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Old 20th February 2020, 14:51   #1
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Default Court acquits driver in fatal accident involving jaywalker

According to a media report, a Mumbai court has acquitted a woman motorist who was charged with the death of a pedestrian. It is said that the pedestrian tried to cross the road when the traffic signal was green for vehicular traffic.

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The report suggests that the legal definition of jaywalking is a pedestrian who impedes traffic or crosses the road when there is a "DON'T WALK" or upraised hand symbol. Although jaywalking is not mentioned in the Indian Penal Code, in some cities, jaywalkers could be booked under the charges of “obstruction of traffic”. In Mumbai, it is said that the traffic police could fine jaywalkers Rs. 200.

According to a report by Society of Automobile Engineers (SAE) International, pedestrian deaths in India rose nearly 84% from 2014 to 2018. In Gujarat, it is said that 3 pedestrians die daily due to jaywalking. Pedestrians could also be forced to jaywalk due to encroachments on footpaths or zebra-crossings.

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In the UK, jaywalking is not a crime, but in countries like Australia and UAE, jaywalkers could be fined. In the US and Singapore, jaywalkers could be fined and it could also attract a jail term for repeat offences.

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Old 20th February 2020, 15:05   #2
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Default Re: Court acquits driver in fatal accident involving jaywalker

Even parking the legality argument aside for a moment (laws vary by jurisdiction), it should be rather obvious to all of us that with increased traffic on our roads, not just vehicular but all kinds, the entire ecosystem - and in the Indian scenario, that includes infrastructure-induced chaos - should move people towards being more careful of their surroundings.

Out on the road, reality appears quite the opposite everyday.

Last edited by Chetan_Rao : 20th February 2020 at 15:06.
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Old 20th February 2020, 15:11   #3
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Default Re: Court acquits driver in fatal accident involving jaywalker

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Originally Posted by ChiragM View Post
According to a report by Society of Automobile Engineers (SAE) International, pedestrian deaths in India rose nearly 84% from 2014 to 2018. In Gujarat, it is said that 3 pedestrians die daily due to jaywalking. Pedestrians could also be forced to jaywalk due to encroachments on footpaths or zebra-crossings.
The timeline perfectly correlates with penetration of Smartphones and cheap internet. Coincidence??

I dont think so. I believe there is causation to this!
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Old 20th February 2020, 16:53   #4
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Default Re: Court acquits driver in fatal accident involving jaywalker

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Originally Posted by Chetan_Rao View Post
Even parking the legality argument aside for a moment (laws vary by jurisdiction), it should be rather obvious to all of us that with increased traffic on our roads, not just vehicular but all kinds, the entire ecosystem - and in the Indian scenario, that includes infrastructure-induced chaos - should move people towards being more careful of their surroundings.

Out on the road, reality appears quite the opposite everyday.
Spot on!

Just 10-15 years back pedestrians would react conservatively to an approaching vehicle 100 meters away. Now, they are totally nonchalant. This is primarily because of two reasons -

1. The density of traffic has increased in leaps. This means, more wait time (sometimes absurdly long) for pedestrians at intersections, especially unmanned ones. More density also means slower traffic which induces a sense of lower risk in the minds of the pedestrians.

2. Fast urban life. Gone are the days of relaxed schedules and laid back approaches. Corporate culture demands a rat-race. Thus, the ensuing impatience and disregard for safety.

Add to it the impossibility of managing this chaos on such a large scale and our daily mundane office commute becomes an unnerving experience.

That said, I believe in right of way for pedestrians. Not that I always follow what I believe in, but I'm mostly very cautious and defensive around intersections and pedestrians.

While all is mostly manageable in city speeds, it really gets dangerous on the highways. One single scare would have me concentrating more on the medians expecting someone or something to jump right on the road for hours, effectively making me less aware of the actual road ahead.

Last edited by Chetan_Rao : 20th February 2020 at 17:22. Reason: Adjusted line spacing for better readability on smaller screens.
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Old 20th February 2020, 20:33   #5
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Default Re: Court acquits driver in fatal accident involving jaywalker

Quote:
Originally Posted by ChiragM View Post
According to a media report, a Mumbai court has acquitted a woman motorist who was charged with the death of a pedestrian. It is said that the pedestrian tried to cross the road when the traffic signal was green for vehicular traffic.
Not to go , but was the acquittal due to a Woman driver being involved? Data shows women are far likely to acquitted. Bringing this point up as this may not apply to everyone, and hence cannot be taken as a legal precedence.

