Smart Phone Causing More Pedestrian Car Accidents?

In 2012, there were 168 pedestrians killed and 4,548 injured in car accidents. This was an increase from 2011.  41%, the largest number of fatal pedestrian accidents occurred when the pedestrian was entering a crossing or specified location.  The highest number of pedestrian deaths were for those age 75 and over. Other age ranges with a high number of deaths include 50-54 and 20-24.

2012 Texting Pedestrian Study by Researchers from the University of Washington monitored 20 of Seattle's busiest intersections and observed the following:

Pedestrians who text are 4 times LESS likely to look before crossing the street, cross in crosswalks, or obey traffic signals.They also found that texting pedestrians take an average of two seconds longer to cross the street.

Negligence Claims:

Usually, any recovery in a pedestrian negligence case involving a motor vehicle will hinge upon the exact duty of care owed by those involved. Both drivers and pedestrians must adhere to the laws of the road and exercise reasonable care.

In many cases, it may seem obvious who was careless or negligent, but the courts look to a number of factors in applying the facts of each case to the elements of a "negligence" claim. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.

Driver's Duty of Care Generally:

People who operate automobiles must exercise "reasonable care under the circumstances." Any failure to use reasonable care is considered negligence. 

A few of the most common factors contributing to driver negligence are:

• An inattentive or pre-occupied driver• A driver's failure to observe posted speed limits

• A driver's failure to yield the right of way to pedestrians at marked cross walks

• Disobeying traffic signs or signals

• Failing to signal while turning

• Disregarding weather or traffic conditions

• Driving under the influence of drugs or alcohol

* Texting while driving

Pedestrian's Duty of Care:

A pedestrian must exercise reasonable care for his or her own safety. The care required of the pedestrian must be in proportion to the danger to be avoided and the consequences that might be reasonably anticipated. Comparative negligence may be assessed against a pedestrian if they failed to exercise such care and directly contributed to the cause of their own injuries.

A few of the most common factors contributing to pedestrian negligence are:

• Pedestrians who ignore the "walk" signal at an intersection

• Pedestrians who enter a stream of traffic and disrupt the flow

• Pedestrians who fail to use marked cross walks

• Pedestrians who "dart" in front of a vehicle

All to often we hear about pedestrians being struck by a motor vehicle. The driver must remain vigilant at all times. Similarly, pedestrians must be vigilent as well whenever crossing any road way.  This is such a preventable accident, and lives can be saved if everyone is vigilant. Pedestrian Car accidents usually result in serious injuries to the pedestrian because the pedestrian is not shielded or protected in any fashion from a impact with a motor vehicle.

To learn more, visit our www.snyderwileslaw.com. If you’ve been injured due to the negligence of another person and have sustained injuries, to schedule a free consultation to discuss your car accident or personal injury case, contact Gladys Wiles, the Lehigh Valley Personal Injury Attorney at Snyder & Wiles, PC today at 610-391-9500.  

Gladys Wiles

Snyder & Wiles, PC

7731 Main Street Fogelsville, PA 18051

610-391-9500