In Santa Ana’s busy streets, pedestrian safety is a growing concern. While distracted driving often makes headlines, distracted walking is becoming equally dangerous. Your actions can impact your safety and legal position if you get involved in an accident.
The rise of smartphones has led to more distracted walking incidents. Research by the National Safety Council revealed that more than 1,500 pedestrians sought emergency care in 2010 due to injuries linked to walking while using cellphones. The prevalence of this issue has probably grown, highlighting the importance of recognizing the dangers and possible legal consequences of inattentive pedestrian behavior.
Understanding distracted walking
Distracted walking happens when pedestrians focus on activities other than their surroundings. Common distractions include:
- Using smartphones
- Listening to music with headphones
- Eating or drinking while walking
- Having intense conversations
These behaviors can reduce your awareness of traffic and hazards, leading to potential accidents.
California’s comparative negligence law
California law recognizes that multiple parties can share fault in an accident. You could be found partially responsible if you’re in a pedestrian accident while distracted. Your liability would depend on how much your distraction contributed to the accident.
For example, if you were texting while crossing against a red light, you might be assigned some fault. This could reduce the compensation you receive from the driver who hit you.
California uses a pure comparative negligence rule. Compensation remains possible even when you’re more than 50% liable, but your share of fault will reduce the amount you receive.
Protecting your rights as a pedestrian
Distracted walking can impact your claim, but it doesn’t automatically make you at fault. Drivers still must watch for pedestrians and avoid collisions. If you’re in a pedestrian accident:
- Seek medical attention immediately.
- Document the accident scene if possible.
- Report the accident to local authorities.
- Avoid discussing fault at the scene.
- Consult a personal injury attorney for advice specific to your situation.
Emerging technologies may present new challenges to pedestrian safety. Avoid becoming distracted by them and compromising your safety and legal rights. By remaining vigilant and responsible, you can help ensure a safer future for all pedestrians.