Thanks, Matt for your insight.

A couple of follow-ups:

It is very possible to legally navigate the intersection. If one was properly trained in Driver's Ed you learn that the first stop must be at the stop sign before the crosswalk. If you cannot safely see from that location you must pull forward and make a second stop where you can safely see.

The marking of a crosswalk is more for guidance. It is not a requirement that you must stay within the lines. The majority of crosswalks at intersections in Madison are not marked.

Mike

**************************************

From: "Matt Logan" <[EMAIL PROTECTED]>
To: "'Michael Rewey'" <[EMAIL PROTECTED]>, <[email protected]>
Copies to: <[EMAIL PROTECTED]>
Subject: RE: [Bikies] Milwaukee Street Fatality Follow-up
Date sent: Sun, 3 Jul 2005 23:23:00 -0500
>
> -----Original Message-----
> From: Michael Rewey
> Sent: Friday, July 01, 2005 11:01 AM
>
> > * Did the FedEx actually stop behind the cross walk? I have no
> > doubt the driver stopped, but where? Drivers at this location
> > cannot safely pull out - due to sight restrictions in both
> > directions - unless
> > they are totally across the cross walk and ahead of the stop sign.
> > This would require a double stop.
>
> Good Question. I have been contemplating calling the witness myself
> and asking him where the FedEx truck initiated it's forward motion
> from prior to colliding with the bicycle/ist. I spent a good deal of
> time at that intersection last week. The default behavior is that
> motorists stop at a point where they feel comfortable seeing the
> traffic coming from the left, perhaps glancing right prior to coming
> to a stop, and possibly looking right after initiating their right
> turn. However it would be unfair to assume that everyone does this.
>
> One odd tidbit is that that intersection is actually impossible to
> navigate legally. This is because it is illegal to stop within the
> crosswalk, yet this is exactly where a motorist would have to stop to
> see properly (according to the law). Optimally, the design of the
> street and building layout in this area should be changed so that
> adequate sight lines are maintained.
>
> > * Citing the bicyclist for "Fail to Yield Right of Way" as a
> > probable
>
> > cause is troublesome. The truck had a stop sign and Marquette is a
> > thru street. Does that mean that if after stopping, the truck
> > pulled out and was hit by a car on Marquette, the probable cause
> > would be the car on Marquette failed to yield? Who would get a
> > ticket in this case? The stop sign is before the cross walk for a
> > reason. There seems to be some motorized bias in reasoning. In
> > reality the truck failed to yield the right of way.
>
> The funny thing is that once a bicyclist or pedestrian is outside of
> the marked crosswalk in this situation, a motorist has no specific
> obligation to yield to them. Unfortunately, the angle of the sidewalk
> ramp encourages people to stray outside of the crosswalk markings. In
> fact, I suspect it would be impossible for a person in a wheelchair to
> stay entirely within the confines of the marked crosswalk at that
> intersection. Such ramp/crosswalk placement should be discouraged
> and/or the law should change to accommodate the obvious human reaction
> to that environment.
>
>
>


          
Michael W. Rewey
5522 Comanche Way
Madison, WI 53704
[EMAIL PROTECTED]
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