The Implications of Distracted Walking on Pedestrians in Accidents

The last thing any motorist wants to do is to hit a pedestrian. The injuries can be catastrophic and the liability can be extreme. This is why so many drivers here in Mississippi try to take extra precautions when driving in heavily populated areas, especially downtown in cities and villages where there are many pedestrians. Many new vehicles feature active safety features that help motorists detect pedestrians that may unwittingly end up in the path of their cars. Nevertheless, we have seen an increase in distracted walking, which only increases the probabilities of an accident. If you have hit a pedestrian or been struck by a motor vehicle, then you are going to want to retain the services of an experienced Mississippi traffic accident attorney to guide you through the claims process and protect your rights.

What is Distracted Walking?

Most people have heard of distracted driving, where a motorist becomes engaged in eating, drinking, making a call, or answering a text message, increasing the chances that he or she will get into an accident. Distracted walking is a similar thing. 

Today’s world is filled with distractions, especially those involving our favorite electronic devices. Whether texting on our cellphones or listening to our favorite music in our headphones or earbuds, there are many things that can grab our attention, which can be hazardous when walking in heavily trafficked areas. When you are walking down a country road or crossing the street in the city, it is crucial that you pay attention to the motor vehicles around you. Each of these can collide with you if you are not careful.

Walking in these areas requires you to stay alert to your surroundings. Talking on the phone or with friends can make you lose yourself in conversation so you are not aware of being perilously close to an oncoming vehicle. Listening to loud music may drown out the horn of a vehicle that is trying to avoid striking you. Reading texts while you walk may cause you to veer off the sidewalk without even knowing it. Any of these actions can lead to disaster.

What is the Standard for Driving Accidents?

Mississippi has a comparative fault system for driving accidents. This means that it looks at each party’s percentage of responsibility for causing the collision. So, if there are two drivers and one was 30% at fault and the other was 70% at fault, then the driver who was only 30% at fault can still collect up to 70% of his or her damages for personal injuries and repairs to the car. In this situation, the one who was 70% at fault will be limited to collecting only 30% of his or her damages. From a practical standpoint, this means that the system will consider all factors that contributed to the accident in apportioning fault. The judge and jury in the case will hear all of the evidence and then decide how to apportion fault between the parties. This will then be used to reduce each party’s ability to collect from the other party for his or her damages.

If a pedestrian is struck by a vehicle in Mississippi as a result of his or her distracted walking, this could be used to place some or all of the fault onto the pedestrian. For the driver, this can reduce or eliminate his or her responsibility to cover the injuries sustained by the pedestrian. For the pedestrian who was injured, this will complicate his or her ability to get compensation.  So, if the pedestrian was talking or texting on the phone at the time of the accident, or was wearing headphones while listening to loud music, these factors will be taken into consideration in determining fault. From the standpoint of the court, these actions may be deemed to be unreasonable, and the pedestrian seeking compensation may have his or her request denied or limited in whole or in part for engaging in distracted walking. This is similar to an accident involving two vehicles where one was operated by a distracted driver.

If You Have Been Injured in an Accident or Struck a Pedestrian Who Was Distracted Walking, Our Firm Can Provide You with the Representation You Need

Distracted walking is a growing problem here in Mississippi. The experienced traffic accident attorneys at Chatham Gilder Howell Pittman can provide you with the representation you need to protect your rights if you have been involved in a distracted walking accident.

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.