Distracted driving is the most common cause of car accidents involving pedestrians. According to the Governors Highway Safety Association, from 2008 to 2017, pedestrian fatalities increased by 35 percent. A recent study from the University of Nebraska Medical Center (UNMC) found that deaths of pedestrians and cyclists are increasing although motor vehicle deaths are declining nationally. If you or someone you know was injured in a car accident, you may be eligible for compensation.
Driver Liability
Drivers may be held liable for a pedestrian accident if it is found that the accident was caused by the driver’s negligence. Examples of negligence include:
- Distracted driving, which includes texting or using a cellphone while behind the wheel, listening to loud music, eating, talking to passengers, and reaching for things.
- Driving while under the influence of drugs or alcohol.
- Ignoring traffic lights and signs.
- Failure to follow the given speed limit.
- Ignoring weather and traffic conditions.
Types of Distractions
Distractions may take place inside and outside a vehicle. Distractions that happen inside the vehicle include the use of a cellphone or other handheld device, messing with the car radio, children in the backseat, and daydreaming. Distractions that happen outside of the vehicle include loud sounds, construction work, street vendors, and advertisements.
Driver Liability versus Pedestrian Liability
Both drivers and pedestrians have a legal responsibility to exercise reasonable care. Failure to do so may lead to devastating consequences. If a driver is found to be liable for a car accident, they may be held responsible for any medical expenses and lost wages incurred by the injured party. If the pedestrian is found liable for the accident, it may negatively affect their chances of recovering damages.
When Pedestrians Cause Car Accidents
Pedestrians may cause a car accident in a variety of ways, some of which include:
- Wearing dark clothing
- Ignoring a walk sign at an intersection
- Jaywalking
- Intoxicated pedestrians trying to cross a street
- Using a cellphone or other handheld device when crossing
- Not using the proper signals when on a bicycle
When a pedestrian is responsible for causing a car accident, the driver may not face the same type of lawsuit as they would if they were responsible for causing the accident.
Delaware County Personal Injury Lawyers at Eckell Sparks Represent Victims Injured in Distracted Driving Accidents
If you or someone you know was injured in a car accident, contact a Delaware County personal injury lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Our experienced lawyers will fight for your rights. For a free consultation, contact us online or call us at 610-565-3701. Located in Media and West Chester, Pennsylvania, we serve clients throughout Delaware County, Chester County, and Montgomery County.