You have most likely seen them, people who walk with their heads down, eyes glued to the screen of their smartphone as they navigate the bustling sidewalks and streets. “Petextrians,” as they are affectionately called, are engaging in what the National Safety Council calls distracted walking. Distracted walking accident injuries are on the rise, as you might have guessed. In 2017, there were nearly 6,000 pedestrian fatalities, according a Governor’s Highway Safety Association report. The NSC warns that Americans are losing their focus on their surroundings and placing themselves in danger.
There were so many pedestrian fatalities and injuries associated with texting while walking for the second year in a row, that the National Safety Council added the category of “distracted walking” to the injury statistics that they gather each year.
Distracted walkers, meet distracted drivers
People who engage in distracted walking seem to have the mistaken idea that the world around them is in suspended animation as they move through it. But, they would be wrong. Imagine the catastrophe that would occur if a distracted walker – staring intently at their phone – wandered across the street in front of a driver who was also staring at the screen of their mobile device.
Who is liable in a distracted walking car crash?
Pedestrians generally have the right of way within a marked pedestrian walkway. In fact, pedestrians almost always have the right of way when crossing the street. Drivers must remain alert when driving in locations where pedestrians are present and yield to pedestrians. For safety purposes, it is vital that pedestrians look up, and look both ways, before crossing the street. It is also vital that drivers put their phones down and keep them out of sight when they are driving.
In most instances, when there is a pedestrian collision with a motor vehicle, the driver will be held liable If, however, the pedestrian is jaywalking with their head down and completely unaware of traffic, the driver will probably not be held liable for that accident. Any kind of motor vehicle accident can be complex and you are best served by an experienced car accident attorney if you have been injured in a crash.
Your car crash or pedestrian accident case is important to us, and we want to help you. Please call Crandall & Pera Law today at 877-686-8879, or fill out our contact form to schedule a free, no-obligation consultation with an experienced car crash lawyer in Ohio or Kentucky.