I think the person using the scooter bears more responsibility only because you can do a lot of damage with a scooter compared to a person walking. That's why I stated it's a minimobile - it doesn't stop on a dime, and requires more than a reflex signal to get it to stop. There's just an inherent liability involved.
As I stated in my previous post, it depends on the flow of traffic as to 'who steps in front' - and who is in the right - so if the main flow is down Main Street, and someone walks at right angles to cross the street in front of an ECV, then the ECV should have the right of way. But if all are going in the same direction, and there's no single lane of trafic, then no one is at fault.
The real life crosswalk example - this shows how an ECV is really a vehicle. The person in the crosswalk has the right of way, traffic is supposed to stop as soon as that person puts a foot into the crosswalk (or you think they will). Of course lots of drivers don't pay attention, or think the pedestrian should wait until it is clear, so the pedestrian uses common sense and looks both ways. But that's just because of the bad drivers.
No the person in the ECV does not bear more responsibility. Everyone needs to be aware of what is around them an ECV is not a vehicle so don't compare it that way. There is no inherent liability and your post actually makes no sense since you are comparing it to pedestrians and motor vehicles, a mobility device is not a motor vehicle.
I realized on my recent trip that when you need a mobility device, I can't use a wheel chair because of the weakness of the muscles in my arms, you become invisible not only to other people but to some cast members as well the so called pedestrians need to look out for other people and not just those at their eye level.
Actually the ECV does stop on a dime as soon as I let go of the lever it stopped. To be quite honest I don't care of the "damage" that can be done with a mobility device as long as it is being operated in a safe manner, it does't give carte blanche to the able bodied to not pay attention.
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