What about the case of somebody with a diabetic coma and their car v. you on the sidewalk? Who wins that one?Is driving on my own private property a privilege?
No. As long as there is no public access (i.e. I put up fences) I can drive all I want on my own property without a license or registration, or inspection, and the State can't say or do a damn thing about it.
Driving a car is my RIGHT.
The only contestable part is whether it is a privilege to drive on a public road. According to some court decisions it is NOT.
<Redacted the case cites to fit into the Topix 4000 character limit.>
The roads are collectively owned by WE THE PEOPLE, and while drivers should be REGULATED by laws, and licensed for the safety of all, the State has no right to dole out driving like its some sort of gift for being a good citizen. You and I OWN the public system of roads, and therefore you and I have a RIGHT to use them.
You soft spined weaklings have gotten so used to government telling you what you can and can't do. You make me sick. Go look up the definition of liberty.
Regardless of right or priviledge, when medical impairments prevent the safe operation of a conveyance (auto, plane, bus or truck) the Government has an obligation to intervene. Which is also why those who have CDL's, pilot licenses, Master's licenses for ships all are required to submit to physicals. To detect a physical impairment that might inhibit the ability to safely operate. None of the cited cases specifically deal with driving. They deal with the right to travel or transit. Your cites don't say drive, nor do they say operate a motor vehicle.
That's why all states implicity tell you and issue you a driver's license. It's their autorization for you to conduct an activity. That's why they don't issue voter's licenses, but registrations.
Cite all the case law you want, but the bottom line is this broad should not have been driving that day, and until she can prove to the courts that she can control her disease to the extent that she can safely operate a motor vehicle, she should not be allowed to drive. Can she drive on her private property? Sure. But the problem was, and still is, the road that she drove off of, and the sidewalk she drove onto, were not on private property.
If you feel so strongly about this, maybe you can go pro bono on this with her.