driver and the insurance to be fully culpable for such an accident.

    7. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      Why do you assume that blacks and latinos are poor? RACIST!

    8. Re:Another excuse . . . by Anonymous Coward · · Score: 1

      Yeah, sure, but the answer to that is not to put people who check a text while walking for up to 15 days in jail - I mean, what the fuck. The answer is consider the circumstances of any case where a pedestrian is injured by a moving vehicle, and give the driver a lighter (or none) sentence if it turns out to be the pedestrian's fault due to texting, running into the road without looking, or stumbling there drunk or something. This bill is goddamn ridiculous.

    9. Re: Another excuse . . . by Anonymous Coward · · Score: 1

      Will never be enacted. Not worth a news article. Only news because editors think it's a stupid idea that people will get worked up about

    10. Re:Another excuse . . . by HiThere · · Score: 2

      He's assuming that only the poor ones will be stopped. Or possibly that only the poor ones will be walking.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    11. Re: Another excuse . . . by Anonymous Coward · · Score: 0

      Sounds like Tucson. Look Mexican? Papers plz

    12. Re:Another excuse . . . by penguinoid · · Score: 1

      Agreed. This should be resolved via natural selection.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    13. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      I'm only screwing around. I hope you didn't take me too seriously.

    14. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      And the chimpanzee did not testify understandibly in court.

    15. Re:Another excuse . . . by MitchDev · · Score: 1

      No shit, these people should be policed by their fellow pedestrians and/or natural selection via cars.

      These police state scumbags are really getting out of hand.

    16. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      Or do what I do... trip them so they fall flat on their face. then help the cute ones up , look back and say "wow, did that bit of sidewalk catch you too?"
      great conversation starter

    17. Re:Another excuse . . . by ultranova · · Score: 1

      This should be resolved via natural selection.

      And it was: people who prioritised ensuring they'd survive their stupid mistakes outcompeted people who prioritised making sure others wouldn't.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    18. Re:Another excuse . . . by Grishnakh · · Score: 1

      Funny how a bill which would give bad police another tool to harass poor minorities this way is coming from a Democrat. It all fits with the Party of Hillary: give lip service to poor minorities while screwing them over. And what's really bad is they're happily voting for her in the Primaries rather than the guy who would really help them.

    19. Re:Another excuse . . . by Anonymous Coward · · Score: 0

      Is there any good reason to allow distracted walkers who interact with roads that have cars on them? It's actually trivial to avoid getting booked for this law - stop on the side of the footpath and operate your device without moving your legs. Simple.

    20. Re:Another excuse . . . by ebvwfbw · · Score: 1

      Texting while black?

      I Hesitate to even do that joke... may not be a joke.

    21. Re:Another excuse . . . by ncc74656 · · Score: 1

      Funny how a bill which would give bad police another tool to harass poor minorities this way is coming from a Democrat.

      What's even more funny is how you still think the Democrats give two shits about the "little people." They're all about growing the government and its power. (So are Republicans, but at least they pretended to be in favor of smaller, more accountable government.)

      --
      20 January 2017: the End of an Error.
  3. wrong solution by Anonymous Coward · · Score: 5, Insightful

    Distracted pedestrians (and anyone else distracted while doing something else) just need to be properly assigned responsibility for the problems they cause.

    If a distracted pedestrian, not obeying traffic laws gets mowed down, then that is on them, 100%. Driver walks away scot-free. If they cause an accident, they pay for damages, 100%. If they cause any financial hardship on anyone for their distractedness, they own it, 100%.

    Oh, but wait. That requires a society that recognizes personal responsibility and this is the US we are talking about here. Never mind silly old me.

    1. Re:wrong solution by Tx · · Score: 1

      I don't know why you got modded down for that, I guess a lot of slashdotters are iPhone zombies. Or maybe it was the unnecessary anti-USA comment at the end of an otherwise good point. I tend to agree, the people that tend to suffer most in distracted-pedestrian incidents are the people that caused the issue, so why not let natural selection take its course? Over time, we should be able to breed out the people that can't bring themselves to focus when stepping in to traffic, and the human race will be all the better for it. That's what evolution is supposed to do.

      --
      Oh no... it's the future.
    2. Re:wrong solution by Anonymous Coward · · Score: 1

      In a society, we share responsibility. Pretty much the definition. You need to go live on an island somewhere by yourself if you're one of the personal responsbility hard ons. You'll have all you can handle.

    3. Re:wrong solution by Noah+Haders · · Score: 2, Informative

      > If a distracted pedestrian, not obeying traffic laws gets mowed down, then that is on them, 100%. Driver walks away scot-free.

      The law says that drivers yield to pedestrians, even jaywalkers. doesn't matter if they're distracted or not. In a pedestrian accident, the driver is at fault.

      > If they cause an accident, they pay for damages, 100%. If they cause any financial hardship on anyone for their distractedness, they own it, 100%.

      Not clear what you mean. typically when there is an accident, you asses the percent fault for each party and the monetary damages that occurred. Typically there is a payout according to these determinations.

      In the case of a car accident, the driver is 100% at fault because of the law above. In the case of another type of accident, like a pedestrian is walking while distracted, and bumps into a ladder, knocking it over, and the ladder guy is injured, the pedestrian is at fault and should pay.

      > Oh, but wait. That requires a society that recognizes personal responsibility and this is the US we are talking about here.

      the rub that complicates these typical scenarios is the lawyer tax. regardless of who wins or loses, both parties pay a hefty lawyer tax, and the more complex and drawn out the litigation, the greater is the tax. This may cause the parties to negotiate responsibility and payments, regardless of who is at fault. Thus the american justice system is born.

    4. Re:wrong solution by Zontar+The+Mindless · · Score: 1

      The law makes it pretty clear that pedestrians have the right of way. Just because you're jaywalking does not give drivers carte-blanche to mow you down.

      --
      Il n'y a pas de Planet B.
    5. Re:wrong solution by chihowa · · Score: 1

      The law says that drivers yield to pedestrians, even jaywalkers. doesn't matter if they're distracted or not. In a pedestrian accident, the driver is at fault.

      Which law are you referring to, because I can't think of a single state that doesn't allow the particulars of the situation to be considered when determining the fault of a collision between a vehicle and a pedestrian? Nobody (except the police, apparently) have license to mow down pedestrians with impunity, but if a reasonably attentive drive could not avoid a collision with a pedestrian then they can be found not at fault for such a collision. I'm sure you can think of several examples that would fit that description, and since they very often involve distracted walking, I assume that they are what this bill is trying to reduce.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    6. Re:wrong solution by tnk1 · · Score: 1

      There are some scenarios where everyone pretty much relies on the other person being rational.

      Yes, if you see someone texting that looks like they are about to step out in front of you, you stop or try to avoid them.

      If some idiot suddenly steps out into an road from between two cars or something, and you don't see them in time, and they didn't register your presence because they were staring down at a phone... well that person is at fault.

      You know, you'd think that people really aren't that stupid, but every day I see people piled up in traffic behind someone who is talking on the phone, driving in the passing lane, and won't yield, or they're too distracted to even realize they should be yielding. And I mean, if you have that expensive fucking Samsung or iPhone, you can afford a fucking headset. I know that when I take calls in the car, I can just smack a button to pick up a call and talk. It's not like you have to be rich to have handsfree these days.

      Just an example of how things are going. It's gotten to the point that now when I come back from lunch at the cafe, there is this girl I see every so often who is staring at her phone while she's in motion and has her head phones on as if no one else is around. What makes this remarkable is that she's walking *backwards* while doing this. That's right, she is walking backwards and isn't even trying to see what is behind her. She sort of stays close to the wall, which the reason I suppose she mostly stays upright, but when she reaches an intersection she sort of stumbles a little bit until she figures out her bearings and then keeps right walking backwards. Mind you, it is a little challenging to walk *forward* while staring intently at a device, let alone in reverse. I have not yet been able to figure out what the fuck she is doing. I am starting to look for hidden cameras which are clearly there because this has to be a joke.

      People can be fucking stupid, and people staring at phones instead of concentrating on walking can get themselves killed and get a whole heap of trouble heaped on some poor driver somewhere who just never saw it coming. I don't think you should mow people like that down, but they are clearly in the running for a Darwin Award-themed reality show.

    7. Re:wrong solution by bws111 · · Score: 1

      Where is such a law? In NYS, for instance, the law says that a driver must give the right of way to a pedestrian in a crosswalk. And there have been a few cases recently where a car hit a pedestrian and the pedestrian was cited and the driver was not. In one case the pedestrian was crossing the street and not in a crosswalk, and in the other case the pedestrian was walking on the wrong side of the road.

