New Bill: Drivers No Longer at Fault for ‘Unintentionally’ Hitting Protestors


The bill, introduced in North Dakota by an oil patch lawmaker will provide exemption only if it can be proved that it was an accident. For so long, anybody who hits a pedestrian, even if not at fault was technically at fault. This would leave the burden of proof on the pedestrian.

“It’s shifting the burden of proof from the motor vehicle driver to the pedestrian,” said Rep. Keith Kempenich, R-Bowman, who admitted the bill is in response to the Dakota Access Pipeline protests in southern Morton County.

He said a response, in the form of House Bill 1203, was needed after groups of protesters blocked or gathered close to roadways and caused problems as motorists tried to drive by.

“They’re not there for the protesters,” said Kempenich of public roadways as a staging point. “They’re intentionally putting themselves in danger.”

Kempenich said his mother-in-law, on a few occasions, was traveling south of Mandan and came upon groups of protesters gathered on and near roadways.

He said, on one occasion, about 100 cars were parked along a road in Morton County and his mother-in-law was passing through and slowed down. He said at one point an individual jumped out in front of the vehicle and was waving a sign.

Kempenich said one should consider what might happen if someone panics when coming upon a group of people gathered along a public roadway. He said an unintentional tragedy may occur “if they’d have punched the accelerator rather than the brakes.”

No committee hearing has yet been set for HB1203. Kempenich said some adjustments may be needed to clarify language but called the bill a reasonable move even if it may rarely, if ever, be applicable to occurrences outside of the protests.

The Dakota Access Pipelines, though headline gripping, haven’t exactly been the size and scope of some of the BLM or Anti-Trump protests that have been in the media and all over the Internet, but the same thing applies. If you’re blocking traffic by standing in the middle of the street intentionally and a car doesn’t see you, you deserve to not only get hit, but be at fault for it. It’s like jumping off a building and then blaming gravity for your demise. You shouldn’t have jumped in the first place.

 

Source: m.bismarktribune.com

 



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