Woman who lost child to hit and run driver convicted of vehicular homicide
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When 4-year old A.J. Nelson saw one of the other adults attempt to finish her crossing, he broke away from his mother and ran into the road.
#27
SLJ 6/8/65-5/2/07
If Ms. Nelson receives jail time this is asinine beyond belief. The fact that she was prosecuted at all is bad enough.
She, apparently, has made a horrible error in judgment and has paid a terrible price. Jail can do nothing to either punish or rehabilitate her and will only require taxpayer expense to house her and foster her surviving children. Jailing this lady is not the purpose of the legal system as it will neither punish or rehabilitate nor is it likely to even deter.
Ms. Nelson has been "punished" enough. Piling on is truly offensive.
She, apparently, has made a horrible error in judgment and has paid a terrible price. Jail can do nothing to either punish or rehabilitate her and will only require taxpayer expense to house her and foster her surviving children. Jailing this lady is not the purpose of the legal system as it will neither punish or rehabilitate nor is it likely to even deter.
Ms. Nelson has been "punished" enough. Piling on is truly offensive.
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In some areas of the US we cyclists have it very easy compared with pedestrians. Some urban sprawl regions in particular seem designed to keep people from walking.
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almost everywhere. Pennsylvania used to have quite a few "no pedestrian" signs at rural intersections. There were some down the street from me for the longest time, they've finally come down because they were just ridiculous.
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Where I live I am in a similar situation as Ms Nelson. I have a bus stop that is pretty much right across the street my complex. Although I/we have it a little easier, as here in St. Pete bus stops are about an 1/8 of a mile a part. So one can get off the bus right across the street from our complex and cross there. Which sadly does not have a painted crosswalk. Although doing that one generally has to stop and wait on the median to finish crossing the street. Or one can wait and get of of the bus at the next stop about an 1/8 of a mile south. And than cross where there is a painted crosswalk and a crosswalk light.
Given that I'd say probably the majority of tenants have children of varying ages, which option makes the most sense? Just from observing people getting off of the bus they opt to get off of the bus across the street from the complex and than cross as Ms Nelson did, and as I think that most people will do.
Given that I'd say probably the majority of tenants have children of varying ages, which option makes the most sense? Just from observing people getting off of the bus they opt to get off of the bus across the street from the complex and than cross as Ms Nelson did, and as I think that most people will do.
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https://www.change.org/petitions/cobb...e=action_alert
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This case seems outrageous on the surface, but how can anyone condemn the court action without knowing any of the pertinent details. People tend to view things viscerally and develop strong opinions with few facts. Unfortunately, they tend to vote the same way.
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#33
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stories like these make me want to emigrate to Europe and simultaneously hope for a dystopic collapse of America because fossil fuel becomes too scarce.
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Vehicular homicide does seem like a weird charge to bring. And those roads could have been designed better.
But having said that, it was the mother who decided to take her kids across a high speed divided highway at night, resulting in the death of one of the kids, and injuries to herself and the other kids. As the article noted, if the driver hadn't driven off, he probably would not have been charged all.
Jailtime is problematic for many reasons, including the question of who will take care of the other kids. But this mother took a risk with her kids' lives because she didn't want to go out of her way to cross the street legally. She is responsible for her kid's death. That isn't something that we should ignore.
But having said that, it was the mother who decided to take her kids across a high speed divided highway at night, resulting in the death of one of the kids, and injuries to herself and the other kids. As the article noted, if the driver hadn't driven off, he probably would not have been charged all.
Jailtime is problematic for many reasons, including the question of who will take care of the other kids. But this mother took a risk with her kids' lives because she didn't want to go out of her way to cross the street legally. She is responsible for her kid's death. That isn't something that we should ignore.
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There are a lot of risks people take with their kids that, in large populations, result in deaths. Crossing the street, driving, living in a rural area, feeding them, feeding them nuts and peanuts, traveling (not only can crashes kill you, you're often hours from medical care), etc. So you can't just say "she took a risk." That's not fair.
The question is of unreasonable risk. You have to argue that she took an unreasonable risk with her child's life (and I think you were trying to get there). I don't think avoiding a 20 minute walk down a narrow sidewalk with no barrier from the street by walking directly across the street is an unreasonable risk. Day or night.
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I haven't seen this mentioned at all in any of the articles or in this thread (it's noted in the account in the grist article). I certainly don't agree that this warrants a vehicular homicide charge, but it is something worth mentioning. This probably contributed to the charge way more than the crosswalk aspect, IMO.