    8. Re:wrong solution by Noah+Haders · · Score: 1

      > I'm sure you can think of several examples that would fit that description

      Agreed that the particulars of the edge cases will influence decisions on fault. But absent extreme circumstances (driver has a gun to his head? Pedestrian with rocket pack?), what could a pedestrian be possibly doing that would not be detected and avoided by a reasonably attentive driver? Even if you're walking distractedly, you're only doing so at 2MPH and there would be plenty of time for a reasonably attentive driver to notice, brake, and/or steer around the pedestrian.

    9. Re:wrong solution by Noah+Haders · · Score: 0

      > If some idiot suddenly steps out into an road from between two cars or something, and you don't see them in time, and they didn't register your presence because they were staring down at a phone... well that person is at fault.

      see the comment above about the reasonably attentive driver. If a driver gets into an accident because he's staring down at his phone, then the driver is not reasonably attentive.

    10. Re:wrong solution by Anonymous Coward · · Score: 0

      Good luck with that.

      You'd need to have more public and private CCTV than the UK combined, just in NJ, to make that worthwhile.
        It already never paid for itself before it was written down.

      It is about as feasible as solar roadways, in that it will never be capable of paying itself off, or proving that it can never pay itself off in practice because nobody would be dumb enough to try implement such an ide...oh wait.

      How can you reliably say that "He walked in front of me, out of nowhere!" when half the time drivers don't even consciously notice people walking out in front of their cars to stop in time?
      So much of the time people completely lock-up when a person is in front of them. These people should be tested for and forever banned from driving. Or forced to react better. (which would probably improve their lives in general, slow-reaction times are a horrible disability that is sadly not considered one when it SHOULD be)
      It would make roads safer than any liability against those people blindly walking out in front of cars ever could. The costs of court alone would be out the ass.
      Again, this is a situation where only the legal system benefits, which is why you know it should be scrapped.

    11. Re:wrong solution by Noah+Haders · · Score: 1

      It probably varies by state. In CA,

      21950. (a) The driver of a vehicle shall yield the right-of-way to
      a pedestrian crossing the roadway within any marked crosswalk or
      within any unmarked crosswalk at an intersection, except as otherwise
      provided in this chapter.
            (b) This section does not relieve a pedestrian from the duty of
      using due care for his or her safety. No pedestrian may suddenly
      leave a curb or other place of safety and walk or run into the path
      of a vehicle that is so close as to constitute an immediate hazard.
      No pedestrian may unnecessarily stop or delay traffic while in a
      marked or unmarked crosswalk.
            (c) The driver of a vehicle approaching a pedestrian within any
      marked or unmarked crosswalk shall exercise all due care and shall
      reduce the speed of the vehicle or take any other action relating to
      the operation of the vehicle as necessary to safeguard the safety of
      the pedestrian.
      (d) Subdivision (b) does not relieve a driver of a vehicle from
      the duty of exercising due care for the safety of any pedestrian
      within any marked crosswalk or within any unmarked crosswalk at an
      intersection.

      If a driver dashes onto the freeway and causes an unavoidable accident, the driver is not at fault. But if a pedestrian is walking distractedly, and causes an accident that the driver could have avoided, then the driver is at fault.

    12. Re:wrong solution by chihowa · · Score: 3, Informative

      The other responses in this thread list a few, including the classic: pedestrian steps out from between two parked vehicles into a stream of busy traffic moving at speed. An accident of some sort is extremely likely in that case and that's the sort of situation that inspired jaywalking laws to begin with. You don't need contrived gun-to-head scenarios unless you're being deliberately obtuse. A reasonably attentive driver doesn't have superhuman reflexes and the ability to change the laws of physics when maneuvering or braking a car. (Legally, a reasonably attentive driver is even allowed to be looking the opposite way or checking their mirrors or gauges for the second that it would take such a jaywalker to enter the stream of traffic.)

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    13. Re:wrong solution by Anonymous Coward · · Score: 2, Informative

      You don't have a driver's license, do you?

      How about a driver is driving, well within the speed limit, past a dense row of parked cars, and a pedestrian previously hidden behind one of the cars (say, a van) just absent-mindedly walks from between the cars right into the road, right in front of the driver's car with no way for the driver to react? Hell, what if the distracted pedestrian actually walks into the driver's car as it's passing by, hits its side and gets smacked by the rear view mirror? I've had a few close calls similar to that (luckily the idiots never walked into the road that close to me, so I always managed to avoid hitting them). The only way to avoid that would be to either install some sort of "parked-car-penetrating radar" on my car to warn me about people I can't see, or to drive at a walking pace in places like that.

      Or - and I know this is a radical thought - you could teach your goddamn kids to take care of themselves instead of relying on everyone else to work around them, and if you don't, I don't automatically go to jail if I hit them through no fault of my own, like I would in your batshit insane fantasy world you described earlier in this thread.

    14. Re:wrong solution by chihowa · · Score: 1

      Did you read section (b) from the quoted passage? Because your bolded section (d) is only modifying that section "within any marked crosswalk or within any unmarked crosswalk at an intersection."

      Your posted example completely agrees with the parent's description of the NY law. The example you gave doesn't apply at all when the pedestrian is jaywalking.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    15. Re:wrong solution by Noah+Haders · · Score: 1

      oh yeah you're right. reading fail.

    16. Re:wrong solution by Noah+Haders · · Score: 1

      I think it's unlikely that a reasonably attentive driver would hit a pedestrian stepping out between parked cars. On any road, there still needs to be room for somebody who just parked to open his door. if a driver is attentive for people who will open their door, then he's attentive for peds stepping out. if it's a really high speed road, then there will be plenty of buffer between the through lanes and the parked cars.

      > A reasonably attentive driver doesn't have superhuman reflexes and the ability to change the laws of physics when maneuvering or braking a car.

      I agree, which is why we have different regulations for avoidable and unavoidable collisions.

      I don't like calling car crashes "accidents", because the word accident implies that it's nobody's fault.

    17. Re:wrong solution by penguinoid · · Score: 1

      The law says that drivers yield to pedestrians, even jaywalkers. doesn't matter if they're distracted or not. In a pedestrian accident, the driver is at fault.

      Easy solution. Cite the pedestrian for jaywalking. Cite the driver for failing to yield. Have them both go to court and determine who's actions were most responsible for the accident, and have that person pay the damages/suffer the penalties. If they were exceedingly reckless, or made the accident unavoidable, cancel the other's citation (eg, car-on-sidewalk, pedestrian jumping from behind parked cars).

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    18. Re:wrong solution by Noah+Haders · · Score: 1

      I agree, this makes sense. Here's an interesting twist: due to car insurance, drivers face no financial liability except in extreme circumstances where your insurer tells you to eff off. however, pedestrians don't have ped insurance.

      All the regulations were written around the idea that every driver would have car insurance (it's the law!), and it's not a life or death financial situation when you assign fault for an accident. Nobody's going bankrupt from a crash. But in the scenario above, would the ped be liable for 5, 6, or 7 figure damages? That seems like an absurd unintended outcome of the law.

    19. Re:wrong solution by Anonymous Coward · · Score: 1

      Yes, which is common with you. I highly recommend to stop commenting on subjects you know nothing about.

    20. Re:wrong solution by KGIII · · Score: 1

      This backwards walking woman...

      How can you let that exist without asking why? I'd have to ask... "Excuse me, ma'am? I see you walking backwards frequently and I'm a curious person. Why are you walking backwards?"

      I do, indeed, get some interesting conversations out of life. I could not just let that happen - I'd have to ask her why.

      It's like the age-old question, "If you see a crazy person smashing their head against a wall, would you help them?" Nope. I most certainly would not. For starters, they're crazy but more importantly, I want to see how the story ends.

      --
      "So long and thanks for all the fish."
    21. Re: wrong solution by Anonymous Coward · · Score: 0

      Do they even have cellphones in usa? Last i read on slashdot only yuppies could afford them and everyone was happy with dialup internet from the federally approved monopolies. High speed internet (mobile or landbased) is just for free countries like korea or china.

    22. Re:wrong solution by rtb61 · · Score: 1

      So what happens when the diver was texting and the pedestrian was texting, who is at greater fault. Especially as legally speaking the pedestrian did not agree to laws bound to accepting a drivers licence, that the driver accepted. Perhaps a simple rider needs to be added being "which resulted in an accident occurring", so no harm, no fowl ie what happened to the chicken that crossed the road while texting ;).

