Jaywalkers and reckless drivers... who deserves more blame?

I currently live in a city in which jaywalking is very prevalent. Often times, said jaywalkers are walking at night and are difficult to notice, they dart out too quickly to react to or they seem to have a general lack of awareness regarding their environment.

In any case, many jaywalking accidents (vehicle hitting pedestrian) usually involve people that are speeding or not paying attention.

On one hand, it can be said that the person speeding or driving while distracted or inebriated deserves the most blame. They are breaking the law whilst knowing the risk of jaywalkers whilst they are driving in the city and their rate of speed may not allow for enough reaction time. Just as well, said pedestrians that are hit and injured would most likely sustain the least injury if said driver is not speeding or was paying proper attention to the road.

When you speed, text, or otherwise impair your driving, you are practically a danger to everyone, regardless of your perceived driving skills. Just as well, it is also a rule of thumb that when driving, you should probably pay attention.

On the other hand, jaywalking is also a crime. There is a certain risk that you must accept while performing the reckless act of walking across a street while there are crosswalks just a few meters away. It is also a rule of common sense that one must look both ways before crossing the street. In other words, you are willingly endangering yourself and subjecting yourself to the whim and will of the road. A driver can only be responsible for their actions and sometimes, even the most cautious driver's driving skill isn't enough to prevent a deadly encounter with a steel or plastic grille.

Both arguments are most likely incomplete but I believe that they are a decent summary.

So, OP, who do you think shares the most blame for vehicle on jaywalker accidents? The reckless driver or the reckless jaywalker?

Vote and/or comment below.

The Jaywalker 42
Your Mother 13
Comment 6
Both share equal blame 32
The Driver 19
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Comments ( 35 )
  • Justsomejerk

    I jaywalk. I feel safer judging where there is ample gap in traffic than relying on some idiot to stop at a red light.

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    • Well so do I. I grew up in an area without crosswalks, so looking and running is second nature to me.

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  • I firmly believe that we punish more for intent rather than the action taken and the reckless driver never had murder in his heart therefore he shouldn't be punished as a murderer.

    Human life is a sacred flame that can never be regained but to lament that loss by snuffing out another is equally senseless.

    Both are guilty, and the jaywalker already paid his debt.

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  • howaminotmyself

    Instead of placing blame, maybe we should make walking a priority and safer in general. I blame poor city planning. But the highway lobby in the US would rather see people in cars rather than on their feet. It isn't safe to walk, or even possible in some areas. It's pathetic and encourages laziness. Occasionally pedestrians just pop out of nowhere, but usually that isn't when the pedestrian is injured.

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  • Imposturously_yours

    I hate jaywalkers, really -they jump on the road whever they fucking feel like. But then, I've crossed a road like an asshole myself a few times.. so I'd say -both the drivers and the jaywalkers should be careful.

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  • NoraBaker

    I think jaywalking being a crime is a little too much. Few countries have that and take it so seriously. The laws have surely been made by drivers, not pedestrians, and the practicality/reality of it may require you to do stupid things just to cross the street. Well, who doesn't have a car anyways, right?

    In certain countries, all you have to do is start crossing the street and the vehicle will (actually) immediately slow down for you. You feel like you're performing a magic trick, really. In others, you feel like you're trying to get in the double Dutch jump rope and you don't want to get tangled up and ruin the game and the fun for the other kids, so you are very cautious, yet alert. When you feel the chance is coming, you just "Go, go, go!"

    As far as whose fault it is in general, dappled summed up very nicely what I think. ;)

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    • Here, I have seen cars slow down mid-street for someone moseying down the road. However, some of these pedestrians owe their lives to my brake maintenance. They dart out of nowhere.

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  • dappled

    I've realised that I don't have the first clue what jaywalking is. I thought it was to do with prostitution.

    But between a driver and a pedestrian, the one to blame is the one that was reckless. Although it should never be left unsaid that a driver is piloting a weapon of mass destruction.

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    • Well that made my morning. I'd say many of the jaywalkers around here are also prostitutes so you weren't too far off.

