The Walking Dead: Pedestrians, Vehicles, and Impairment March 29, 2017 MTSI Conference

The Walking Dead: Pedestrians, Vehicles, and Impairment March 29, 2017 MTSI Conference

The Walking Dead: Pedestrians, Vehicles, and Impairment March 29, 2017 MTSI Conference While impaired driving is undoubtedly a grave public safety concern, studies have shown that impaired walking can also lead to tragedy. According to the National Highway Traffic Safety Administration, about 35% of pedestrians killed on our nation’s roadways had a blood alcohol content that was over the legal limit to drive. This course explores the intersection of the public intoxication laws in Section 49.02 of the Texas Penal Code with the pedestrian traffic laws in Section 552 of the Texas Transportation Code. Drunk walking leads to pedestrian fatalities http://www.usatoday.com/story/news/nation/2013/08/05/drunk-pedestria... Joan Lowy, The Associated Press 8:35 p.m. ET Aug. 5, 2013 A new study released Monday by the National Highway Traffic Safety Administration says that walking while intoxicated is a major cause of pedestrian death. WASHINGTON (AP) — Just as drinking and driving can be deadly, so can drinking and walking. Over a third of U.S. pedestrians killed in 2011 had blood alcohol levels above the legal limit for driving, according to government data released Monday. Thirty-five percent of those killed, or 1,547 pedestrians, had blood alcohol content levels of .08 or higher, the legal limit for driving, according to data reported to the National Highway Traffic Safety Administration by state highway departments. (Photo: Susan Walsh/AP Photo) Among the 625 pedestrians aged 25- to 34-years-old who were killed, half were alcohol impaired. Just under half the pedestrians killed who were in their early 20s and their mid-30s to mid-50s were also impaired. Only among pedestrians age 55 or older or younger than age 20 was the share of those killed a third or less. By comparison, 13 percent of drivers involved in crashes in which pedestrians were killed were over the .08 limit. Overall, about a third of traffic fatalities in 2011 — 31 percent, or 9,878 deaths — were attributable to crashes involving a driver with a BAC of .08 or higher. Transportation Secretary Anthony Foxx released the data as he kicked off a new effort to reduce pedestrian deaths. There were 4,432 pedestrian fatalities in 2011, the latest year for which data is available. That was up 3 percent from the previous year. Jonathan Adkins, a spokesman for the Governors Highway Safety Association, which represents state highway safety offices, said anti-drunk driving campaigns may be encouraging more people to walk home after a night of drinking. Alcohol can impair pedestrians' judgment and lead them to make bad decisions, like crossing a road in the wrong place, crossing is against the light, or "trying to beat a bus that's coming," he said. There is no data on an increase in alcohol-impaired bicycle fatalities, but there has been discussion at safety conferences around the country about what appears to be the beginning of a trend, Adkins said. Safety advocates have been warning for several years that they're also seeing more cases of distracted walking. Several studies show that people who are talking on their cellphones while walking make more mistakes. Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Read or Share this story: http://usat.ly/1eotUT3 1 of 1 3/16/2017 2:35 PM Drunken pedestrians: Walking while drunk is one of the top causes for p... http://articles.sun-sentinel.com/2011-11-25/news/fl-drunk-pedestrians-2... Home → Collections → Drinking Recommend 8 Drunken pedestrians: Walking under the Tweet influence is a top cause of accidents S S November 25, 2011 | By Angel Streeter, Sun Sentinel The 24-year-old West Palm Beach man was lying in the outside lane of Military Trail when a car ran over him. The pedestrian had a blood alcohol level of .276, more than three times the .08 legal drinking- and-driving intoxication limit. Months later, 54-year-old Jose Gonzales darted into traffic as a driver slammed on his brakes to avoid him. But it was too late. As a Palm Beach County Sheriff's Office deputy rendered aid, he could smell alcohol on the homeless man's breath. The dangers of drunken driving are well known. But just as dangerous is walking drunk. Statewide, some 32 percent of pedestrian deaths in 2010 involved a pedestrian who had been drinking. In Related Articles serious injuries, nearly 13 percent of pedestrians had been drinking. Farrall Case Goes To Jurors Today In Broward County, 7 percent of pedestrian crashes last year involved pedestrians who had been November 21, 2002 drinking. In Palm Beach County and Florida, it was 9 percent. Military Trail Toll Increases Road`s Fatal Crashes "As a cyclist and walker, you're still transporting yourself," said Bret Baronak, the Palm Beach