      --
      Chaos - everything, everywhere, everywhen
    23. Re:wrong solution by flink · · Score: 1

      I think it's unlikely that a reasonably attentive driver would hit a pedestrian stepping out between parked cars. On any road, there still needs to be room for somebody who just parked to open his door.

      That's rich. In Boston, we have plenty of streets that are two-way in name only. You either familiarize yourself with the convention of which way people tend to drive down it or be prepared to play chicken. And that's before people start parking half on the sidewalk. On both sides of the street. And then dump a couple of feet of snow on top of it.

      When you open the driver side door, you check your mirror, crack the door, look over your shoulder, and then make a break for the sidewalk (or Look, Latch, and Leap, as my driver's ed instructor used to put it). Needless to say, if a pedestrian strolls out from behind a van or SUV without peeking around the edge for traffic first, yes they will get flattened, no matter how attentive the driver or how hard they stand on the brake.

    24. Re:wrong solution by mysidia · · Score: 1

      or to drive at a walking pace in places like that.

      This is exactly what the law requires that drivers do, and that's what the prosecution against the driver may very well say in court after the accident ---- they were driving too fast... even though it was below the speed limit; the driver of the vehicle was responsible to see the densely parked cars and operate their vehicle and a slow enough speed that the driver would be able to stop for any unexpected pedestrian emerging.

    25. Re:wrong solution by mysidia · · Score: 1

      drivers face no financial liability except in extreme circumstances where your insurer tells you to eff off.

      No... when drivers are at fault, they are liable, but it's insured liability. Drivers will pay for it in insurance premiums over time and more.

      however, pedestrians don't have ped insurance.

      This is their choice.... Generally, attention to their injuries would be covered by health insurance, and any liability would be covered by general liability insurance, homeowners' insurance, or an Umbrella policy from their insurance company. Certainly there are policies the ped could choose to purchase which would cover any liability to other people.

      in the scenario above, would the ped be liable for 5, 6, or 7 figure damages?

      The pedestria's liability is likely to be the full damages against themself, no matter how much.... If there are any other damages, then these damages are likely to be the exclusive responsibility of the drivers and/or the property owner.

      The pedestrian is not infinitely responsible, beyond anticipatable results of their failure.

      Just like a loose-mouthed trash talker setting off an international incident does not mysteriously become civilly liable for all the damages caused by war between the two nations.

      The pedestrian not behind the wheel of a vehicle; does not become responsible for other things the vehicles happened to damage, possibly due to the pedstrian's presence with them. /P

    26. Re:wrong solution by mysidia · · Score: 1

      So what happens when the diver was texting and the pedestrian was texting, who is at greater fault.

      If the driver was texting and ran into the pedestrian, then the driver is 100% at fault, full stop.

      As a pedestrian; there is generally no hazard from texting, and all the danger is caused by the fact there are cars, and the distracted driving cannot be overcome by any action of the pedestrian.

    27. Re:wrong solution by Cederic · · Score: 1

      Needless to say, if a pedestrian strolls out from behind a van or SUV without peeking around the edge for traffic first, yes they will get flattened, no matter how attentive the driver or how hard they stand on the brake.

      Then the driver is at fault for driving too fast. Shit, you've just described a congested highly pedestrianised area; driving at any speed needing more than a car length's worth of stopping distance sounds pretty fucking stupid to me.

      In the UK many residential streets are like that, with whole districts that way. People drive slowly and accidents are rare.

    28. Re:wrong solution by MitchDev · · Score: 1

      "The law says that drivers yield to pedestrians, even jaywalkers. doesn't matter if they're distracted or not. In a pedestrian accident, the driver is at fault."
      And that stupidity needs top come to an end.

    29. Re:wrong solution by MitchDev · · Score: 1

      Argh, can't trust spell check when the mis-typed word is actually a word itself...

    30. Re:wrong solution by MitchDev · · Score: 1

      "Then the driver is at fault for driving too fast. "
      Absolutely not. Pedestrians HAVE to be held accountable for their stupidity.

    31. Re:wrong solution by Anonymous Coward · · Score: 0

      Well no, a "society" just denotes a group of people.

    32. Re:wrong solution by pla · · Score: 1

      On any road, there still needs to be room for somebody who just parked to open his door.

      Nope. If you open your door into traffic and someone driving by clips it, you have caused the accident.

      Irrelevant, anyway - If someone steps out from between two large vehicles, you can't go from 25 to zero faster than that person can take two steps. Physics always wins.

    33. Re:wrong solution by pla · · Score: 1

      This is exactly what the law requires that drivers do

      It requires no such thing. That situation describes any urban road, with speed limits between 25 and 35MPH, not 5MPH.

    34. Re:wrong solution by Noah+Haders · · Score: 1

      why? ever hear of responsibility? taking responsibility for their actions? drivers have all the power in any driver/ped interaction.

    35. Re:wrong solution by MitchDev · · Score: 1

      Yeah, like the pedestrian taking responsibility for paying attention to the world around them,

      When a human/car collision occurs, guess which suffers the most damage? Maybe if stupid people paid more attention and were more cautious, it wouldn't be an issue, but unfortunately blame needs to be applied to the party actually at fault, and if the pedestrian is disobeying traffic laws (only cross on green at a designated crosswalk, for example), then the PEDESTRIAN is 100% at fault

      PERSONAL RESPONSIBILITY, the pedestrian is personally responsible for crossing safely and properly.

    36. Re:wrong solution by ultranova · · Score: 1

      If a distracted pedestrian, not obeying traffic laws gets mowed down, then that is on them, 100%. Driver walks away scot-free.

      This will lead to the same problem as with "stand your ground" laws: it's typically not possible to prove beyond reasonable doubt that the pedestrian obeyed traffick laws, so the driver will walk away.

      If they cause any financial hardship on anyone for their distractedness, they own it, 100%.

      Wall Street will veto a law like that.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    37. Re:wrong solution by mysidia · · Score: 1

      Want to rethink that stance?

      These are not general hazards of texting; these are extreme situations which can sometimes occur.

      Also, a reasonable person --- even if texting while walking, is going to look up occassionally, to make sure they still see where they are going.

      Texting While Walking Causes More Accidents Than Texting and Driving

      However, they are smaller accidents, and they tend to only affect the person texting. Also, there can be varying levels of distraction while texting while walking --- and some level of distraction can be safe, Whereas, other levels of distraction can have some risks.

      Man 'walks off cliff and plummets 60 feet to his death on Christmas Day while distracted

      So you think it's normal for there to be a 60ft cliff in the middle of the sidewalk, or in the city park? If you're out hiking; it's a different story, but only a fool would stare at their phone continuously trudging through the wilderness.

      Girl Falls Into Manhole While Texting, Parents Sue

      Because a Manhole carelessly left open/not secured is not reckless disregard by the workers and a danger to everyone on the sidewalk? People have fallen into those, without even being distracted.....

      That is what you call an "unreasonable hazard"; and generally, Manholes aren't left open.

      Also, usually those are on the street (I think); not the Sidewalk.

      Bonnie Miller, Woman Who Fell Off Pier While Texting, Saved By Teen Rebecca Van Zant

      So anyways.... there aren't piers in the middle of a city or normal walk area for people to fall off of. There are certain areas, of course, such as near lakes or rivers, where additional care is due.

    38. Re:wrong solution by pla · · Score: 1

      There are certain areas, of course, such as near lakes or rivers, where additional care is due.

      You don't see "walking 15 feet away from a continuous stream of rapidly moving multi-ton objects" as one of those areas?

    39. Re:wrong solution by Cro+Magnon · · Score: 1

      It's true that there are very few 60 foot cliffs near the sidewalks in my area. Or even open manholes. There are, however, telephone/light poles all over the place, and I have seen texters walk right into them. Ouch!

      "Also, a reasonable person --- even if texting while walking, is going to look up occassionally, to make sure they still see where they are going."

      The word is "reasonable". Many of the walking texters don't qualify.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    40. Re:wrong solution by Culture20 · · Score: 1

      what could a pedestrian be possibly doing that would not be detected and avoided by a reasonably attentive driver?

      Jogging at night and running across an intersection against the light when the speed limit on the road is 45 mph. Standing behind a tall car or light pole and stepping into traffic. Standing behind other people and stepping into traffic. Standing behind nothing at all and stepping into traffic.

    41. Re:wrong solution by ultranova · · Score: 1

      The only way to avoid that would be to either install some sort of "parked-car-penetrating radar" on my car to warn me about people I can't see, or to drive at a walking pace in places like that.

