The Dangers of Distracted Walking: Pedestrian Accidents Caused by Smartphone Use

While many people discuss the dangers of distracted driving, few address the hazards of distracted walking. Using your smartphone while walking down the street can lead to various injuries. At best, you might walk into a trashcan or a utility pole. At worst, distracted pedestrians may walk into traffic, risking serious injuries from passing vehicles. What options do you have after such an injury? Can you still sue if you were partially responsible for your pedestrian accident? How can we reduce the threat of distracted driving and pedestrian accidents in Texas?

If you or a loved one were injured due to a pedestrian accident, call David Sanchez Law Group, PLLC today for a free consultation at (972) 529-3476.

What is Distracted Walking?

Distracted walking is a relatively new term referring to accidents that occur due to pedestrians using their smartphones. Walk down a typical street in a major Texas city, and you’ll notice people of all ages with their noses buried in their phones. This behavior is no longer limited to young people, as almost everyone has developed an addiction to their smartphones.

While often seen as a mere nuisance, smartphone distraction can lead to serious pedestrian accidents. For example:

• A pedestrian might walk onto a road without checking both ways, risking impact from a passing vehicle.

• A distracted walker might turn a corner and collide with an e-bike or e-scooter rider on the sidewalk.

A smartphone can distract a pedestrian in much the same way as a driver. However, there are key differences:

1. Speed: Distracted walking might be considered less dangerous than distracted driving due to lower speeds. A driver glancing at their phone on the highway might “fly blind” for several hundred meters, while a distracted pedestrian may only walk a few yards with similar visual obstruction.

2. Vulnerability: While drivers might lose visibility for many yards while distracted, they’re protected by their vehicle’s safety features. Pedestrians have no such protection and bear the full force of any impact.

What Happens if I am Accused of Distracted Walking After a Pedestrian Accident?

From a pedestrian’s point-of-view, it may be difficult to accept blame for an accident, even if you were distracted by your smartphone. You might think that as a pedestrian, you have the right of way regardless of your attention level.

However, Texas law is clear on this matter. If a pedestrian is partially at fault for their injuries, they may lose part of their financial compensation. This system is called “comparative negligence.”

Texas uses a “modified” comparative negligence system. This means you may completely lose the right to sue if you were mostly responsible for your accident. Specifically:

• If you were 51% or more at fault, you lose the right to compensation.

• If you were 50% at fault or less, you retain the right to file a claim and pursue compensation.

A classic example is jaywalking. Crossing the road unlawfully is a traffic infraction that could affect your right to sue. However, if you can prove the driver who struck you was also at fault, you might still recover compensation.

This logic applies to pedestrians distracted by smartphones. For instance, if you walked into the road without checking because you were focused on your phone, you could still recover compensation if you can prove the driver was also negligent.

Driver negligence can take many forms, including:

• Distraction by their own phone

• Speeding

• Intoxication by drugs or alcohol

These forms of negligence could potentially allow you to sue, even if you were partially at fault.

Conclusion

Distracted walking is a growing concern in our smartphone-centric world. While it can lead to accidents, being distracted doesn’t necessarily prevent you from seeking compensation if you’re injured. Texas law allows for shared fault, meaning you may still have legal options even if you were partially responsible for your accident.

If you’ve been involved in a pedestrian accident in Texas, it’s crucial to understand your rights and options. Consider consulting with an experienced pedestrian accident lawyer who can evaluate your case and guide you through the legal process.

If you have been searching for an experienced pedestrian accident lawyer in Texas, look no further than David Sanchez Law Group, LLC. Over the years, we have helped numerous injured plaintiffs – including pedestrians. While you might assume that distracted walking prevents you from filing an injury claim, you may sue even if you were partially to blame for your own accident. It makes sense to consider your legal options before trying to cover your various damages out of your own pocket. To discuss this subject in more detail, call us today for a free consultation at (972) 529-3476.