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Yes children should be taught about road safety but they’re not the ones operating a two ton high speed machine. Pools are fenced because those owning hazards h
by supertrope 6y ago
Yes children should be taught about road safety but they’re not the ones operating a two ton high speed machine. Pools are fenced because those owning hazards have a duty to safeguard children from them. Children don’t have a duty to be as responsible as an adult would be.
- giantg2 6y agoSo, fence the roadways and only allow crosswalks that electronically control a gate to allow pedestrians to cross when traffic is stopped? We already have laws in place to protect pedestrians, including children. Children are still required to follow the law and are expected to know right from wrong at a young age (mens rea around age 8 depending on state). So they are expected, by law, to be as responsible as an adult. Your fence analogy is flawed. The fence is a requirement by law, just as crosswalks and their use are required by law. Neither kid was using a crosswalk or even gave any indication they were going to cross the street (such as turning to look at traffic). They simply stepped into traffic without looking. There's no legal basis for a driver to be held responsible in the scenarios I described where the driver is operating lawfully (attentive, at or under the speed limit, etc) and the pedestrian decides to step out without any indication and in violation of the law. The driver in that scenario performed all their lawful duties but even a lawful driver is not likely to be able to stop a car that takes 30-40 feet to stop at 35mph when someone steps out at 20 feet. Just as someone with a fence around their pool would have fulfilled their lawful duties if a high school kid tresspassed by jumping that fence and drowned. Parents have a duty to safeguard their children. If you allow your child to go unsupervised, then you could be found responsible their actions if they do something wrong (parent's negligence in not supervising a minor). Some states or cities even make it a crime to allow a child under a specific age to go unsupervised whether they did something wrong or not (curfews are very common). But it is generally up to the parent to decide if their child can safely perform an action such as walking along a street or staying home alone. I'd hardly call 30-35 mph high speed, unless we're calling bicycles high speed too. Typically when talking about cars, high speed would be considered at least highway speeds in excess of 50mph.