      So do so.

      Or - and I know this is a radical thought - you could teach your goddamn kids to take care of themselves instead of relying on everyone else to work around them,

      Or how about you, a trained adult operating dangerous machinery on public places, stop blaming your own incompetence on others, especially kids?

      and if you don't, I don't automatically go to jail if I hit them through no fault of my own,

      That you inisist on driving too fast is no one's fault but your own.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    42. Re:wrong solution by Anonymous Coward · · Score: 0

      Only rational people can be responsible. The typical person is a functional idiot that cannot probably care for themselves. Ever hear someone complain about how high their energy bill is, then you go to their house and they run the heat at 85f and leave the windows opened because it's too hot? This is the average person. Damn near retarded in my book.

    43. Re:wrong solution by david_thornley · · Score: 1

      True story: We were on an arterial street, going the speed limit (going much less would have disrupted traffic), and the light was green. There was a bus pulled over to the curb.

      Suddenly, a family of idiots walked out from behind the bus with no warning whatsoever. There was no possible way we could have seen them before they were in an active lane of traffic.

      Fortunately, we were one lane over from the bus, which gave us a little maneuvering time, and we were able to avert a tragic accident. Had we been in the lane next to the bus, which was entirely legal and often practiced, it would have been different. Then some of the idiots looked at us like it was our fault we were using the street in an entirely standard way.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    44. Re:wrong solution by Anonymous Coward · · Score: 0

      So what's the problem with this law that will make this happen?

    45. Re:wrong solution by tnk1 · · Score: 1

      Actually, I was referring to the person walking as paying attention to the phone, not the driver. I suppose that could be ambiguous in retrospect.

      While I agree that most situations can be prevented by the driver being attentive, there are definitely situations where a pedestrian can come out of nowhere. I don't for a second believe that all pedestrians can be avoided simply by being attentive.

      When you are on a road or a pedestrian on a public road/sidewalk there is always the expectation that both sides will be rational to some degree. I agree that most of the responsibility goes on a driver, for various reasons, but I just can't get behind throwing the book at a driver for having to deal with someone who is so oblivious to their own safety as to walk on a road while not watching what they are doing. And there are people like that out there.

    46. Re:wrong solution by tnk1 · · Score: 1

      I would have to work far too hard to distract her from her headphones and phone to get her attention to even try and ask.

    47. Re: wrong solution by Anonymous Coward · · Score: 0

      If I am driving right next to dense parked cars, I slow down.

      This is completely sensible. The road driving advice I follow is this: do not travel faster than your ability to see your stopping point. This is good advice for all situations - fast, slow, free flowing or congested. If you see cars densely parked together, it's fine to assume that there's a correlated density of pedestrians in the area. It's completely sensible to drive slower than the speed limit; the speed limit is supposed to indicate your maximum speed under ideal road driving conditions. If the conditions degrade from the ideal, you should also increase your awareness and reduce your speed in a like manner.

    48. Re:wrong solution by Anonymous Coward · · Score: 0

      Where does it stop? At what point do people have to start taking responsibility for their actions? I thought you guys were crazy about rules, so why can't the pedestrians just cross at crosswalks instead of making all the drivers fret about hitting all of these roaming idiots that you guys apparently have?

    49. Re:wrong solution by Noah+Haders · · Score: 1

      > Actually, I was referring to the person walking as paying attention to the phone, not the driver. I suppose that could be ambiguous in retrospect.
      reading over your earlier comment, I see that I suck at reading comprehension these days.

      > When you are on a road or a pedestrian on a public road/sidewalk there is always the expectation that both sides will be rational to some degree.

      Disagree. At the very least, I would not want to drive behind you. When I drive, I leave enough buffer around me to accommodate irrational people, such as the road rage assholes and the petextrians.

    50. Re:wrong solution by mysidia · · Score: 1

      and I have seen texters walk right into them. Ouch!

      I think that's a nice nudge for the texter to learn a lesson, and if it's just a bump and some bruises: not so bad in the grand scheme of things; much more effective than getting some B.S. fine or ticket.

      I know someone who in their 30s that was not texting and almost bled to death after they slipped and fell in a Target parking lot, busting her knee in the process, and lay on the pavement unable to move.

      This 'gravity' and 'unsafe surface' stuff seems like a much bigger problem, and being distracted or not --- only addresses a small subset of risks.

      Plus... from iPhones, to Smartwatches, to iPods playing music over headphones.... there's an endless source of distractions people want.

      So perhaps we should just ban walking entirely, and especially jogging/running, and also force all pedestrians to ride at least motor chairs (with seatbelts, airbags, bumpers, and anti-collision/anti-fall software safety features) when in public.

    51. Re:wrong solution by KGIII · · Score: 1

      I'd have to know. It'd drive me bonkers. Besides she might be cute. If she's cute, I definitely have to ask. I can't date or whatnot, 'cause I already am stuck to someone, but that doesn't mean I can't go have a closer look - so long as I don't go touching.

      --
      "So long and thanks for all the fish."
    52. Re:wrong solution by Some_Llama · · Score: 1

      this reads to me as people have no personal responsibility, just walk out into the street, who cares... it's not your fault people are driving the speed limit.

      i guess why even have crosswalks or jaywalking laws?

    53. Re:wrong solution by Some_Llama · · Score: 1

      ah, so you're the guy everyone is driving around in order to pass you doing 64 in the fast lane with 6+ cars lengths in front of you.

      just drive in the slow lane.. k?

    54. Re:wrong solution by Some_Llama · · Score: 1

      hmmm, seems you "stepped right out in front of that one".

    55. Re:wrong solution by Noah+Haders · · Score: 1

      the safest place to be on the road is when all the cars in front of you are going a little bit faster, so as time goes on they keep getting further and farther away. it's like the opposite of crashing into something.

  4. Waste of time by Anonymous Coward · · Score: 0

    Give me a break. We can put some better laws in place, somewhere.... I'm sure of it.

  5. Hands free doesn't help. by Anonymous Coward · · Score: 1

    This has been shown again and again with drivers, I do not see how it would be different for walkers.

    1. Re:Hands free doesn't help. by manu0601 · · Score: 1

      Well, it could be worse for drivers, because they need their both hands to drive in some situations, while a pedestrian can walk without using its hands

      That said, when it comes to attention, I fail to see why a hands-free kit would be of any help for a pedestrian.

  6. What these carbon-copy stories mean by axewolf · · Score: 5, Insightful

    In a state where everything is legislated, the people in it are assumed by the state to be mindless slaves who would stop functioning without constant instruction in minute details of life. And they are probably correct in that judgement.

    You should take these stories personally. I think it would be difficult to over react. You can see countless examples of such laws already enacted.
    You think you're so intelligent that such laws would never affect you. But there are such laws that affect you.

    Instead of making excuses for the signs of your government's tyranny, you should inventory the examples.
    I think most anyone who has the discipline to do this will come to the conclusion that they are not a respected citizen of the state.

    Maybe if enough people were to harden themselves in this way there could be an opportunity for freedom for those who deserve it.

  7. Seems to be its own reward by drinkypoo · · Score: 2

    If you're not jaywalking, what's the problem? If you are jaywalking, then you can already be cited for jaywalking.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Seems to be its own reward by murdocj · · Score: 1

      The problem is the idiots who can't look up from their phone while crossing the street. I suppose you could view it as "evolution in action" that they are eventually going to get hit, but as a driver, I really don't want to hit anyone.

    2. Re:Seems to be its own reward by Noah+Haders · · Score: 1

      sidewalks are for regular walking, not for fancy walking!

    3. Re:Seems to be its own reward by Anonymous Coward · · Score: 0

      "Jaywalking" being one of those hilarious little bits of literal fascism that the US thinks nothing of.

      CAPTCHA: agitator

    4. Re:Seems to be its own reward by Anonymous Coward · · Score: 0

      ok I'm drinving down main street at 35 mph and a dude walks into the street 5 feet in front of me.

      I cannot stop. I will hit and most likely kill him.

      What do I do?

    5. Re:Seems to be its own reward by Aighearach · · Score: 1

      The problem is that the legislator chafes under the "hand up and drive" rules, and wants to "push back" against pedestrians to "level the playing field."

      He'd love it in my State, where every intersection has implied cross walks, and the pedestrian has the right of way at all of them. :) :) :)

      The funny thing is, I see way more drivers using a phone than pedestrians.

    6. Re:Seems to be its own reward by Aighearach · · Score: 1

      I even once saw a hooligan dancing on the sidewalk!!!1!!

