Distracted Walking Accidents

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Distracted Walking Accidents

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 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.


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.


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.


Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.