Distractions and Pedestrian Safety

The prevalence of distractions is worse than ever these days. People in their cars, walking, and even on bikes may be looking at a screen rather than their surroundings. When this happens, it can create a massive risk of something going wrong. Some of the most vulnerable road users– pedestrians – are the ones to face some of the worst consequences. In fact, the National Safety Council reported that more than 9,000 pedestrians lost their lives in the United States in 2022.

Distraction likely played a large role in many of those fatal incidents, others that involved injuries, and countless more close calls. For drivers and everyone else, it’s critical to start paying more attention to the road and less to our smartphones.

Distracted driving and pedestrians

Not too long ago, automobile makers had to start installing screens into cars. Backup cameras are a safety feature that allows drivers to see behind them when reversing. This requirement is helpful for greatly reducing the blind spots behind cars, especially the massive blind spots created by popular large vehicles like SUVs. In 2021, well over 600 pedestrians, cyclists and other people outside of vehicles died because of distracted drivers. Cell phones are one of the largest culprits when it comes to pulling a driver’s attention away from the road. However, it’s not the only one. Here are some of the likely distractions that cause so many of these tragedies:

• Talking on the phone
• Texting
• Using other apps
• Using GPS, even on an in-vehicle screen
• Eating
• Talking to someone in the car
• Looking in a mirror
• Changing the temperature or using other controls in the vehicle
• Daydreaming
• Rubbernecking

The list could go on, but the bottom line is that when drivers aren’t looking at the road, they become a hazard to everyone around them. However, today, with the possibility that pedestrians are also distracted, the risk becomes even higher.

Contributory negligence and the distracted pedestrian

You’ve likely seen someone walking while looking down intently on their phone. You may have even done this yourself. While phones account for a large amount of distractions, there are other causes as well. Some ways pedestrians might be distracted include:

• Texting, emailing, scrolling social media, or talking on the phone
• Playing music, listening to headphones, or listening to an audiobook
• Talking to another pedestrian
• Playing with your or another person’s pet
• Looking at signs, buildings, or wildlife
• Reading a newspaper, magazine, or book
• Eating or drinking
• Looking at the ground or your feet
• Daydreaming or zoning out

Pedestrians distracted by devices or anything else are more of a risk to themselves than to others. In Alabama, being distracted while walking might leave you struggling to collect compensation because of the state’s strict contributory negligence laws. However, being distracted while walking or standing on the street doesn’t automatically make an accident that injures you your fault.

For instance, in a crosswalk when a pedestrian has a walk sign and the right of way, a driver who violates that right of way is at fault. If the pedestrian wasn’t looking in their direction, that doesn’t make the accident their fault.

It’s likely that drivers who cause a crash will attempt to blame the pedestrian as contributory negligence may preclude compensation in Alabama. However, it’s important to speak to an attorney about the facts and circumstances. Drivers are often liable in pedestrian incidents.

How is liability usually determined for a pedestrian accident?

In personal injury cases, including pedestrian accidents, you must show four elements to prove liability. Those elements are:

• Duty of care: The driver owed you a duty of care while sharing the roadways.
• Breach of duty: They breached their duty by acting carelessly or recklessly.
• Causation: Their breach directly caused your accident and injuries.
• Damages: You suffered damages, such as medical bills, lost wages, pain and suffering, and more.

If you are able to prove those elements, you may be able to collect compensation for your injuries. That compensation is important for covering medical costs, rehabilitation, lost wages, and other costs related to the injury.

How can pedestrians stay safe?

In Alabama, the laws require pedestrians to follow certain rules of the road. The state offers this advice for navigating the roads safely as a pedestrian:

• Use sidewalks and paths whenever possible.
• When there is no sidewalk or path, walk on the shoulder and face traffic.
• Never assume drivers see you. Always make eye contact.
• Use crosswalks or intersections to cross the street.
• Wear bright clothing and use reflective materials or a flashlight at night to be visible.
• Avoid roads when you are under the influence of alcohol or drugs.

Still, drivers must also exercise caution around pedestrians. Some tips for drivers include:

• Keep an eye out for pedestrians at all times, and remember they may not always be where they are supposed to be.
• When approaching crosswalks or other places marked by pedestrian cross signs, always stop.
• If a vehicle stops at a crosswalk, do not pass them as they may be allowing pedestrians a chance to cross.
• Never use alcohol or drugs before driving.
• Don’t speed, and if you see a pedestrian near the road, slow down.

What to do if you were injured as a pedestrian

If you were injured in a pedestrian accident, you need to speak to an attorney. