[SDCBC] SD Bike shop owner Mike Simmons hit by car

[James Hsieh]

Your list postmaster just has to make a comment on this....

 From (unfortunate) personal experience, this most likely results
in, at most, a ticket for running the red light.  No criminal
prosecution because it's "Accident not amounting to criminal
negligence."  What amount does, well, no one knows.  Probably
whether the police or DA think they can prosecute and get a
conviction (like, witness testifies person deviated from path
to hit someone).

Civil recourse is also probably extremely limited.  I feel badly
for Mr. Simmons.  19 year olds probably have no assets and only
the minimum State mandated auto insurance for liability.

As a pedestrian, I just have to approach every intersection with
this possibility in mind.  Cross defensively.  It's not fair, but
the harsh reality is I'm not going to win a pedestrian versus
automobile collision at any speed.

--James

Wade Blomgren wrote:
> On 8/29/07, Tom Lettington <tlettington at san.rr.com> wrote:
> 
>> I'm wondering if this is being termed "an accident" by the police?
> 
> Of course it is.
> 
>>From the UT:
> 
> "Alcohol did not appear to be a factor in the accident, police said.
> The city's Traffic Division is investigating."
> 
> You're not seriously suggesting that the driver could have avoided
> this unfortunate random sequence of events by actually taking some
> responsibility for her own behavior, are you?  That's just crazy talk.
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