Distracted Walking Accident Attorney

Distracted walking is a problem in cities across the U.S., including in Cleveland, Ohio. When pedestrians cross the street without paying attention to their surroundings, they could be injured in a collision with an oncoming motor vehicle. In many cases, the simple task of looking where they were going could have prevented the collision and resulting pedestrian injuries.

For example, a person crosses the street within a crosswalk in downtown Cleveland and is struck by an oncoming motor vehicle. At the time of the accident, the victim was texting on his/her phone and did not see the oncoming car speeding down the street. However, just because a pedestrian is distracted does not mean the motorist is not responsible for the injuries in the crash. Automobile drivers in Ohio have a duty to pedestrians, and they must give pedestrians the right of way, even if the pedestrian was not looking as they crossed the street.

As a Cleveland accident attorney with years of experience serving Ohioans, I know how important it is to obtain compensation after an accident, even if you bear some of the responsibility for the collision. The party at greater fault—the motorist—should pay for your medical bills, therapies, medication and lost wages if you had to miss work due to your injuries.

What is Distracted Walking?

Distracted walking is a relatively new term that refers to a situation in which a pedestrian is walking but is not focusing his or her attention on the task of walking. It is akin in some ways to distracted driving, or operating a motor vehicle without focusing attention on the task of driving. The following information contain some facts about distracted walking from the American Academy of Orthopedic Surgeons (AAOS):

• 78% of adults think distracted walking is a serious problem;

• 75% of adults regularly walk while engaged in conversation;

• 37% of people admit to walking and talking on a phone;

• 34% walk while listening to music;

• 28% of adults walk while using a smartphone; and

• 38% of adults admit to “zoning out” while walking.

Distracted walking does not have to involve use of a smartphone or other technology. As you can see, distractions can include any kind of actions that take a person’s attention away from the task of walking safely.

Types of Distracted Walking

Distracted walking is a growing problem that can lead to serious pedestrian accidents. It occurs when a distracted walker engages in activities such as texting or talking on a cell phone while walking. Their attention is diverted away from traffic and other objects in their path. These distractions can have dire consequences, increasing the risk of accidents and catastrophic injuries.

Whether you are texting, answering work emails, or on a call with your boss, distracted walking happens much too frequently. Ohio law states pedestrians have the right of way, and motorists must be cautious of people walking as they drive.

Remember, if your were hit by a car when walking, even if your attention was diverted away from the road, it may not be your fault. If you have questions, call me for a free consultation, and I will meet with your at your convenience.

Texting or Messaging

Texting or messaging while walking is one of the most common forms of distracted walking. A distracted walker who is engrossed in sending or receiving text messages while in motion may not notice other objects or traffic in their path. This scenario often results in serious pedestrian injuries.

If, however, a pedestrian walks into oncoming traffic and the driver does not have time to react they may not be held responsible. If, on the other hand, the driver was speeding and couldn’t react quickly enough and hit you, they may be held responsible.

Talking on the Phone

Engaging in a phone conversation while walking can divert the attention of a walker from oncoming traffic and other obstacles around them. This is especially true if the pedestrian is engaged in an important conversation. This type pf distraction increases the risk of an accident, and may result in serious injury.

Listening to Music or Podcasts

Wearing headphones or earbuds while walking and listening to music, podcasts, or audiobooks can isolate a distracted walker from the sounds of traffic and other objects in their surroundings. Cleveland and its suburbs are filled with people listening to music as they run, walk their dogs, or walk between classes at Cleveland State and John Carroll University. This lack of awareness may lead to accidents with serious consequences, and drivers must to be aware at all times.

Watching Videos or Movies

Watching videos or movies on a cell phone while walking can make a distracted walker oblivious to the traffic and other objects in their path.

Using Social Media

Scrolling through social media feeds or posting updates on a phone while walking diverts the attention of a distracted walker from traffic and other objects in their immediate vicinity.

Reading

Reading a book, e-book, or any written material on a cell phone while walking can make a walker far less aware of traffic and other objects in their path.

Playing Mobile Games

Engaging in mobile gaming on a cell phone while walking, demands visual and mental concentration. As a results, the walker will be less attentive to the cars and trucks on the roads, and other objects around them.

Daydreaming

Although it may be assumed someone involved in an accident while walking was using technology, that is not always the case. Allowing one’s mind to wander or daydreaming while walking can reduce a walker’s awareness of their surroundings. Distracted walking is not a new concept, as it has always been extremely important for drivers to be aware of pedestrians.

Eating or Drinking

Consuming food or beverages while walking can divert the attention of a walker from traffic and other objects in their path.

Using Navigational Apps

While GPS and navigational apps are helpful for finding one’s way, staring at the device’s screen will create a distraction for the walker. As a result, they are less aware of moving vehicles.

Carrying Out Personal Grooming

Grooming oneself while walking can also very be distracting for a pedestrian. Putting on lipstick while glancing into a small handheld mirror, or looking down while trying to put hair in a ponytail, are just 2 examples where their focus is taken away from traffic and other obstacles around them.

Talking with Others

Engaging in deep conversations with others while walking can cause a a person to lose track of their surroundings. They are more susceptible to injury by being hit by a car or a truck.

Multitasking

Attempting to complete multiple tasks while walking, such as checking emails or jotting down notes, can splinter a walker’s attention. Multitasking behavior makes individuals far less aware of the traffic and objects in their immediate space. This results in an increased risk of distracted walking accidents and severe injury.

