A pedestrian walking distractedly, not paying attention, or being unable to hear when crossing the road or getting too close to traffic could become and remain liable for damages caused. Criminal charges may be filed against those convicted of distracted walking in some states.
Walking While Texting
The pedestrian may cause a collision if he or she is distracted by a phone rather than the traffic. By not remaining vigilant of moving vehicles, this individual can suffer significant injuries or even death. He or she can also cause injury to other drivers or pedestrians.
You may also see distracted walkers ignoring signs, walking in front of moving vehicles, colliding with cyclists, or tangling with bicyclists. Regardless of whether this pedestrian is merely deflecting attention away from critical aspects for a brief moment, this pedestrian may be liable for catastrophic damage.
Factors that Distract the Driver
It is also possible for someone preoccupied while walking to distract a driver. The driver is at risk for colliding with a vehicle or another object when he or she diverts his or her attention from the road in order to avoid hitting a pedestrian.
The resulting damage can cause significant property damage and personal injuries, and it is likely to involve numerous parties in a claim that is also covered by insurance. The pedestrian can cause serious damage to the vehicle if both of them are distracted.
Effects of a Distracted Driver on a Distracted Walker
Distracted walking may have caused the accident or contributed to the risk of a serious collision. When an individual is not paying attention and walks into traffic, the car nearest to them may collide with him or her, causing severe injuries or death.
If a distracted walker is not watching the road when crossing, another motorist could hit him or cause an accident with another vehicle. An incident involving numerous automobiles and a pedestrian can become more serious.
Distraction Walk and Injuries
When the car is hit by a lethal force, the injuries can result in immediate death. Bruising on the outside of the body can result from broken bones, lacerated skin, and brain damage. Damage may be less severe if the pedestrian is only struck by the vehicle.
Even a slight touch of the car can break a bone. It is quite common for life-threatening injuries to occur when struck by an automobile traveling at practically any speed. As a pedestrian, you have no protection from a hit, and your body may fly away. You may also lose your life instantly.
Claim Distractions
It is possible to place all or most of the blame for the accident on a distracted driver even if the pedestrian was not distracted during the accident. Liability and fault in the state are determined by these factors.
Some states have a law known as comparative negligence in which juries can reduce an award based on the plaintiff’s share of the blame. Compensation will not be paid if he or she is responsible for more than half of the damages.
Both the pedestrian and the motorist may be held partially responsible for the accident if both parties were distracted at the time. Occasionally, drivers are distracted by children, pets, or passengers. Pedestrians sometimes text or talk on their cell phones while walking.
As a result of combining the two, you’ll be able to determine who is at fault and what compensation is due to each party following the accident. When both parties are at fault for an accident, insurance companies will use a variety of strategies to avoid paying out a settlement. To present a persuasive argument, it’s crucial to hire a lawyer.
How Can a Lawyer Help if You Have a Claim of Distracted Walk?
In order to file a claim and negotiate a settlement, the victim will need an attorney. An attorney will be familiar with comparative negligence and fault factors for establishing liability and owed compensation to protect the client’s rights. Deldar Legal Injury Attorneys in California can assist you if you have a valid claim.
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Posted in: Pedestrian Accidents, Personal Injury