There has been much written and studied regarding texting, driving and even distracted walking. There is no debate when it comes to discussing how deadly the behavior can be. States have enacted laws prohibiting drivers from texting while they are behind the wheel.
However, not only has the country experienced a consistent increase in the number of fatalities and serious injuries caused by texting drivers, there has also been a sharp increase in the number of pedestrians who have been killed or injured in traffic accidents that safety advocates say are a result of pedestrian negligence, caused by people who are out texting and walking.
For better or worse, smart phones have become an integral part of many people’s lives. Drive down any busy street and you will see people walking, looking down at their cell phones, and wearing earbuds. There is even a word for these distracted pedestrians – pedestrian.
Texting and walking causes a dangerous situation, especially for the pedestrian.
Multiple studies have shown that distracted pedestrians often cross streets unsafely and one study even found that a pedestrian takes approximately two seconds longer to cross a street than a fully engaged pedestrian.
Pedestrians also have a duty of care to other pedestrians and motorists.
If a distracted person jaywalks in front of a moving vehicle, a court could find the pedestrian at fault.
At the very least, the court could determine that the pedestrian was partly to blame and therefore, whatever damages awarded for any sustained injuries, reduces under the comparative negligence rule.
Contact a Chicago attorney if a victim of distracted walking.
If you have been involved in an accident with distracted walking, contact a skilled Chicago personal injury attorney to discuss what legal options you may have. Lerner and Rowe can help you through this process. One of our goals: making sure you understand your rights if involved in an accident. Don’t hesitate. Contact us today. We answer your calls to 844-977-1900 24/7. You can also use our LiveChat service or fill out our convenient online form to get help right away.