Animated Traffic Law

As drivers and humans, we are myopic to say the least. We tend to see things from our narrow perspective as balanced and accurate. It’s a given, humans (and drivers of vehicles) are selfish.  After all, each one of us is a “self.”  We can’t help but be selfish.  The danger of this, of course, is projecting onto others abilities we possess or don’t possess.  Take for example, night driving.  We often assume when driving at night everyone sees what we see. Not so – not by a long shot. According to AASHTO’s Geometric Design of Highways and Streets,”…for every decade after age 25, drivers need twice the brightness at night to receive visual information. Hence, by age 75, some drivers may need 32 times the brightness they did at age 25.”  Myopic, when driving, not so good.

In every state and DC a pedestrian establishes right-of-way in a crosswalk (marked and unmarked) by *stepping into the killing zone. In other words, a pedestrian must walk through that invisible “door” between the safety of the curb and the killing zone of the street. Unless a pedestrian steps into the street motor vehicles do not have to stop.

*A pedestrian may only leave “a place of safety” or the curb, when the approaching motor vehicle has ample time to safely stop.

Skateboarders are the new pedestrian.  State vehicle codes do not define skateboarders but do define pedestrians as “any person afoot.” Because a skateboarder is using his feet to propel himself down the street he is considered under state law a pedestrian, with all the privileges and duties. As a motorist, keep this in mind. As a skateboarder, know that a pedestrian does NOT always have the right-of-way, and will need to yield to bicycles and motor vehicles.

Inattention blindness or perceptual blindness, is the mind’s limited ability to pay attention or concentrate. Unless the mind gives its attention to something it can’t process the data. If the mind doesn’t process what the senses take in, then quite literally, we will not see, hear, feel, taste nor smell it. This is why a motorist can honestly say after hitting and killing a pedestrian or bicyclist, “I did not see her!” When driving, we need to give our mind to driving.

The “Broken Window” theory was developed by criminologists, James Q. Wilson and George Kelling. Simply stated, it is the theory that if windows in a building are broken and left unrepaired those walking by will conclude that no one cares and anything goes. More windows are broken. This fuels a disregard not only for that building but also for the adjacent properties and facing street. Disrespect breeds greater disrespect. Crime increases in this area.

In traffic safety, flaunting of the law, be it running a stop sign, speeding, failing to use turn signals are all analogous to breaking a window. It encourages other drivers to do the same. If left unchecked, the net result is  more careless and reckless driving behaviors. It is not surprising that aggressive driving and road rage are major traffic concerns for police departments across the country. Maybe the moral impetus for obeying traffic law or any law, shouldn’t be so much about avoiding punishment or even causing a crash as helping to hold the line on social order.

The average road user’s notion of “right-of-way” is often incorrect. Drivers and pedestrians assume that if they “have” the right-of-way they are immune from culpability in a crash. Wrong. For example, let’s say you are approaching a four-way uncontrolled intersection. A vehicle on your left is also approaching the intersection.  You’re the vehicle on the right and arrive at the intersection first. Appears clear enough – the right-of-way is yours. You enter the intersection at full speed because you “have” the right-of-way. The other driver T-bones you. The crash is bad. Someone gets hurt. It goes to court. The judge and/or jury finds that you did in fact have the right-of-way but failed to exercise due care, possibly violating the basic speed rule. In other words, given the other driver’s speed and proximity to your vehicle, you failed to act in a way that a reasonable and prudent person would have done under the same circumstances. The final verdict? Right-of-way does not mean immunity. You may get to share in the financial costs of the crash.

The “basic speed rule” as it is often referred, exists in *all states. By definition “no person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions, including actual and potential hazards then existing.” (UVC 11-801-Basic Rule).  Think of the basic rule as the trump card of all posted speed limits. If weather, road or traffic conditions merit slower speed then the posted speed limit is no longer the legal speed limit. Rather, the basic rule or what a prudent and reasonable driver would travel under said conditions.

*Tennessee does not have a basic speed rule.

When it comes to driving on multiple lane divided highways (freeways or limited access roadways) the safest speed is not always the slowest nor the posted speed limit.  This makes for a conundrum.  Obey or not to obey the speed limit on divided highways is often the question we have to ask ourselves as drivers.  I offer no simple answer. The “Solomon Curve” and ensuing research argue the greater the difference between a driver’s speed and the average speed of traffic (below and above the average speed) the greater likelihood of being involved in a crash.  That said, nothing relieves a driver from due care while operating his or her vehicle.

In all states and DC, there is the basic speed law or its equivalent, which says: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent under the conditions, including actual and potential hazards then existing.” (Uniform Vehicle Code 11-801-Basic Rule)

Consider:  In many states the driver of a motor vehicle speeding through an intersection forfeits his/her right-of-way. In other words, you have a green light but are speeding through an intersection when T-boned by a driver who ran the red light:  both drivers are now liable for sharing in the financial costs of that crash.  This is called “shared liability,” and in serious motor vehicle crashes insurance companies will seek to minimize their costs by finding fault where fault can be found.

A “gore” or “gore point” is  a triangular space defined by wide solid white lines, usually 8 inches in width, where roads merge or split.  They are most commonly seen on divided highway and freeway entrances and exits ramps.

In *most states it is illegal to enter this area. On-ramp lengths are designed to allow motorists to safely gain freeway speed before merging into traffic.  To cut across the gore is to defeat the purpose of the on-ramp and can surprise oncoming traffic not expecting vehicles to enter that area.

*Those states where there is no statute clearly condemning entering the gore: Alabama, California, Hawaii, Indiana, Louisiana, Maine, Massachusetts, Michigan, Mississippi, North Carolina, North Dakota.