Wow- I don’t know about New York, but here in Phoenix the sun rises and sets every day and I have learned that sun glare can block my vision. On the few occasions the sun could not be blocked by my sun visor, I pulled over and stopped because I feared hitting a pedestrian. Using my hand to provide extra shade was the solution.
I’m sure Mr. Klink regretted hitting the victim but too many drivers take risks like driving blind and hope for the best.
Wow- I don’t know about New York, but here in Phoenix the sun rises and sets every day and I have learned that sun glare can block my vision. On the few occasions the sun could not be blocked by my sun visor, I pulled over and stopped because I feared hitting a pedestrian. Using my hand to provide extra shade was the solution.
I’m sure Mr. Klink regretted hitting the victim but too many drivers take risks like driving blind and hope for the best.
I was driving eastbound to work one morning and got rear-ended really hard by a woman behind me. She and my mom both went to the hospital and my car was declared a total loss. She told the police and the judge in court that the sun glare prevented her from seeing that traffic stopped. The judge told her it was inexcusable and she should have worn sunglasses…
Agree. If he really felt it was an emergency he should have stopped. Dealing with the sun is part of driving. Plus, not sure how the city could be liable. Unless he didn’t receive his “state issued” sunglasses when he got his driver’s license.
I am not saying that the driver isn’t liable, it took two courts to make a decision…..but not for nothing, but where is the liability of the pedestrian? Was she reading her blackberry? When I cross the street, I look for turning traffic too..especially when the sun was in my eyes after looking to the right and left.
When I’m the driver, I hate the pedestrian….When I am the pedestrian, I hate the driver…
Rumor has it that the Sun has been keeping a low profile this winter and that Gloria Allred is acting as the Sun’s spokesperson during the duration of this trial. Any requests for interviews with her client or publication of his photo must be cleared through her offices. Licensing agreements are available on her website.
If the Sun had insurance, it would be named in the suit also… And, of course the driver is at fault. Thankfully, even though it was a long journey, a court finally got to the right answer. The legal system worked, ultimately, but how much did that process cost the taxpayers in expenses!?
I am a firm believer that pedestrians have a HUGE responsibility to watch out for their own safety. Even when they have the “walk” signal or are in a marked crosswalk. The consequences are severe. I was recently in a crosswalk and had to literally run to avoid being hit by a big SUV that suddenly turned left from a stop sign, driven by an elderly man who I thought had made eye contact with me-knew I was there. Sure the driver would have been at fault which wouldn’t really matter to me -if I was dead in the street.
you gotta luv NY.
I do believe taht there is a relatively new law in Ny that requires all drives to wait before entering a cross walk until pedestrians have gotten to the curb they are traveling to. Under that law he is at fault, period.
Having a state issued drivers license bears a certain responsibility which again makes him at fault.
I love attorneys taht will do anything to avoid their clients from being held accountable.
hmm.. if I recall my driver’s ed class from years ago, they said that if you end up with the sun shining at such an angle that you cannot see, you were to STOP and wait for the sun to shift some.
Also, I do believe pedestrians have right of way at marked cross-walks and lighted crossings.
Are you kidding me, Mr, Klink? I have to agree with caffiend; while I have always cursed at pedestrians who jump the gun at the curb, I wait for them to get out of the way because I was taught 42 years ago that they have the right of way in the crosswalk and when they are wrong, it is still better to wait, than have to go to court. Being right is not always the best defense, regardless of who’s at fault. on the practical side, here in PA, there is a certain overpass where the sun is just at the horizon at 6:30- 7:00 AM and every morning on my commute, I have my visor down and sunglasses on, yet traffic backs up, and results in the occassional fender bender because some drivers apparently don’t have visors and sunglasses.
Wow- I don’t know about New York, but here in Phoenix the sun rises and sets every day and I have learned that sun glare can block my vision. On the few occasions the sun could not be blocked by my sun visor, I pulled over and stopped because I feared hitting a pedestrian. Using my hand to provide extra shade was the solution.
I’m sure Mr. Klink regretted hitting the victim but too many drivers take risks like driving blind and hope for the best.
