Whether texting, listening to music or scrolling through social media posts, the number of distracted pedestrians has significantly increased in recent years. Almost anyone who travels around in busy sections of town can attest to the alarming number of people not paying attention while walking. Unfortunately, distracted pedestrians can easily place both themselves and others in considerable danger.
What are the Consequences of Distracted Pedestrians?
Since 2004, the number of severe injuries to pedestrians using their smartphones has more than doubled. Recent research reveals that over 60 percent of pedestrians are distracted by other activities while on foot. As a result, more and more people are randomly tripping over curbs, waking into oncoming traffic, and falling down steps. This can be particularly troublesome for motorists when distracted pedestrians attempt to cross streets while looking at their phones instead of oncoming vehicles. Drivers may be forced to swerve out of the way and into other cars. Crossing the street distracted is even more dangerous when motorists fail to pay attention.
When inattentive drivers are unable to avoid hitting pedestrians, the consequences can be devastating. Pedestrians are 1.5 times more susceptible to suffering fatalities in collisions than occupants of vehicles. According to the National Highway Traffic Safety Administration (NHTSA), in 2018 alone, almost 6,300 pedestrians were killed in traffic accidents. In cases where distracted pedestrians are fortunate enough to survive, their injuries often leave them permanently disabled or even brain damaged.
Comparative Fault Claims for Distracted Pedestrian Accidents
It is important to remember that no text, call, or social media update is worth suffering severe injury or worse. While distracted pedestrians may be partially at fault for accidents, drivers who fail to use reasonable care can still be held accountable. New York State allows plaintiffs to recover compensation for their injuries even if they are somewhat responsible. Our battle-tested attorneys possess the experience and skills necessary to meticulously investigate your accident to gather evidence to prove that:
- The driver owed a duty of care to you;
- The driver breached that duty of care by acting negligently;
- The breach of the duty of care caused your injury; and
- You suffered actual damages as a result.
A distracted pedestrian’s damages would be reduced by the percentage that they are at fault. For instance, a pedestrian who is found to be 35 percent at fault for crossing the street and getting struck by a car can still recover compensation from a motorist who was 65 percent at fault. However, the damages recovered would be reduced by 35 percent. If we assume that the total damages were $200,000, this means that the plaintiff would recover $130,000.
Confer with an Elite Buffalo, New York Pedestrian Injury Attorney
The Dietrich Law Firm P.C.’s compassionate team understands that everyone makes mistakes. Even if you, or a loved one, were seriously injured while walking distracted, you may still be entitled to pursue monetary compensation in a personal injury lawsuit. Our top priority is to ensure that you get the compensation that you deserve for all your economic and non-economic damages, such as medical bills, rehabilitation costs, lost wages, pain and suffering, loss of consortium, disfigurement, and permanent disability. Jed Dietrich, Esq., distinguished as a New York Super Lawyer, recently fought to obtain a $2,500,000.00 settlement for the family of a 48-year-old Hamburg man who was fatally struck by a bus. We are available 24 hours per day and 7 days per week by calling 716-839-3939 or filling out the online consultation form.