    7. Re:Seems to be its own reward by lgw · · Score: 2

      The laws of physics disagree with you. There's just no speed slow enough to avoid hitting someone who jumps out from behind an obstacle you can't see over. And the laws reflect that - if you step out into the street, not in a crosswalk, a driver is only required to exercise reasonable care. That does not include Superman's X-ray vision, or Superman's ability to stop a car in motion in 3 feet.

      Normal flow of traffic is about 30 MPH on the roads around where I live (dense area), and there's street parking everywhere. Just walking out from between two cars and hoping for the best is a poor life strategy.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re: Seems to be its own reward by Anonymous Coward · · Score: 0

      Don't drive at 35mph in a situation where pedestrians or animals could unexpectedly enter the roadway.

    9. Re:Seems to be its own reward by murdocj · · Score: 2

      Right. Zero accidents that I've been responsible for in 30 years... well what do you know I DO drive responsibly. But at 20 miles per hour, you cover 30 feet in a second. If someone wanders out behind a van right in front of me, I won't be responsible for hitting him, but I'm still going to feel awful about it.

      Got it?

    10. Re: Seems to be its own reward by Anonymous Coward · · Score: 0

      You're an idiot, so now everyone drives at 10mph everywhere they go or they're bad drivers? Do you even know how to drive or have left your house in the past month?

    11. Re: Seems to be its own reward by KGIII · · Score: 1

      Actually, in that area the speed limit is 25 MPH, in most States, and the speed limit is the maximum speed you are allowed to travel under optimal conditions - that includes weather, pedestrians, obstructed vision, and traffic.

      I'm not sure you're qualified to determine who is and who is not a bad driver. Almost every single accident that occurs is because someone was driving too fast for the conditions.

      --
      "So long and thanks for all the fish."
    12. Re:Seems to be its own reward by KGIII · · Score: 1

      "literal fascism"

      Hmm... Define for me, if you will, fascism? For bonus points, what has jaywalking got to do with fascism?

      It might be all sorts of things but I'm having a hard time seeing why you'd say it is "literal fascism." Unless, of course, you're using your own definition of the word that we're not privy to.

      --
      "So long and thanks for all the fish."
    13. Re: Seems to be its own reward by Anonymous Coward · · Score: 0

      Wait till they hear about "home owners associations" i here they make stasi east germany look like a libertarian paradise.

    14. Re: Seems to be its own reward by Anonymous Coward · · Score: 0

      lol shut the fuck up you retard

    15. Re: Seems to be its own reward by serviscope_minor · · Score: 1

      Actually, in that area the speed limit is 25 MPH, in most States, and the speed limit is the maximum speed you are allowed to travel under optimal conditions - that includes weather, pedestrians, obstructed vision, and traffic.

      That's funny. The impression I got in some places that the speed limit was a threshold such that if you get down to within 5mph of it, you have justifiable grounds for extreme anger and horn usage.

      --
      SJW n. One who posts facts.
    16. Re:Seems to be its own reward by Cederic · · Score: 1

      Just how close are you passing this van? Six foot gap, 3 foot gap, 4 inches? If you're passing vans at 20mph with less than a six foot gap you're going too fast.

      If you're six foot or more away from the van then any pedestrian has to step out and cover six foot before you can hit them. That gives you time to see them and time to react.

      If you're so close to the end of the van that you wont have time to react anyway, you'll be past it before they can cover those six feet. They may walk into the side of your vehicle but you wont hit them.

      This is one reason you'll have had zero accidents - you're driving responsibly. But it's also why so many of these "pedestrian appears from nowhere" worries are baseless, if the driver is driving at a sensible speed for the conditions.

    17. Re:Seems to be its own reward by murdocj · · Score: 2

      The only way to avoid hitting pedestrians who aren't paying attention is not drive. Period.

    18. Re:Seems to be its own reward by Anonymous Coward · · Score: 0

      I was driving diving down the road in my neighborhood at 10 MPH, speed limit 25, in the middle of the road because it was lined with cars on either side to give myself reaction time in case a small child were to come running out in front of me. I felt I had taken adequate precaution for driving at a speed where at expected human speeds I would be able to react in time. And then a small kid shot out in front of me at 25 MPH in a gokart, spun out and stopped right in front of me. Had I been 1 second earlier I would have run over the kid and the only reason I didn't was because of pure luck.

      You sit all high and mighty with you're omniscient eye, but some of us, unlike you, aren't all knowing and all seeing. I just hadn't been prepared for a kid on a gokart to come shooting out in front of me. Sometimes you can't be prepared for all eventualities. Sometimes there's shit you just don't foresee. And if this is something you claim I should have foreseen, I'm going to call bullshit on you, you arrogant ass. And yes, I know he was going 25, because after he straightened himself and got on to the sidewalk on the other side of the street and took off, and the cars on the side of the street cleared, I was able to match him to find out how fast he was going.

    19. Re: Seems to be its own reward by Cro+Magnon · · Score: 1

      I remember one time I was on a residential street. I don't think 25 would have been safe in any case, but that particular time, not only were there more parked cars than usual, but there were a bunch of kids just out of the street. I had a feeling about it, and slowed to maybe 5 MPH, and sure enough a ball shot into the street between the cars, closely followed by one of the kids.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    20. Re: Seems to be its own reward by KGIII · · Score: 1

      Where there's one, there's two.

      Some old dude taught me that, a long time ago. It's usually true. If you see one kid, there's another one around somewhere. If you see one animal, there's another one. If you see one car, there's another one.

      It's not always true but it's a good indicator.

      --
      "So long and thanks for all the fish."
    21. Re: Seems to be its own reward by KGIII · · Score: 1

      The vast, vast majority of drivers are incompetent and should not have the privilege of driving until they've demonstrated an actual ability to drive properly. This is not unique to the US.

      I've not only driven all over the world but I've taken a whole bunch of lessons, advanced driving courses, and even drove as my MOS for quite a while. I not only drove heavy vehicles but I also went to school to learn defensive and asset protection (I drove staff cars for a while and then escorted prisoners). I've taken classroom settings and on-course settings lessons at a variety of places. I've taken lessons in on and off road driving. I've even taken classroom courses and then hired a coach/instructor while renting a variety of exotics to drive the Nurburgring.

      Add to that, an understanding of traffic and years of working in the industry and I think I can authoritatively state that there are a lot of "non-driving fucks" on the road who have no business being there. Add to that a number of them who are incompetent, in a rush, full of ego, and are assholes - and you get what you witnessed. It is, by no means, exclusive to the US. I'd say there's a fairly even distribution of them but it is marginally helped in areas where they insist on a greater level of education prior to being allowed to drive. The problem is, they seem to forget the lessons learned in driver's education within a few years of having earned their right to drive. So, you end up with shitty drivers everywhere - even if they're ostensibly more educated.

      That's not to say there are no improvements - it's just that they're not that large. Some areas are marginally better than others but there's no significant improvements from what you've got in modern Western nations with an acceptable infrastructure.

      --
      "So long and thanks for all the fish."
    22. Re: Seems to be its own reward by Quirkz · · Score: 1

      Where there's one, there's two.

      So, kids are like the Sith? Actually, that sounds about right.

    23. Re: Seems to be its own reward by KGIII · · Score: 1

      I had not thought of it that way. You might be on to something.

      Or on something...

      --
      "So long and thanks for all the fish."
  8. Jaywalkers by Anonymous Coward · · Score: 1

    Same penalty for jaywalkers, as in a law that cops would never enforce. The point of it being, if you get hit by a car while the driver's doing nothing wrong while you jaywalk or ped-text, you are presumably liable because your violation of the law was the cause.
    In practice the driver's always the one that becomes liable, thanks to civil court in this sue-happy country. In theory though, this would be a nice law protecting everyone from getting sued by stupid people for the consequences of their stupidity.

    1. Re:Jaywalkers by Noah+Haders · · Score: 1

      drivers have a responsibility to not hit pedestrians, even jaywalkers.

    2. Re:Jaywalkers by Cederic · · Score: 2

      Same penalty for jaywalkers, as in a law that cops would never enforce

      In California a few weeks back work colleagues kept dragging me back to stop me crossing empty roads in case the police stopped me for jaywalking.

      It really is an asinine and pointless law. It also slowed down drivers as I had to wait on an empty road for a light to turn red, by which time a car had arrived and had to stop for me to cross. If I'd just walked over when I reached the road I'd have been across and gone with no delay to myself or the car.