Wow- I don’t know about New York, but here in Phoenix the sun rises and sets every day and I have learned that sun glare can block my vision. On the few occasions the sun could not be blocked by my sun visor, I pulled over and stopped because I feared hitting a pedestrian. Using my hand to provide extra shade was the solution.
I’m sure Mr. Klink regretted hitting the victim but too many drivers take risks like driving blind and hope for the best.
I was driving eastbound to work one morning and got rear-ended really hard by a woman behind me. She and my mom both went to the hospital and my car was declared a total loss. She told the police and the judge in court that the sun glare prevented her from seeing that traffic stopped. The judge told her it was inexcusable and she should have worn sunglasses…
Agree. If he really felt it was an emergency he should have stopped. Dealing with the sun is part of driving. Plus, not sure how the city could be liable. Unless he didn’t receive his “state issued” sunglasses when he got his driver’s license.
I am not saying that the driver isn’t liable, it took two courts to make a decision…..but not for nothing, but where is the liability of the pedestrian? Was she reading her blackberry? When I cross the street, I look for turning traffic too..especially when the sun was in my eyes after looking to the right and left.
When I’m the driver, I hate the pedestrian….When I am the pedestrian, I hate the driver…
I am RA!
Rumor has it that the Sun has been keeping a low profile this winter and that Gloria Allred is acting as the Sun’s spokesperson during the duration of this trial. Any requests for interviews with her client or publication of his photo must be cleared through her offices. Licensing agreements are available on her website.
Tom, that explains it. I’m sitting here in “sunny” southern CA looking out the window at overcast skies.
If the Sun had insurance, it would be named in the suit also… And, of course the driver is at fault. Thankfully, even though it was a long journey, a court finally got to the right answer. The legal system worked, ultimately, but how much did that process cost the taxpayers in expenses!?
I am a firm believer that pedestrians have a HUGE responsibility to watch out for their own safety. Even when they have the “walk” signal or are in a marked crosswalk. The consequences are severe. I was recently in a crosswalk and had to literally run to avoid being hit by a big SUV that suddenly turned left from a stop sign, driven by an elderly man who I thought had made eye contact with me-knew I was there. Sure the driver would have been at fault which wouldn’t really matter to me -if I was dead in the street.
you gotta luv NY.
I do believe taht there is a relatively new law in Ny that requires all drives to wait before entering a cross walk until pedestrians have gotten to the curb they are traveling to. Under that law he is at fault, period.
Having a state issued drivers license bears a certain responsibility which again makes him at fault.
I love attorneys taht will do anything to avoid their clients from being held accountable.
They left out the best part of the story about the driver, Derek Klink, so I’ll finish it here for you:
Klink, a former corporal in Germany’s Wermacht Army in WW2 was asked by police what happened. Klink responded, “I KNOW NOTHINK!”
Ahh, I guess Klink was the colonel and the guy who said ” I know nothing” was Sgt Shultz. Poor attempt at humor.
TOPOV: Don’t apologize. I always enjoy your posts and agree with them most times.
hmm.. if I recall my driver’s ed class from years ago, they said that if you end up with the sun shining at such an angle that you cannot see, you were to STOP and wait for the sun to shift some.
Also, I do believe pedestrians have right of way at marked cross-walks and lighted crossings.
Are you kidding me, Mr, Klink? I have to agree with caffiend; while I have always cursed at pedestrians who jump the gun at the curb, I wait for them to get out of the way because I was taught 42 years ago that they have the right of way in the crosswalk and when they are wrong, it is still better to wait, than have to go to court. Being right is not always the best defense, regardless of who’s at fault. on the practical side, here in PA, there is a certain overpass where the sun is just at the horizon at 6:30- 7:00 AM and every morning on my commute, I have my visor down and sunglasses on, yet traffic backs up, and results in the occassional fender bender because some drivers apparently don’t have visors and sunglasses.
Actual conversation on the radio broadcast of a football game this weekend between the play by play guy and the sideline reporter:
Play by Play Guy: “Lamar back to receive the kickoff. He had some problems with the sun in the first half. Jim, has the sun shifted at all?”
Jim: “Yes it actually has. It has shifted to the west some so I don’t anticipate any more problems.”
Real men of genius.