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Tim Misny

Distracted Walking Accidents

PROUDLY REPRESENTING VICTIMS OF BIRTH INJURY, MEDICAL MISTAKES, AND CATASTROPHIC ACCIDENTS THROUGHOUT THE UNITED STATES FOR 38 YEARS

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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 that could have been avoided.

For example, if a person crosses the street inside a crosswalk in downtown Cleveland and is struck by an oncoming motor vehicle, that pedestrian might have seen the car speeding down the street if the pedestrian had not been looking down at his phone. However, just because a pedestrian is distracted does not mean that the motorist is not responsible for injuries in the crash. Automobile drivers in Ohio have a duty to pedestrians, and they must give pedestrians the right of way.

As a Cleveland accident attorney with years of experience serving Ohioans, I know how important it is to get compensation after an accident even if you bear some of the responsibility for the collision. The party at greater fault—the motorist—should have to pay for your losses. 

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 are some facts about distracted walking from the American Academy of Orthopaedic 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 kinds of actions that take a person’s attention away from the task of walking safely.

 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 distracted walking allegations? Do not worry. I will do my best to show that you do not bear any responsibility for the accident. Yet even if you are partially to blame, I will do my best to get you the compensation you deserve. I’ll Make Them Pay!® Call me today at 877.944.4373 for more information about filing a lawsuit.

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