  9. Its a citation by Anonymous Coward · · Score: 0

    not an arrest

    1. Re:Its a citation by Anonymous Coward · · Score: 0

      It's another bullshit reason to lawfully stop you which could lead to an arrest if you are founf to have or be doing something else illegal.

    2. Re:Its a citation by Anonymous Coward · · Score: 0

      You should probably try to not do illegal things in public then

    3. Re:Its a citation by Aighearach · · Score: 1

      And walking down the sidewalk is a right not a privilege like driving.

      Holding a phone to your ear is a matter of free speech, protected by the Constitution.

      Details matter... right Mr Pedant?

    4. Re:Its a citation by Motherfucking+Shit · · Score: 1

      Or maybe - and here's a revolutionary idea, I know - the cops should leave you the fuck alone if you aren't hurting anyone.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    5. Re:Its a citation by Anonymous Coward · · Score: 0

      Holding a phone to your ear is a matter of free speech, protected by the Constitution.

      Yes, the authors of the Constitution totally envisioned telephones, especially portable ones that people would have on them at all times. Also, they had no idea that Free Speech meant "Ability to say whatever, whenever"... those dumbassess thought it meant that you couldn't be arrested for talking smack about, or criticizing, the government. Idiots.

    6. Re:Its a citation by Anonymous Coward · · Score: 0

      Agreed. However some idiot will say: "But their deaths jacked up my insurance rates!" and we can't have that now can we?

      Honestly this is a legal solution looking to fix a self correcting problem. I.e. If you get hit by a car / bus / truck / etc. while being a distracted pedestrian and live, chances are you're going to be FUBAR for so long you'll remember it and not do it again. If you are that stupid not to care, you'll eventually wind up where the other half of these idiots wind up a grave. (A.K.A death) and will not be able to do it again. If this is such a problem that the vast majority of people are doing this, then all the government needs to do is say the following: "It's not the government's job to protect your stupidity. If you want to text-while-walking, either pay attention to where you are going, or don't complain when your distractions cause harm to you."

      Actually a better law, if one must exist, would be to show no mercy to the perp and simply make them completely liable and responsible for ALL damages done by their inattentiveness. Even give the insurance companies a free out. I guarantee that once enough people who live wind up being financially ruined for life because of their actions, this behavior will stop.

    7. Re:Its a citation by Culture20 · · Score: 1

      Yes, the authors of the Constitution totally envisioned telephones, especially portable ones that people would have on them at all times.

      Imagine someone reading a snail mail letter and walking into the path of a team of horses pulling a heavy wagon. Not much different.

    8. Re:Its a citation by Culture20 · · Score: 1

      It's another bullshit reason to lawfully stop you which could lead to an arrest if you are founf to have or be doing something else illegal.

      Like resisting arrest.

    9. Re:Its a citation by Anonymous Coward · · Score: 0
      You make a lot of assumptions that have been proven false many many times.

      Actually a better law, if one must exist, would be to show no mercy to the perp and simply make them completely liable and responsible for ALL damages done by their inattentiveness.

      If the perp dies, they still cost everyone else a lot of money and still cause damage. How are they to pay?

      I guarantee that once enough people who live wind up being financially ruined for life because of their actions, this behavior will stop.

      You are entirely wrong. People will still keep on doing stupid stuff. People do self harm all of the time and repeatedly do it. Self harm is all fine and good until it hurts someone else. By the age of 18, the average person has created a negative value of $250k for all of society. It takes quite a long time to pay it back. Even in the hypothetically impossible situation where someone does not cause loss when they die, they would still have costed society money without having paid it back yet.

      The average person is horrible and long term risk management. They cannot be considered a rational player.

    10. Re:Its a citation by Anonymous Coward · · Score: 0

      Walking while distracted implies that the distracted walker has a higher chance of being involved in an accident caused by themselves. I bet that statistics would back me up on that. In other words - walking while distracted leads people to hurt others.

    11. Re:Its a citation by djinn6 · · Score: 1

      By the age of 18, the average person has created a negative value of $250k for all of society. It takes quite a long time to pay it back. Even in the hypothetically impossible situation where someone does not cause loss when they die, they would still have costed society money without having paid it back yet.

      This line of reasoning is a bit of a slippery slope. Let's accept that a 18-year old cost society $250k to raise. If you view this as $250k debt to society, then you can demand that they pay that back somehow. If they commit suicide, then they've done a moral wrong on par with deliberate debt evasion. They took the money and never paid it back.

      However, by that same logic, society can also demand that they do work that pays taxes, and if they don't pay taxes at the rate such that their lifetime contributions exceeds $250k, then they should be forced to work harder, longer, and at higher paying jobs. Obviously there are problems with this. Besides the impossibility of forcing them into higher paying jobs, forcing them to work is indentured servitude, bordering on slavery.

      A better way of looking at the problem is to think of the $250k as an investment. Money invested do not have to be paid back if the investment did not profit. Indeed, the majority of people will not contribute their fair share of what was invested in them. However, investors (and governments) don't need them to. As long as there's a few successes that pays out 50x or 100x their investment, the cycle can keep going.

      Moreover, it would not be fair to demand $250k from 18-year-olds. None of them asked to have $250k spent on them, and most of that $250k is spent by people other than themselves, often in a wasteful manner, in which the 18-year-olds have no control. If you feel the amount is too large, then blame should be laid at the feet of those spending that money, namely the government and those who elected them.

  10. We need more lawyers by Stan92057 · · Score: 1

    Why fine them? seem to me this is job security for lawyers. We can always use more lawyers..

    --
    Jack of all trades,master of none
    1. Re: We need more lawyers by Anonymous Coward · · Score: 0

      Yes, us sloppy walkers are job creators.

  11. I propose a fine for distracted lawmakers by JoeyRox · · Score: 4, Insightful

    Who spend their time diddling away at ridiculous bills when there are real problems to be solved.

    1. Re:I propose a fine for distracted lawmakers by Noah+Haders · · Score: 1

      I think it's the american people who end up paying the fine.

    2. Re:I propose a fine for distracted lawmakers by Anonymous Coward · · Score: 0

      You dont get it do you.... "lawmakers" dont exist to "solve" anything for the "people". They are self-aware like SkyNet, they exist solely to *TAX* you and then *SOLVE* how to redistribute that to themselves and their crony capitalist friends in ways that you *THINK* are beneficial to you the people, but that *ACTUALLY* result in you getting *POORER* and *LESS* served, and them getting *RICHER* and living *WELL* served. They back all this up with "law" *ENFORCEMENT* "agencies" at gunpoint and with threat of confiscation of everything you have, ruination of your familes, and indefinite imprisonment.
      Just think about that for a while until it sinks in and you start to see how things really work in your so called "democracy".
      You would be *FAR* better off investing your resources in forms of government whose mission is to truly reduce and even eliminate the unnecessary machine itself, such as Libertarianism and Anarchism.
      You do NOT need government.
      You do NOT need force.
      You need only yourself and whatever voluntary associations you make.

  12. Car Lobbies at Work by BrendaEM · · Score: 1

    Wow! Lobbying really works, doesn't it.

    --
    https://www.youtube.com/c/BrendaEM
  13. On natural rights and laws by grasshoppa · · Score: 2

    It's worth noting here that all laws are, by their very definition, "evil". If such a term truly exists, then surely it applies to the deprivation of natural rights by a foreign body.

    Now, in some cases the alternative is worse than the law; it's a necessary evil. We can all agree that a law prohibiting the taking of a human life for sport to be a better evil than the alternative. However, it doesn't diminish the threat laws impose upon the governed.

    I wish more people understood this. At the very least, I wish our law makers understood this rather basic concept. If they did, we might never have to deal with idiotic laws like the one proposed.

    Dear Assemblywoman Pamela R. Lampitt, I propose a new law; No legislating while drunk, which you so clearly are if you think this is a good use of the public's energy.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
    1. Re:On natural rights and laws by Anonymous Coward · · Score: 0

      You assume that lawmakers would object to the creation of a law if only they understood that it is an evil law.
      What you forget, is that if the lawmakers themselves can be of evil alignment.
      They may understand full well that it is evil, and still be down with it.
      It's not incompetence, it's malice.

    2. Re:On natural rights and laws by axewolf · · Score: 1

      Why do you assume that lawmakers do not already know this?
      Why do you assume that it is not part of their purpose to make evil?

    3. Re:On natural rights and laws by Anonymous Coward · · Score: 0

      It's worth noting here that all laws are, by their very definition, "evil" [...] a law prohibiting the taking of a human life for sport to be [...] evil

      You're not going to convince many people of the evilness of laws with that example.