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      • dappled

        I think it's because of some misconception I had as a child (like the one about water polo being horses in a swimming pool... that's the image that still always comes to mind and I have to think really hard to work out what water polo actually is). I still don't really get what jaywalking is but in my mind it's walking alongside a slow-moving car, touting for business.

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        • shade_ilmaendu

          OMG! I always thought the same thing about water polo. XD

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          • dappled

            Finally! All my life people have thought I was making a joke about this. I used to think they had special pools for it, where there wasn't a deep end. You're the first person I've (n)ever met who thinks it too.

            Huge high five to you (the kind of high five that needs a run up and we jump in the air at the moment of contact).

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            • shade_ilmaendu

              I'd honestly completely forgotten about that until you said something, just hadn't thought of it in so long. I remember wondering what they made the pool out of so it was comfortable for the horses. XD

              *jump five!*

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  • dom180

    Well obviously it depends on the situation. Such an accident might involve a driver speeding at 20 mph over the limit around a corner whilst texting and hitting a pedestrian who had only just stepped gingerly into the road. Or it could involve a careful driver cruising at well within the limit and a crazy pedestrian running headlong through traffic. It's entirely dependent on the scenario.

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  • asuran

    i think if i have working legs then i should use them. we had legs before we had the wheel.

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  • MissyLeyneous

    The Jaywalker. Even if the person driving is paying attention, you don't expect a person to just POP out of NOWHERE. The jaywalker needs to wait for the street to clear before walking, too, and he needs to RUN not walk.

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  • wigsplitz

    Look up the law, dingus. Contributory negligence, for one thing....and if you're doing an illegal act, you have no recourse generally.

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    • The legality here is not the question. I'm asking for opinion. Naturally, if a driver is comitting a crime, they would be at fault almost automatically. As far as the court is concerned, anyway.

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      • wigsplitz

        Where do you think the law came from??? Hello?

        Cars and jaywalking existed before the law did, so therefore the law came later on to make some sort of fairness out of the whole deal. That's how most laws come about....there becomes a need. We can't forsee every crime or misdeed before it happens or before the thing is even invented.

        Another term for this may be COMMON SENSE.

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        • You're right, but I am not asking for an exclusively legal opinion. Once again, I know the law regarding it, however, I was asking for an opinion regarding said situation.

          Legally, the driver would be at fault if they were found to be breaking the law. I believe that we have established this. That doesn't stop people from having opinions regarding the matter and your statements don't stop me from wanting to hear them.

          People have opinions regarding many situations in this country, many opinions may contradict or contrast with said laws of this country. I don't think that the almighty godliness of law should prevent said discussion of those opinions. While I agree with the law, in this manner, I am interested in what people have to say on the level of personal opinion.

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          • wigsplitz

            .Like I said, the LAW came from necessity. So, one would surmise that the law took care of the 'dilemma' you have concocted. It's not that hard to figure out.

            Jaywalking is illegal because it poses a danger to motorists and pedestrians, and therefore it had to be made illegal in order to protect BOTH parties involved. Each is responsible (or in case of motorist, less or no responsibility)... How hard is that to grasp?

            Jaywalking wasn't illegal until it needed to be so. There's your answer.

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            • I did not concoct any sort of situation. This happens in real life. I am only looking for opinions regarding the topic, how hard is THAT to grasp?

              I appreciate your legal advice, but I know that jaywalking is illegal. In fact, I believe I stated it in the poll. The answer that you have given me doesn't in any way answer my original question. On one hand, you tell me that the driver is legally at fault, a short legal history lesson and now you are giving me legal advice regarding jaywalking.

              Thanks anyway.

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  • Crosswalks don't protect people from reckless drivers. Pedestrians beware.

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    • Good point.

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  • Your Grandmother.

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    • You're absolutely correct.
      Seriously, that was fast, I just posted this maybe 240 seconds ago.

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      • I try to say on top of things about your grandmother. Pun intended.

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        • Ahahaha, that's gross.

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          • I like her, she wear a bra labeled 42 long.

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  • head.gamemaker.crane

    Just run that motherfucker over!

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