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Originally Posted by 2000rpm View Post
The timeline perfectly correlates with penetration of Smartphones and cheap internet. Coincidence??

I don’t think so. I believe there is causation to this!
I think this is super true. On my way to work at a super busy junction (Eco World, Eco Space), I see a jaywalker engrossed on phone and not even lifting the head, it’s like the person is not in this world! Was super annoyed as I braked just in time and moved on…

Last edited by vb-san : 21st February 2020 at 07:32. Reason: Mod Note : Please avoid typing with excessive dots... like... this. And fixed punctuation.
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Old 21st February 2020, 00:30   #6
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Default Re: Court acquits driver in fatal accident involving jaywalker

I'm sure 90% of the people here bashing jaywalkers don't follow pedestrian signals themselves. Why lie, I don't either. Only cause when it's green for me to cross, the zebra crossing is always covered with cars, and half of the time, bikers are in a hurry to clear through, posing a great threat to the pedestrians even when their road crossing signal is green.

That being said, I've also been in the opposite scenario where I've been driving through on a green light, only to be cut off by a Jaywalker and ended up hurling abuses at him. How hypocrite of me, but aren't we all?

Moral of the story: India won't change. And even if a single one of us tries to follow the rules, we'll be looked upon as a black sheep trying to be an over-smart arse on the road. Strict fines and rigorous rules testing while getting a license itself is the only way to go.

On the flip side, we can always try these anti Jaywalking sprinklers that are used in China, probably should start it as a pilot project on high congestion intersections. They turn off only when the peds signal is green else are always turned on when red. Cause no one likes wet pants when going to work




Last edited by Starfire : 21st February 2020 at 00:38.
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Old 21st February 2020, 08:11   #7
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Default Re: Court acquits driver in fatal accident involving jaywalker

Oh well, sometimes you get one in favor of the jay walker and sometimes in favor of the driver/rider.

A close friend was booked under 304A despite us presenting enough evidence to support that the old man who died was not only jaywalking but virtually squatting in the middle of the road.

Oh well, enjoy the ride and get those car cameras in place.
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Old 21st February 2020, 14:34   #8
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Default Re: Court acquits driver in fatal accident involving jaywalker

My previous work place was approx 2kms away from my house, I had the bright idea of Ubering it in and then walking back in the evening.

The 2 days I did this was absolute hell and this in a city with relatively far better infra than most (Chennai) and in the heart of the city even. ABSOLUTELY NO FOOTPATHS, there was a patch of about 1km on the main road which had been laid as some city beautification process and this was covered with holes, ripped tiles, bikes parked all over and during evening peak, bikes would ride on the already limited space on pavements.

Garbage dumps on side streets that forced you to either walk next to it, in all its stinky glory OR go literally into the middle of the road for a brief moment to clear it. Vehicles coming in all directions and absolute worst of all, selfish and callous drivers.

Yes that is right - How many of us in this very forum stop when they see pedestrians about to cross? Be honest. Stupid drivers in India have this retarded habit of stepping on the accelerator (or twisting it if you are riding) when they leave their gate and then not ever stopping till destination is reached. In my adventure, I had 2 roads to cross, and despite being a fit, agile person, I struggled and would put limb (speeds were too low to put life at risk...or so I hoped), wade into traffic with my hand held high.

And no, there was not a single pedestrian only signal, zebra crossings are just decorations to break the monotony of the black tarmac and it was pure survival of the fittest mode.

Point is, our roads are so horrible for pedestrians that I pity those who have no choice but to walk. I am not absolving blame for careless idiots, or even those who insist on walking on the road when perfectly good pavements are available but we need to consider the sorry state of our infra before we make sweeping judgement.

And yes, I ALWAYS stop for pedestrians - sometimes this leads to funny happenings because these poor souls refuse to believe someone actually would stop, and still don't cross, so I then step on the horn, get their attention and frantically wave them across.

