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Buena Park P.D. – It’s OK to Hit Pedestrians if They Aren’t in Crosswalk

11:13 AM PST on December 5, 2008

Every now and again I come across a news story that I pray was just poorly written.  In this case, I'm hoping this written report at KTLA, the news video can be found above, is missing a qualifier.  If not, the Buena Park P.D. is basically saying it's ok to run down pedestrians if they're not in the sidewalk.

They say since the woman not crossing the street in a crosswalk, thedriver that struck her would not have been at fault. But, the crime wascommitted when the driver fled the scene.

While I don't like to speak ill of the dead, there is no doubt that she absolutely should have used a crosswalk.  As any pedestrian knows, the way to keep yourself as safe as possible is to walk defensively and only cross in marked intersections.

That being said, without knowing the full story behind the crash, it's not smart policy to dismiss the driver of any blame for causing the crash.  After all, California State Law is clear that any pedestrian in the road has the right of way.  If the driver was distracted by cell phone, coffee, morning radio hosts or any of the thousands of distractions that exist, he or she could very well be responsible for the crash as well.

"Fortunately," because the driver fled the scene, the Buena Park P.D. will pin the crime of "Hit and Run" on the driver who first struck the pedestrian.  If anyone has information, you know what to do.

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