When getting behind the wheel, drivers have an obligation to pedestrians to ensure their safety. When driving through downtown Cleveland, local college campuses, or suburbs with kids at play, it is imperative for drivers to remain alert for pedestrians. Just because someone walking becomes distracted by their phone, book, or just simply daydreaming, does not mean the driver will be at fault for the accident.

I’ve been a personal injury lawyer in Cleveland for more than 40 years, and if you’ve been injured because someone operating a motor vehicle was not paying attention while driving, you need to call me and I’ll Make Them Pay!®

Common Injuries

When a distracted walker is struck by a car, the resulting injuries can range from minor to catastrophic. The specific nature of the injuries depends on various factors, including the speed of the vehicle at the time of the contact, the point of impact, and the pedestrian’s age and physical condition. Listed below is a detailed description of the injuries that a distracted walker could suffer if they are hit by a car:

1. Bruises and Contusions:

   • Even in relatively low-impact collisions, distracted walkers can sustain significant bruises and contusions. These injuries occur due to the force of the impact and contact with the car’s surfaces. While bruises may seem minor, they can still cause pain and discomfort.

2. Cuts and Abrasions:

   • When a pedestrian is struck by a vehicle, they may come into contact with the vehicle’s sharp edges or the pavement. This can lead to cuts and abrasions, especially if the pedestrian is thrown onto the vehicle or onto the ground upon impact. These injuries may require cleaning, bandages or other dressing, stitches or further medical attention.

3. Fractures:

   • The force of a collision between a vehicle and pedestrian can result in many broken bones. Pedestrians may suffer fractures in their limbs, ribs, or even the skull. Fractures can range from minor, requiring casting or splinting, to severe, which may necessitate surgical intervention and rehabilitation.

4. Head Injuries:

   • Head injuries are a common and concerning consequence of pedestrian-car accidents. These injuries can vary in severity, from concussions, to traumatic brain injuries (TBIs). TBIs can have serious and long-lasting consequences, affecting cognitive and physical functions.

5. Facial Injuries:

   • The face is particularly vulnerable in pedestrian-car accidents. Injuries may include facial fractures, lacerations, or damage to the eyes, nose, or mouth. Facial injuries can have both physical and psychological effects, requiring medical treatment and potentially reconstructive surgery.

6. Neck and Spinal Injuries:

   • The sudden impact of a car collision can cause neck and spinal injuries, such as whiplash, herniated discs, or even paralysis in severe cases. These injuries can be debilitating and may necessitate long-term medical care and rehabilitation.

7. Internal Injuries:

   • The force exerted during a pedestrian-car collision can lead to internal injuries. These may include organ damage, internal bleeding, or punctured lungs. Internal injuries can be life-threatening and require immediate medical intervention.

8. Pelvic Injuries:

   • Fractures and injuries to the pelvis are common in pedestrian-car accidents. These can be extremely painful, and may require surgical intervention and long-term physical therapy..

9. Lower Extremity Injuries:

   • Injuries to the legs, knees, and feet are frequently observed in pedestrian-car accidents. Injuries can range from fractures and dislocations to soft tissue damage. Recovery may involve surgery, casting, or physical rehabilitation.

10. Soft Tissue Injuries:

    • Damage to muscles, tendons, and ligaments can result in sprains, strains, or other soft tissue injuries. These can be very painful, and may require physical therapy and rehabilitation to ensure a full recovery.

11. Amputations:

    • In the most severe cases, a distracted walker may suffer limb amputations as a result of the collision. This is a life-altering injury that requires extensive medical care, rehabilitation, and psychological support.

12. Burns:

    • Contact with hot vehicle components, or friction with the road surface can lead to burn injuries. Burns may vary in severity and can result in scarring and the need for specialized burn care.

13. Psychological Trauma:

    • Being involved in a pedestrian-car accident can cause significant emotional trauma. This may manifest as post-traumatic stress disorder (PTSD), anxiety disorders, or depression, and often requires psychological counseling and support.

14. Secondary Infections:

    • Open wounds sustained in the accident may become infected if not treated promptly and appropriately. Infections can complicate the recovery process and require additional medical attention.

15. Death:

    • In the most tragic cases, pedestrian-car accidents can result in the loss of the distracted walker’s life. Fatalities not only have devastating consequences for the individual involved, but also deeply affect their loved ones.

Any car accident can have devastating consequences for those involved, but it is especially dangerous when a pedestrian is involved in the accident. Injuries may require expensive treatments, future medical bills can pile up, and the injured may lose wages because they are unable to work. Injured victims need time to recover, and compensation to afford proper care for your injuries. Call me, and while you heal, I’ll take care of the legalities of your injury claim.

 Timetable for Filing a Distracted Walking Claim in Cleveland, OH

 If you need to file a claim after being involved in an accident, Ohio law has a two-year statute of limitations on most personal injury claims. This means you need to file your lawsuit within two years from the date of the accident.

 Comparative Fault in a Cleveland Distracted Walking Accident

Even if you are partially at fault for an accident in which you were struck by a motor vehicle, you should know that you can still obtain compensation. Ohio’s contributory fault law allows a plaintiff to obtain damages (reduced by his or her percentage of fault) as long as the plaintiff is not 51% or more at fault.

Contact Me for Help with Your Distracted Walking Accident

Were you injured in a pedestrian accident caused by a motor vehicle driver, but have concerns about your degree of fault, don’t worry! I will do my best to show that you do not bear any, or just minimal responsibility for the accident. Yet even if you are partially to blame, I will obtain the compensation you deserve and I’ll Make Them Pay!® Call me today at 800-556-4769 for more information about filing an injury claim.