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There are a lot of risks people take with their kids that, in large populations, result in deaths. Crossing the street, driving, living in a rural area, feeding them, feeding them nuts and peanuts, traveling (not only can crashes kill you, you're often hours from medical care), etc. So you can't just say "she took a risk." That's not fair.
The question is of unreasonable risk. You have to argue that she took an unreasonable risk with her child's life (and I think you were trying to get there). I don't think avoiding a 20 minute walk down a narrow sidewalk with no barrier from the street by walking directly across the street is an unreasonable risk. Day or night.
The question is of unreasonable risk. You have to argue that she took an unreasonable risk with her child's life (and I think you were trying to get there). I don't think avoiding a 20 minute walk down a narrow sidewalk with no barrier from the street by walking directly across the street is an unreasonable risk. Day or night.
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The closest crosswalks on Austell that I could find were .4 miles in either direction. That's .8 miles round trip. A good bit more than 20 minutes when you're having to lead multiple small children.
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I agree, but that just reinforces my point. I don't think it's an unreasonable decision on her part. I think the city puts those transit users into an unreasonable situation.
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Good point... why isn't the bus stopping where the crosswalks exist... Here they are "delivering pedestrians" and then telling the peds "you can't walk here." Rather ironic eh? Sort of like bike lanes that begin mid block... OK to use, as long as you are "beamed in."
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I suspect that what's missing here is just a pedestrian light at the bus stop. And, if their bus system is anything like ours, a shelter at the stop.
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There are lots of bus stops that aren't at crosswalks. Follow a bus sometime and see how many people who get of the bus jaywalk across the street. What's a person to do when the closest crosswalk is over a quarter mile away? And, you know what? The crosswalks aren't all that safe anyway. Plenty of people get killed when crossing legally in a crosswalk.
Roads and even crosswalks are hostile to pedestrians. Having done a lot of walking, I'm sure there are times when there really isn't a decent option. Sometimes you have to either take your chances, climb over something or go back the way you came (been there, done that). You can't get there from here (at least not if you're walking).
Roads and even crosswalks are hostile to pedestrians. Having done a lot of walking, I'm sure there are times when there really isn't a decent option. Sometimes you have to either take your chances, climb over something or go back the way you came (been there, done that). You can't get there from here (at least not if you're walking).
#45
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Crossing mid-block is legal under the circumstances described in the crash (adjacent to a nonsignalized intersection). Why are so many people assuming it is not legal? The only requirement is that the pedestrian yield to vehicle traffic. Crossing to the median and waiting there until no traffic is coming on the other side is legal.
The mother was acting legally when the child broke away from her and failed to yield to vehicle traffic. She chased the child to try to rescue him; it was the child's traffic violation that resulted in the crash, not hers. The exact same thing could have happened at a signalized crosswalk while the light was still red.
I hope a better lawyer takes this case pro-bono to appeal. The existing evidence should be adequate to prove that the law was misapplied and that the charges do not fit the mother's actions. Children dart into traffic all the time. What is the usual charge against the parents? Nothing.
The news article on the sentence indicates the judge granted the mother the option of a new trial. I suspect the judge realizes they seriously screwed up.
O.C.G.A. §40-6-92. Crossing roadway elsewhere than at crosswalk
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
I hope a better lawyer takes this case pro-bono to appeal. The existing evidence should be adequate to prove that the law was misapplied and that the charges do not fit the mother's actions. Children dart into traffic all the time. What is the usual charge against the parents? Nothing.
The news article on the sentence indicates the judge granted the mother the option of a new trial. I suspect the judge realizes they seriously screwed up.
Last edited by sggoodri; 07-26-11 at 01:51 PM.
#46
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We've got some similar problem areas near me. I live near an 8-lane arterial (and that's not even counting the protected turn lanes) that has no crosswalks or pedestrian signals for about 5 miles. The priority seems to be to maximize the speed of traffic at the expense of pedestrian safety, as the lights are all timed so that it's literally impossible to walk across the street during a single green light cycle on a cross street (and even then, you have to dodge all the turning traffic produce by the very pedestrian-unfriendly environment). I can barely make it across in one light cycle on my bike if I accelerate all out, so people on foot stand no chance whatsoever. And it's not like people don't try it, anyway...it's a giant gash in the middle of the community, separating where people live from places they might want to go (grocery stores, shopping areas, etc). As more high-density housing and retirement communities have gone in in the area, the level of foot traffic has increased, but nothing has been done about the horrible situation.