Second... Metropolitan Planning Organization's bicycle and pedestrian coordinator. "You're still traveling through January 5, 1992 traffic … [clouded] judgment is a bad thing. It can lead to tragedy." Farrall: `I Wasn't Impaired' November 20, 2002 In fact, a 2008 National Highway Traffic Safety Administration study found that a pedestrian is four times more likely to be killed if he had been drinking than if no alcohol were involved. Drunks Taking Deadly Toll June 28, 1995 Most of these alcohol-involved pedestrian crashes occur at night in the early morning hours. Darkness is a factor in many pedestrian crashes, but alcohol brings an added risk to pedestrians walking at night. Bars Face Scrutiny After Crash February 16, 1996 "It's hard to judge the speed of a vehicle coming toward you at night," said Mark Horowitz, the Broward Metropolitan Planning Organization's bicycle and pedestrian coordinator. "Add alcohol impairment on top of that, it makes it more difficult to judge how fast a car is traveling and how close they are. Find More Stories About Drinking Mark Horowitz "By the time they've made their decision, it's too late," Horowitz said. "A second or two can make a difference." Pedestrian crashes are often scattered throughout the area, but tend to occur in dense, urban areas where people get around by walking . But some popular night spots can produce a cluster of pedestrian crashes. Horowitz remembers when Fort Lauderdale erected a fence in the median on U.S. 1 near Pure Platinum after a spate of pedestrian crashes. An ATM was across the street from the club. In Palm Beach County, a cluster of crashes has occurred near Frenchie's Bar in Lake Worth. John-Mark Palacios, the Florida Department of Transportation's bicycle and pedestrian coordinator for Broward and Palm Beach counties, points out it's already a harsh environment for pedestrians in South Florida. Florida leads the nation in pedestrian death rates. A recent report by Transportation for America ranked South Florida as the fourth-most dangerous metro area for pedestrians in the country. Adding alcohol to the equation exacerbates the problem. In a 2008 analysis of pedestrian crashes in South Florida, FDOT found that 39 percent of pedestrian deaths were related to alcohol and drugs. "If you're stone drunk, it's probably not a good idea to go walking around," Palacios said. Still, he cautions that drunken pedestrians aren't the only victims. Accidentally killing a pedestrian can 1 of 2 3/16/2017 2:39 PM Railway Co. Not Liable For Hitting Drunk Pedestrians - Law360 https://www.law360.com/articles/762060/railway-co-not-liable-for-hitti... Advanced Search Take a Free Trial | Sign In Sign In Take a Free Trial Sign In Advanced Search Close Law360 In-Depth Law360 UK Adv. Search & Platform Tools Browse all sections Banking Bankruptcy Class Action Competition Employment Energy Insurance Intellectual Property Product Liability Securities Rankings Law360's MVPs Glass Ceiling Report Global 20 Law360 400 Diversity Snapshot Practice Group Partner Rankings Practice Groups of the Year Pro Bono Firms of the Year Rising Stars Trial Aces Site Menu Join the Law360 team Search legal jobs Learn more about Law360 Read testimonials Contact Law360 Sign up for our newsletters Site Map Help By Linda Chiem Law360, New York (February 22, 2016, 6:37 PM EST) -- A Texas federal judge ruled Friday that Kansas City Southern Railway Co. cannot be held liable after one of its trains struck two intoxicated pedestrians who trespassed on the company’s tracks in 2011, saying the train’s engineers did everything they could to warn of the oncoming train. 1 of 4 3/16/2017 2:31 PM Railway Co. Not Liable For Hitting Drunk Pedestrians - Law360 https://www.law360.com/articles/762060/railway-co-not-liable-for-hitti... U.S. District Judge Alfred H. Bennett granted Kansas City Southern summary judgment in a negligence suit launched by family members of Nancy Barnes and Willie Gonzales, who were struck in October 2011 by a Kansas City Southern train while they were crossing the railroad tracks at night in El Campo, Texas. Barnes, whose medical records showed that she tested positive for cocaine and that her blood alcohol level was .067 on the night of the accident, died four days after the accident. Gonzales, whose medical records showed that his blood alcohol level was .267 that night, died a few years later from causes unrelated to the train accident, according to court documents. Judge Bennett found that the train’s engineers were operating at 22 miles per hour, below the 25 miles-per-hour speed limit, they kept a proper lookout and even blew the train’s horn — despite traveling through a designated quiet zone — to warn Barnes and Gonzales, both of whom were aware of the oncoming train but didn’t move away from the tracks in time, according to the order.

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