Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

Were you playing Pokémon Go when that pickup struck you?

It is common knowledge that distracted driving increases the chances of accidents. Texting, talking or playing Pokémon Go on the cell phone can all increase the danger for all the other drivers and pedestrians around you. When someone is playing Pokémon Go while driving and hits a pedestrian crossing the street, in the vast majority of cases the driver would be liable for the damages caused to the pedestrian as a result of the accident.

However, one type of distraction that does not get as much attention is distracted walking. Claims arise in which pedestrians are found to be legally liable for accidents when they were playing Pokémon Go, texting or otherwise paying attention to their smart phones instead of the road. 

 

Distracted Walking

According to an article in Healthline, distracted walking is becoming a trend. While Pokémon Go was the first smart phone innovation to draw such heavy media attention, listening to music, talking on the phone, texting, surfing the internet and a number of other activities could be considered distracted walking.

Of course, distracted walking will increase the likelihood of serious accidents. Playing Pokémon Go or engaging in any other smart phone activity makes it much more difficult to see approaching vehicles.

The healthline article cites an Ohio State University research initiative that estimated approximately 1,500 pedestrians who were treated for serious injuries resulting from their cell phone use, including people struck by cars while talking or texting, as well as people tripping or running into fixed objects while distracted by their phone.

Placing Liability

In pedestrian accidents, most cases involve the driver being at fault and liable for injuries and other damages that occur as a result. However, if the accident is caused by a pedestrian walking into traffic while gazing at a cell phone, the case could easily go the other way.

There are significant physical and legal dangers involved with distracted walking. Please be smart and be careful while walking with your cell phone. If you have been injured in a truck accident, talk with an experienced attorney to get the legal help you need.

 

 

 

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