    4. Re:On natural rights and laws by Solandri · · Score: 1

      In a normal mostly hands-off (liberterian) state, that's true.

      A lot of things change once you mandate publicly funded health care. Now when the idiot is hit by a car at the intersection because he was texting instead of watching for traffic, his medical costs are borne by society instead of by only himself. Society has an interest in reducing overall medical costs. Thus it has a justification to pass laws prohibiting risky behaviors like texting while walking.

      (In case you're wondering, I don't consider myself to be for or against private or public health care. I just see them as different ways of doing things. But I have noticed that those for public health care often don't consider the full ramifications of their stance. And FWIW, this isn't a slam against Obamacare. We already had pretty much the same thing for as long as I've been alive. Most states had laws requiring hospital emergency rooms treat patients regardless of ability to pay. So their medical costs were already borne by the public (other patients at the hospital), and could be used to justify laws requiring things like seat belt and motorcycle helmet use)

    5. Re:On natural rights and laws by fnj · · Score: 1

      Why do you assume that lawmakers do not already know this?
      Why do you assume that it is not part of their purpose to make evil?

      Hanlon's razor: "never attribute to malice that which is adequately explained by stupidity". It is instructive to add ", obstinacy, and arrogance" to the end.

      If we are confronted by evil (malice), then we are morally justified in wiping out that evil without a moment's hesitation or remorse. If we believe what is far more likely - that we are confronted by smug, stupid, self-satisfied fucking assholes who are truly convinced that they have our best interests at heart, and our own intellect and self-responsibility are puny - then, unfortunately, common decency dictates a more circumspect response.

      The Nazis made it morally easy to hate them, find no redeeming qualities, and wipe them out. The fascist corporate statists who hold the reigns of power practically everywhere do not make it morally easy. They really believe that they need to tame the bad instincts and behavior of the people comprehensively, in a million details, for the people's own good.

    6. Re:On natural rights and laws by fnj · · Score: 1

      Thus [society] has a justification to pass laws prohibiting risky behaviors like texting while walking.

      Does society also have a justification to knock everybody out with drugs, feed them intravenously, and hold them all under restraint 24x7? Because that is the full expression if we follow that bizarre line of thought to its logical conclusion.

    7. Re:On natural rights and laws by Anonymous Coward · · Score: 0

      ... the threat laws impose upon the governed.

      All laws limit freedom but you've, rightly, already excused that. Laws tell the obedient what to do and the disobedient how they'll be punished. Add an enforcement blitz so people think the chance of being punished is high and their behaviour will change. Depending on the law, it may not change for the better. The only threats are 1) people will disagree with the law (eg. US prohibition (or ethanol criminalization), cannabis criminalization, prostitution); or, 2) the law will be abused (eg. mass surveillance, civil forfeiture, privatized US 'police' stops).

    8. Re:On natural rights and laws by Anonymous Coward · · Score: 0

      If somebody is hit crossing the road they get medical care regardless. Society covers the costs with or without public health. The difference is that public health is the cheaper option. You would pay less taxes under a single-payer system.

    9. Re:On natural rights and laws by serviscope_minor · · Score: 1

      It's worth noting here that all laws are, by their very definition, "evil".

      No, that's not the definition of laws. The only way it's a definition is if you personally define it as such. At that point you're just stating "I believe laws are evil therefore laws are evil". If you believe all laws are evil merely by being laws, then that's your very silly perogative.

      We can all agree that a law prohibiting the taking of a human life for sport to be a better evil than the alternative.

      No we can't all agree that, mostly because most people won't agree that laws against murder are evil.

      --
      SJW n. One who posts facts.
    10. Re:On natural rights and laws by Anonymous Coward · · Score: 0

      If everybody is knocked out with drugs and restrained for life, then nobody will do anything by definition and the world around us will collapse by nature. That is the full expression if we follow that bizarre line of thought to its logical conclusion. Do you honestly believe this is outcome that will happen for the justification of minimizing risky behavior that we're going to pay for?

  14. Fascism: by Gravis+Zero · · Score: 2

    dictating your lives since you had lives to dictate.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Fascism: by Anonymous Coward · · Score: 0

      We're slowly becoming a giant retirement community. Lights out after 10pm, folks.

  15. Nice money maker by fustakrakich · · Score: 1

    But it is more logical to apply Darwin's "law", and not fine drivers for knocking them down. The problem will solve itself. If the phone's camera can be turned on while texting, the person might see what is about to hit them. And the front camera can snap the reaction on their face at the last instant. Worth more than a thousand words...

    --
    “He’s not deformed, he’s just drunk!”
  16. Fucking liberal nanny state bullshit is dooming us by Anonymous Coward · · Score: 0

    The fact that that a bill like this could even be brought up tells you everything you need to know about why this country is going to shit. I've always considered myself to be left leaning but this liberal nanny state bullshit is changing that.

  17. Pre-screening by Anonymous Coward · · Score: 0

    Given the recent advances in gene therapy, coupled with screening babies before they're born for disease or abnormality, are we any closer to screening embryos for Classic Fuckwit Syndrome? State-sanctioned abortion under such conditions will save us a metric fuckton of grief further down the road.

  18. Fuck A Lawmaker by zenlessyank · · Score: 1

    We have enough laws. Get bent. Keep posting shit like this and my karma is going to go back to Terrible.

  19. Re:I think... by afgam28 · · Score: 2

    +1. It's virtually impossible for a "distracted" pedestrian to injure a driver, but very easy for a driver to kill a pedestrian. Responsibility should fall on those who are creating the most risk for others.

  20. No by ArchieBunker · · Score: 1

    Too many stupid people were hit by cars and ruined it, causing government to step in.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  21. Re:Fucking liberal nanny state bullshit is dooming by ArchieBunker · · Score: 0

    This picture sums that sentiment up nicely http://libertyupward.com/wp-co...

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  22. New Jersey's lunatic Democrats by mi · · Score: 4, Insightful

    Assemblywoman Pamela R. Lampitt (D., Camden)

    An earlier proposal — from Ms. Lampitt's fellow female Democrat from Essex — would've made it mandatory for bicycles to be registered in the State.

    Kinda reflects badly on the national Party trying to portray itself as the defender of personal freedoms and individual rights.

    --
    In Soviet Washington the swamp drains you.
  23. Nah! Run over a pedestrian and so long as by Anonymous Coward · · Score: 0

    you aren't intoxicated you are not charged. At least that's how it works in Texas. Looking to get some more notches myself. Carrying an iPhone is good for bonus points.

  24. Re:I think... by Anonymous Coward · · Score: 1

    Pedestrian steps out between two parked vans or trucks, not at a crosswalk, without looking, when you are two feet away, driving the speed limit and there is no room to swerve.

    There are still going to be times where it doesn't matter how aware you are, things are still going to jump out in front of you from unseen locations.

  25. Re:I think... by Hadlock · · Score: 1

    But, we already have laws against Jay walking? How does this law fix jaywalkers?

    --
    moox. for a new generation.
  26. lol. Hilariously true by raymorris · · Score: 1

    That's great.

  27. Why stop there... "Distracted Eating" by Anonymous Coward · · Score: 0

    People who are using a cellphone while eating are more likely to consume more calories than appropriate. If we have a sugary drinks tax, we surely should have a law against distracted eating.

  28. Hit and Walk Pedestrian! by meerling · · Score: 1

    Last time I checked, the danger level of a distracted pedestrian that isn't inside a museum without those velvet ropes was a damage threat of no actual injure and monetary costs not to exceed one latte. It's not like they kill other people, or plow through storefronts, or destroy vehicles worth thousands of dollars and up.
    I guess Lampitt is planning her next bill to be the Drunken Walker Bill where if you have an blood alcohol concentration exceeding 0.08 you get a an expensive ticket for drunk walking. Then of course, they'll have to start licensing people to walk, and they'll have to get insurance for it as well or they won't be legally allowed to walk, etc.

    1. Re:Hit and Walk Pedestrian! by Aighearach · · Score: 1

      Most States already have that law, but they call it "drunken in public" rather than "drunk walking." But note that drunk drivers are not also changed with public drunkenness; it is exclusively for drunk walkers. Well, and people passed out after having walked some distance.

