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Yes... (but clearly the extenuating circumstances I believe are examples that I would invoke the importance of the verbiage "where practicable")
I do not mind the blunt question... I want to know where I stand on this.
Thank you for your follow-up, Glen.I have the statute right here and it specifically states in 3544(c) that if there is no crosswalk, sidewalk, or shoulder, you have walk on the left (or the opposing) side of the road, and you have to yield to vehicle. That isn't really ambiguous or confusing, it is a fairly direct limitation on travel. That isn't based on what lights or items you wear to be visible, it is all based on your location. Furthermore, this is a traffic statute and traffic statutes are treated somewhat differently from other statutes. Unlike other codes where potential intent or mens rea has to be shown, these are considered 'strict liability' offenses. That literally means that if you aren't doing what the statute states, you are in violation, and your excuse, justification, or explanation is irrelevant. That is similar to speeding--it also does not matter if you accidentally exceeded speeding limits or you had a genuine emergency, that is still a violation, it is just that there may be other justifications or excuses as to why that statute should not come into play. Furthermore, this type of statute is not discriminatory and comes squarely under PA's police power to regulate roads and traffic--I really do not see any grounds here or case law to help you if you were violating the statute. I can also see why your attorney does not want to touch it because he does not want to provide you with unwelcome news, something that I am compelled to provide you with based on your question.My apologies but as a professional I owe you a duty to provide you with the facts, and I do not see this as something that could be successfully challenged based on your facts.Good luck.
So Dimitry... Even with signs posted that prohibit pedestrians to walk on the left side facing traffic. And even if it is impossible to safely walk on the left side in that particular place (and I am not exaggerating my description) and no alternative streets to traverse and even with the expression "when practicable" you're saying I am fighting an impossible battle...
I do accept your answer Dimitri, but it seems surely there must be exceptions where it is impossible to safely follow this law. It seems the law wasn't thoroughly thought through to deal with exceptions such as the one I described.... I'm just venting Dimitri... I was seriously injured when struck by the vehicle...
Thank you for your follow-up, Glen.Whenever practicable is not quite what the statute says. Here is the excerpt:"(c) Absence of sidewalk and shoulder.--Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway."Based on this reading it states that this is a two lane road, any pedestrian must be on the left regardless of signs. That is why this is a fairly uphill battle for you. You can potentially attempt to claim that you attempted to follow the signs in good faith as you reasonably believed that any sign overrules whatever the code would be if the statute and the sign placement is contrary. But that is really the best argument, and it is not terribly strong.I totally understand why you are venting, and I do agree that no law or statute is ever perfect, but I am somewhat handcuffed here myself by solely looking at the language so as to provide a proper analysis. Also, please be aware that even with this ticket you still have the ability to file for a personal injury claim against the vehicle and claim that they were negligent--this ticket does not block your ability to file.Hope that helps and if satisfied, kindly do not forget to positively rate my responses. Thank you.
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