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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.

20 of 194 comments (clear)

  1. 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 HiThere · · Score: 2

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

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      I think we've pushed this "anyone can grow up to be president" thing too far.
  2. 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 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.

    2. 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.
    3. 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.

  3. 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.

  4. 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 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.
    2. 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?

    3. 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.

  5. 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.

  6. 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.

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

    dictating your lives since you had lives to dictate.

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    Anons need not reply. Questions end with a question mark.
  8. 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.

  9. 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.

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    In Soviet Washington the swamp drains you.
  10. 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.
  11. 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.