Wednesday, July 22, 2009

Unfair Is Unfair

The last time I saw Rosemary from Cool Ice Cream, she was being driven away in the front of a police car. I should add that she went willingly. So why was she being escorted away by the police? As an eyewitness, I feel qualified to tell you the story.

Monday afternoon we were downtown running errands and crap. We decided to stop at the loncherias in front of the municipal market. As we rounded the corner, I noticed that Rosemary was just ahead of me. I also noticed that a tourist on a rented motor scooter made the corner right behind me.

As we got close to the entrance to the parking lot for the market, the tourist suddenly gunned the motor on his scooter and sped by me. His intention was to pass both me and Rosemary ahead of me. Unfortunately, he didn't make it.

I'm sure that Rosemary did not even see him. Or if she did, it was too late to do anything. She clearly had her left turn signal on. Something the idiot on the scooter probably never even saw.

Rosemary started her left turn into the parking lot, cutting this idiot on the scooter off. He had no choice but to hit his brakes....hard. By the look of his crash as it was happening, I think he only applied the front brake. Or maybe the back brakes weren't working. It was a rental scooter after all.

In the following diagram, which is hard to see I know, you can see how it went down.

The tourist was not badly hurt. Despite the fact that he did some cobblestone kissing. His right knee and leg were scraped up and he was bleeding. I hope it hurts like hell. He put every body's well being in danger by his antics. Yes, it is legal to pass on the left. But not at a highly accelerated speed and not without paying attention to what is in front of you.

His rental scooter was badly damaged. Still drivable though. The last I saw of him, he was back on it and driving away. No doubt to go to the hospital to rack up a bill and then back to the rental company for an assessment of damages. Both at the instruction of the local police.

I was able to briefly talk to Rosemary before she was taken away. I was appalled and sickened to hear that the police were assessing 100% of the blame for causing this accident on her!

Why? The reason they gave was news to me and I have been going to those loncherias and that market for the past 19 years or so.

If you look at the diagram I drew, you will see that there are two entrances to the parking lot. Except there really isn't. It seem that the entrance Rosemary turned into is really an exit! Who knew? I have seen tons of people enter through the "exit" and have done it myself. I have even seen police cars do it. What is very important to note here is that there is absolutely no signage whatsoever to indicate that one is an entrance, the other an exit! None. Zero. So how are people supposed to know this? Divine wisdom or something?

There is no doubt in my mind that Rosemary was not at fault. She made a correctly indicated left turn. If this tourist had not been hotrodding on his rented scooter, which he evidently did not know how to drive in the first place, this never would have happened. I simply can't fault Rosemary for entering through the exit when nobody on this island, other than the police officers in attendance today, knew there was a difference between the two. Not even the owners/employees at the loncherias knew it!

If you ask me, a great travesty of justice was done on Monday. I hope Rosemary contests this.

UPDATE: I spoke to Rosemary's partner today. She had to pay a 400 peso fine AND for the damages to the scooter! Life can be so unjust sometimes. When I asked him why she paid instead of contesting the lack of signage, he replied that she did not want to spend anytime in jail.


Steve Cotton said...

My lawyerly hackles are up. But, you know as well as I do that even in The States the law is not fair. It is merely the law. But where is the basic issue of notice? Not even civil code nations are that oblivious to procedural due process.

Life's a Beach! said...

Oh no. So sorry for Rosemary. She doesn't deserve that, but I can see her being worried about spending time in jail. How can you claim it was an exit if it's not even signed!

Anonymous said...

That does suck.
Nothing like an accident to clarify the law.

I hate it when bad things happen to good people.

Well at least she was in a car and not injured.

Anonymous said...

I wouldn't be surprised if the tourist was also told to pay for all the damages...when opportunity knocks....everyone wants the mordida.

Nancy said...

Wow, makes me nervous to get out there and drive at all.

Rosas Clan in Tulum said...

I am so sorry for your friend. Luckily we can rest assured that Karma is going to take a huge bite out of that tourist. It might take some time but it will happen.

I am glad that your friend is okay. Man, tourists on motors are just a bad idea.

Calypso said...

Of course in the strictest sense Rosemary was duty bound to not accept a bad call - but then Mexican jail time will illicit conduct for survival I suppose.

I, like you, wish she had fought the issue tooth and nail!.

My Way said...

It's a crappy situation and it happens often. What I want to know is who actually got the money for the "fine" and the "scooter damages"?

And like someone else said, they probably put the tourist through the same thing and the tourist had to pay as well.

Hope you are well Wayne. Hugs!

IslaZina said...

That is a crying shame. Maybe, if Wilberth remounts my golf cart motor in time, I'll go to town tonight and check the fish painted on the intersections. Gilligan says they will be gone soon. He took great pleasure being the first to drive a motorcycle over one. When he went back, it was all scuffed up. Money well wasted.
Oh yes, I have been home 4 days because the motor mount has withered away, explaining those bumps and thunks I was hearing.