Omaha, NE – A bit after 9 p.m. Thursday, Thomas Smith was injured when he was struck by a car while he crossed the street in Omaha, NE.
The accident took place on N. 16th St., when Mr. Smith attempted to cross the street, despite the street traffic having a green light. He apparently made it to the median, before he stepped in from of a car driven by Anna Castillo, 25. Mr. Smith suffered critical injuries and was rushed to CHI Health Creighton University Medical Center. His current condition is unknown.
According to reports, Mr. Smith was not in the crosswalk when he was struck. It does not appear any citations will be issued in the accident, although police continue to investigate.
Map of the Accident Area
Commentary:
When I read stories like this, it always strikes me that it seems pretty cut and dry, until you realize that you only have one side of the story. I’m not referring to any of the facts here, in this particular story, but this type of story, I don’t blame reporters for writing it, they’ve got a job to do, but it only seems like half the story to me.
Here’s how the type of story I’m talking about goes. A pedestrian gets hit by a car, the pedestrian is seriously injured, and only one who can testify as to what happened is the driver of the vehicle that struck the pedestrian. Most of the time I’m sure they’re honest and recount things to the best of their ability, but they sure as heck aren’t impartial. But the story gets written, as the pedestrian in the hospital fights for their life. It seems to me that pedestrian might have a different take on things when they recover. Again, don’t misunderstand me, I’m not saying any of that applies to this story, it’s just what got me thinking.
It also got me thinking about one of the most commonly misunderstood parts of the law. You hear people say all the time that “the pedestrian has the right of way.” They throw this phrase around as if it’s the 11th Commandment, absolute, inviolable, and stone-chiseled straight from the mountain top. Like everything else in the law, it’s not.
Our legal system is built on duties, we don’t have a single absolute, 100 percent of the time, ironclad right, or rule. This applies to the pedestrian right of way. It’s a general principle, but it doesn’t mean you’re free to run through rush hour traffic, while the cars pile up like a giant pile of twisted metal in a Hollywood summer blockbuster.
Pedestrians have a duty to use cross-walks where they’re available. They, just like a car crossing the street, have a certain responsibility to make sure that it’s actually safe to enter the street. I’m sure a small number of pedestrian hit and run accidents happen because people think that pedestrians always have the right of way and they panic, thinking they’re automatically going to jail.
Ultimately, I think its important to remember that no matter what part of the law you’re dealing with, it’s always best to apply common sense and remember that doing the right thing, most of the time is the same as doing the legal thing.
–Grossman