I've also had several email exchanges with planners about this problem, and the general attitude seems to be a) that no pedestrians would cross there because it's so dangerous (it's certainly dangerous, but sometimes people don't have a choice, and I see people running across all the time), b) that the law doesn't require them to do anything unless the pedestrian traffic is "significant" (not sure what that means, but a lot of people do cross on foot, and they get hit by cars fairly often), and c) that they plan to do something about it, but maybe 10 years from now when they can totally redesign the whole road to have more grade-separated intersections. I don't know how to respond to that kind of dismissive attitude, but it seems clear that the car is king, even at the expense of people's lives, for planners. I'm beginning to think that large-scale lawsuits or political pressure are the only thing that can change their minds.
I've also had several email exchanges with planners about this problem, and the general attitude seems to be a) that no pedestrians would cross there because it's so dangerous (it's certainly dangerous, but sometimes people don't have a choice, and I see people running across all the time), b) that the law doesn't require them to do anything unless the pedestrian traffic is "significant" (not sure what that means, but a lot of people do cross on foot, and they get hit by cars fairly often), and c) that they plan to do something about it, but maybe 10 years from now when they can totally redesign the whole road to have more grade-separated intersections. I don't know how to respond to that kind of dismissive attitude, but it seems clear that the car is king, even at the expense of people's lives, for planners. I'm beginning to think that large-scale lawsuits or political pressure are the only thing that can change their minds.
https://www.baltimorecitycouncil.com/...11/default.htm
This guy.
This is my district representative.
If I had such a severe problem as that, I would call his office. Repeatedly. Once I figured out how to get a hold of him, I would be talking to him every 2-4 weeks to find out what's being done about these sorts of problems. I would find other people trying to get across **** like that, and talk to them. I would give them his number, his office location, and information on how to physically find him (show up at his office at these times...).
Eventually something would be done.
Once, the water main behind my apartment burst a day before christmas. The city department of public works sent people out to shut the water off. A section of the city didn't have water, and they planned on coming back after the New Year's holiday to resume work.
My landlord has the district representative's personal cell phone number.
He called him at his house.
Neither of them was pleased.
Water was on the next day.
Find yours.
#47
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I hate the pedestrians here. They stare you down as they walk out in front of you, with no crosswalk, imagining that they've got some glowing field of power emanating from their bodies, commanding you to stop. They're as bad as the drivers, making turns through busy crosswalks, bulling their way through floods of pedestrians at 5mph, thinking they'll move. I want to line these people up and punch all of them--or better, complain to the cops until they start handing out tickets for actually dangerous violations.
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There are lots of bus stops that aren't at crosswalks. Follow a bus sometime and see how many people who get of the bus jaywalk across the street. What's a person to do when the closest crosswalk is over a quarter mile away? And, you know what? The crosswalks aren't all that safe anyway. Plenty of people get killed when crossing legally in a crosswalk.
Roads and even crosswalks are hostile to pedestrians. Having done a lot of walking, I'm sure there are times when there really isn't a decent option. Sometimes you have to either take your chances, climb over something or go back the way you came (been there, done that). You can't get there from here (at least not if you're walking).
Roads and even crosswalks are hostile to pedestrians. Having done a lot of walking, I'm sure there are times when there really isn't a decent option. Sometimes you have to either take your chances, climb over something or go back the way you came (been there, done that). You can't get there from here (at least not if you're walking).
But if the buses are letting people off in dangerous areas, then the city (or bus company) is part of the problem. And yes this all comes back to "automobile centric society," and not planning for the one mode of transportation that we all have... walking.
Yeah I walk too... and I find it really frustrating when I discover a chunk of sidewalk that has so much junk on it that it really isn't walkable... light control boxes, power and phone boxes, benches, power and light poles, and street signs... all eat into sidewalk space. But heaven forbid that we restrict the automobile in any way. And never mind the motorists that fail to stop on red before turning right, and fail to look both ways before turning right. (I slam my hand on automobile fenders when they try that in front of me when I am walking... makes a terrible loud sound in the car.)
#49
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I believe this is the location of the collision in the story:
https://maps.google.com/maps?q=33.909...num=1&t=h&z=19
Last edited by sggoodri; 07-27-11 at 03:34 PM.
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OK, too many of you are overlooking the obvious.
I lived in GA for three years, ATL area, and I know this:
They don't have crosswalks because most of those rednecks down there can't walk and chew at the same time. Yet, they let 'em drive. It's dysfunctional. Foxworthy was right -- when it comes to places like "Spaghetti Junction", MERGE IS A PERSONAL CHALLENGE!
I lived in GA for three years, ATL area, and I know this:
They don't have crosswalks because most of those rednecks down there can't walk and chew at the same time. Yet, they let 'em drive. It's dysfunctional. Foxworthy was right -- when it comes to places like "Spaghetti Junction", MERGE IS A PERSONAL CHALLENGE!