NOTE FROM SUPPORT - No profanity, directly or indirectly, next repeat would attract an infraction to your account.

Last edited by Sheel : 26th February 2020 at 16:52. Reason: Mod note attached.
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Old 21st February 2020, 19:25   #9
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Default Re: Court acquits driver in fatal accident involving jaywalker

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And yes, I ALWAYS stop for pedestrians - sometimes this leads to funny happenings because these poor souls refuse to believe someone actually would stop, and still don't cross, so I then step on the horn, get their attention and frantically wave them across.
That is a great thing to do and is common courtesy in most parts of the world. Having driven abroad for 20 years, I do the same. However, it can be dangerous in India in some situations. If it is a parking lot or some street with little traffic, then it is usually safe to do so. If it is a busy road with multiple lanes then it gets difficult and dangerous. If you stop, the pedestrian gets confused as it is different from their normal routine. Now as they try to cross in front of your car, cars coming in other lanes behind you wonít see the pedestrian and can end up hitting them. In India most people have zero traffic sense and wonít slow down if one car ahead of them stops or slows. They go next to you at full speed. Hence, with great reluctance and a cringe on my face, I have to sometimes ignore pedestrians waiting to cross as that is the normal thing in India. It is wrong but that is what everyone is used to. It becomes even more difficult when you have to ignore a person at a zebra crossing.
Having said this, most pedestrians in India behave irresponsibly. Often they have a light, overpass or underpass available at a reasonable distance but they choose to dash across the road anyway.
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Old 26th February 2020, 16:35   #10
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Default Re: Court acquits driver in fatal accident involving jaywalker

I found an interesting video on the history of "Jaywalking".

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Old 5th March 2020, 14:53   #11
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Default Re: Court acquits driver in fatal accident involving jaywalker

This highlights the importance of accessories like dashcams while driving. Not only would it help get you out of unnecessary punishment but it also gives a sense of responsibility while driving since people tend to be more reckless when they feel they could be punished for other people's errors.
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Old 13th March 2020, 11:14   #12
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Default Re: Court acquits driver in fatal accident involving jaywalker

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This highlights the importance of accessories like dashcams while driving.
You are right. I hope it is acceptable as an evidence in a court of law.

Our rules are always in support of the smaller vehicle, with the larger vehicle getting a rash and negligent driving case logged in the FIR.
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Old 14th June 2020, 12:07   #13
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Default Re: Court acquits driver in fatal accident involving jaywalker

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The Marine Drive police have booked a jaywalker for negligence and causing accident of three cars on the south-bound lane of Netaji Subhash Chandra Road on Saturday morning. The occupants of two cars sustained injuries but the accused wasnít arrested as she has been booked under sections of the Indian penal code that attract punishment of up to three years. No arrests are being made for offences punishable by up to seven years in jail due to the Covid-19 pandemic.

She allegedly crossed the road without paying attention to the traffic, causing three cars to crash into each other. A police official said Kamat was holding both dogs in her arms and also didnít use the zebra crossing.

Senior police inspector Mrituanjay Hiremath said Kamat has been booked under sections 289 (negligent conduct), 336 (endangering life or personal safety of others) and 337 (causing hurt by act endangering life or personal safety of others) of the Indian Penal Code.
https://mumbaimirror.indiatimes.com/...w/76364491.cms

Good to see action being taken on the spot in such situations. Hopefully justice prevails as the case goes on.
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Old 14th June 2020, 13:06   #14
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Default Re: Court acquits driver in fatal accident involving jaywalker

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I found an interesting video on the history of "Jaywalking".
Thanks for sharing. An eye opener but in a wonderful hilarious way.
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Old 14th June 2020, 16:05   #15
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Default Re: Court acquits driver in fatal accident involving jaywalker

It's time to quote one of my dad's best driving lessons again.

He asked me, "When does a pedestrian have right of way?"

There are a number of instances where the UK Highway Code stipulates that drivers must stop and wait for pedestrians. I did my best to remember and quote as many as I could. He was unimpressed.

When he felt he had made me suffer long enough, his answer: "Always. You are not allowed to run over them."
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