subject: Reflective Vests - No Vest Can Cost Lives. [print this page] Sometimes when a pedestrian doesn't wear a reflective vest, and an accident occurs, it's not the pedestrian that is injured - but instead the motorists. A widow in New Zealand has been outspoken over the death of her husband as the result of a crash where he attempted to avoid an early-morning jogger that was not wearing any high visibility clothing.
Her husband was a 52 year old retired preacher who died after driving into a power pole just after swerving to miss a jogger on a rural central North Island road. The jogger in question was believed to be the cause of the accident but after a lengthy investigation it was determined that he was not at fault.
According to Detective James Middleton, the jogger "is a local lawyer subject to previous complaints about running at night without reflective clothing and no high visibility safety clothing. On this occasion he was wearing a fluorescent top with a small strip of reflective tape across the back"
According to the road code of New Zealand, anyone jogging at night should wear light or white colored clothing at a minimum. To improve safety, cyclists and joggers/runners should wear reflective tape that enhances visibility by 360 degrees. This way, the pedestrian can be seen from every direction in the event of an oncoming car swerving or coming too close. The high visibility clothing and retro-reflective tape will alert the driver to the presence of the jogger from as much as 1500 feet.
"It's open to interpretation and that could be one of the factors in the decision not to charge," Middleton said. "But [his clothing] doesn't make the grade, in my opinion. He believed it did." The burden of proof was high in such a case, he said. "For example, you have to prove he was so reckless in his actions that it amounted to an unlawful killing. That's a very, very high standard."
Some citizens are upset because they claim since the accident the jogger, Richardson, has been seen running at night without any kind of reflective gear. When later questioned about his activities post-accident, Richardson refuses to comment on additional complaints but asserts that when he runs during night time hours or early morning, he utilizes a reflective vest.
Cases like this raise important issues over the standard of the Road Code in New Zealand for pedestrians and joggers, and Middleton hopes that it will impact others to the point that they more closely consider safety factors when jogging. "Joggers and pedestrians have to appreciate the risk they pose is not only to themselves, but also to other road users, including those in vehicles."
New Zealand Transport Agency spokesman Andy Knackstedt " if people must run or walk on the roadside they should keep as far to the side as possible and make themselves visible by wearing reflective vests, reflective tape, reflective accessories and using reflectors or lights."
