It’s a beautiful day until someone steps off the curb, glued to their phone, and straight into danger. Distracted walking might seem harmless, but when it leads to injuries, especially those involving vehicles, it can complicate liability and personal injury claims in big ways. Let’s unpack what distracted walking is, why it matters legally, and how it impacts your personal injury claim.
What is Distracted Walking?
We all know about distracted driving, but distracted walking is its sibling. It happens when pedestrians aren’t fully paying attention because they’re:
- Texting, scrolling, or FaceTiming on phones
- Wearing earbuds or headphones
- Looking at GPS directions
- Eating or multitasking
- Engaging in conversation
The numbers are alarming: In 2022, Alabama’s Department of Transportation reported 814 pedestrian accidents, with 112 being fatal. Nationally, the National Highway Traffic Safety Association (NHTSA) reported 7,314 pedestrian deaths and over 68,000 injuries in 2023, with distracted walkers and drivers playing a big role.
Legal Challenges in Distracted Walking Cases
Here’s where the legal terrain gets tricky. Alabama follows contributory negligence. That means if you’re found over 50% at fault, you may lose your claim entirely.
- Example: A texting pedestrian who is hit while crossing might be deemed 51% responsible, which blocks the claim.
- Insurance pushback: Insurers could use distraction to reduce or deny payouts.
- Fault investigations: Was the vehicle speeding? Was the driver distracted or impaired? Police reports may note phone use, and attorneys may rely on witness statements, camera footage, or medical records.
Even when unsafe conditions or negligent drivers are involved, distracted walking can weaken your case. Notably, 49% of Alabama’s fatal pedestrian crashes in 2022 involved pedestrian error.
How Distracted Walking Affects Compensation
If distraction is proven, you might face:
- Reduced compensation: Your final payout may be decreased in proportion to your share of fault. Ex. If you’re found 30% at fault for distracted walking, your award is reduced by 30%.
- Defensive insurance tactics: Adjusters argue your injury was “avoidable”.
- Longer claims: More disputes mean more delays.
In short, Distraction doesn’t erase your rights, but it can chip away at your claim value.
Steps Injured Pedestrians Can Take
Even if you were distracted, here’s how to protect yourself:
- Seek immediate medical care to document injuries.
- Preserve evidence like photos, witness info, and anything that proves unsafe conditions.
- Avoid recorded statements with insurance reps until consulting an attorney. Don’t apologize for anything!
- Contact a personal injury attorney because legal guidance is critical.
Preventing Distracted Walking Accidents
Stay safe with these common-sense steps:
- Keep phones pocketed until you’ve stopped walking.
- Make eye contact with drivers before crossing.
- Use only one earbud and lower the volume.
- Stick to crosswalks and avoid walking in dark or high-speed areas.
- Wear reflective clothing at night.
According to AL DOT, pedestrian fatalities in Alabama have jumped 90% since 2013, largely due to electronic device use while walking.
Distracted walking isn’t just a minor nuisance; it’s a growing danger with legal consequences. If you have been injured, even if distraction was a factor, Timberlake, League, & Brooks can help untangle your claim. Sidewalks may be solid, but your personal injury claim won’t be unless you’re on steady legal ground.