    2. Re:Hit and Walk Pedestrian! by Anonymous Coward · · Score: 0

      "License and registration please?" ... *But I'm just sitting down outside*
      "I need backup!" '10-4'

  29. Crossing streets, yes; walking on sidewalks, no! by BitterOak · · Score: 1

    This proposed law gets it half right. I'd have no problem with a law that prohibited using electronic devices while crossing streets. But there is no reason to prohibit such activity while walking on public sidewalks. Yes, you might run the risk of bumping into somebody, and if you walk so carelessly as to do that, you might reasonably be charged with creating a public nuisance, but that sort of careless walking doesn't pose nearly the same danger as crossing roads while distracted, and it is absurd to put them in the same category. Extending jaywalking laws to cover walking on the sidewalk goes way too far in restricting people's freedoms. Remember, texting or talking on a cellphone is a means of communication, and communication is an essential component of the First Amendment. Therefore, restrictions on communication should be imposed only when necessary and then such restrictions should be narrowly tailored to accomplish those objectives.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  30. We already have laws like that here by Anonymous Coward · · Score: 1

    I live (near) Salt Lake City, and at least in SLC proper, you can already get fined for using a cell phone while walking.

  31. Re:I think... by chihowa · · Score: 2

    Because jaywalking laws aren't enforced, so we totally need another law. /s

    It's like all of the "State Law: Keep right except to pass" signs on the highway here that work soooo well. Nobody keeps right except to pass because it's not enforced, so a new law was passed that mandated these signs being placed on the highway (instead of mandating that the actual law be enforced). Obviously, nobody's driving habits changed.

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  32. Re:I think... by Anonymous Coward · · Score: 0

    I swerve to avoid killing a distracted pedestrian who wandered into the road, and ride into a lamppost, or straight into a truck. Whereas I agree it is impossible to physically injure a driver, it is easy be the cause of damage.

  33. Re:I think... by R3d+M3rcury · · Score: 1

    Unfortunately, physics tends to disagree.

    Suppose I'm driving a train and a motorist decides that those gates don't apply to them. It's not like the train stops on a dime. Does this mean that I'm at fault? Does this mean that we should lower all train speeds to a tenth of a mile per hour so that they could reasonably stop in the event that a pedestrian enters their path?

  34. Re:Nah! Run over a pedestrian and so long as by Anonymous Coward · · Score: 0

    No, it's not. And no, you aren't.

    Do you even live in Texas, Mr Internet Tough Guy?

  35. Could it be also a fine for smoking by Max_W · · Score: 1

    while walking, please? Sometimes it is hard to walk and breath behind a smoker.

  36. Got more government by Anonymous Coward · · Score: 0

    You statists want more government, well here it is.

    1. Re: Got more government by cyber-vandal · · Score: 1

      No, we want better government not just throwing the baby out with bathwater thinking that will fix everything.

  37. Re: I think... by Anonymous Coward · · Score: 0

    There is a reasonable difference between shared spaces, like urban streets, and spaces reserved for a particular mode only. Freeways and separated railroads explicitly exclude other modes, and so greater speeds are acceptable.

    You are right that a car needs to move pretty slowly to completely avoid injuries in a pedestrian collision, but driving at or below 20mph can often turn a fatality into some recoverable injuries. Regardless of what the law says, I think it is responsible to slow to 20mph in situations where I am driving close to pedestrians in an urban setting.

  38. Natural selection at it's finest by Anonymous Coward · · Score: 0

    I think we need to stop creating laws to stop dumb people from killing themselves. Natural selection is an integral part of all species, yet we still keep trying to stop it from happening to humans. In the meantime, dumb people are reproducing like rabbits and the world is not becoming a better place from it.

  39. Good! by PPH · · Score: 1

    First phones. Next, chewing gum.

    --
    Have gnu, will travel.
  40. How About We RTA? by Anonymous Coward · · Score: 0

    "If it builds awareness, that's OK," the lawmaker said. Similar bills have failed recently in New York state, Nevada, and Arkansas.

    She doesn't really care if it passes or not. She's trying to figure out how to reduce the increasing amount of distraction related injuries. The article has some stats on those. They've already tried a basic ad campaign.

    Sure the law can be abused, but for once that's not its primary goal. Though I agree the law is absurd in saying what people are allowed to do on a side walk. It sounds like this will affect runners who use their cell phone to play music. And I don't trust the police to make a distinction between someone standing still and using an electronic device and someone walking with one. Moved your feet the tiniest bit while standing? That's walking then, $50 please.

    1. Re:How About We RTA? by Culture20 · · Score: 1

      "'If it builds awareness, that's OK,' the lawmaker said. Similar bills have failed recently in New York state, Nevada, and Arkansas."
      She's using the wrong tool to build awareness. She has more than hammers, but still insists everything is a nail.

  41. Re:I think... by Hognoxious · · Score: 1

    Pedestrians need to be aware of other pedestrians.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  42. Walking on wrong side of road? by Anonymous Coward · · Score: 0

    Huh? Why is this even law-worthy?

  43. Re:I think... by thegarbz · · Score: 0

    driving the speed limit and there is no room to swerve.

    You were driving the speed limit, not driving to conditions like you were supposed to. The conditions of a tight area with blind spots and no room too manoeuvre made the speed you were going reckless.

    Sincerely
    The Judge.

  44. What next? by Anonymous Coward · · Score: 0

    Reading MAD Magazine in public a crime?

  45. Phone distracted... by Anonymous Coward · · Score: 0

    Does that also take into account every time a government official walks and used their device that will also get fined.. I doubt it.

    Its a lode of crap

    -

  46. Pamela R. Lampitt is a complete idiot. by Anonymous Coward · · Score: 0

    Pamela R. Lampitt is a fool.
    Pamela R. Lampitt is stupid.
    Pamela R. Lampitt is a petty tyrant.
    Pamela R. Lampitt sucks.
    Pamela R. Lampitt is not known for impeccable personal hygiene.

  47. Phone booths... by Anonymous Coward · · Score: 0

    We should bring these back. People can talk privately without annoying the rest of us with their half-conversations. There was a time when such a thing would have been considered very rude. Maybe a phone booth would be a good option, whether you use the existing phone or your cell.

  48. Re:I think... by KGIII · · Score: 1

    Laws don't, by themselves, "fix" much of anything. Even though there are laws against it, people still murder.

    --
    "So long and thanks for all the fish."
  49. Fine The Idiot Who Made This Bill by Anonymous Coward · · Score: 0

    It was only a matter of time, chewing gum, walking while talking, texting while walking..."it's not a police state"

    They should have to repay the money they wasted on this bill.

    1. Re:Fine The Idiot Who Made This Bill by Anonymous Coward · · Score: 0

      It's only a matter of time it's illegal to not be in a full body protection suit including helmets and knee/elbow pads in any situation.

  50. Just wondering... by Nicopa · · Score: 1

    Without knowing any details... would this have anything to do with the fact that private prison companies pouer a lot of money into politicians? Because it make sense to make ridiculous tough laws if you get money from for-profit prisons...

    1. Re:Just wondering... by wardrich86 · · Score: 1

      I can't see any other valid reason for tossing somebody in jail for over 2 fucking weeks just for firing off a text message while walking. I don't even think drivers get hit that hard for using phones behind the wheel, do they?

  51. Another dumb idea from politicians by Anonymous Coward · · Score: 0

    #1- Hands-free does not equal distraction free.

    #2- Plenty of other things can cause distractions for example:
          * the hot girl (or guy) walking on the other side of the street
          * the guy or girl that dresses "like a weirdo" (i.e., different to you)
          * the food you are trying to eat on the run
          * the song playing on your earbuds
          * the accident that just happened near you
          * the guy or girl that looks like some movie or music star
          * signalling for a cab
          * etc.

  52. Re:Crossing streets, yes; walking on sidewalks, no by Livius · · Score: 1

    I like this. The pedestrian crossing the road is sharing the public highway with motorized vehicles; the pedestrian on the side walk is not.

  53. How about a fine... by Anonymous Coward · · Score: 0

    For legislating while money distracted?

  54. Re:Fucking liberal nanny state bullshit is dooming by david_thornley · · Score: 1

    There's absolutely nothing modern about individual legislators introducing stupid, often unConstitutional, bills. Or, for that matter, getting them passed. This doesn't depend on party, although Republican idiots and Democrat idiots do tend to introduce different bills.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  55. whoa whoa whoa... by wardrich86 · · Score: 1

    Jail time!? For walking while on the phone!? While I believe that squishy-yet-breakable pedestrians should be held responsible for accidents, I don't think jail time should be given just for walking and talking on the phone... that's just fucking insanity! You're handing the cops extra reasons to be overly aggressive and find ways to toss people in a jail. What an amazing time to NOT be American.

    Next up we should arrest animals that run across the road! Minimum 30 day sentence for those furry fuckers.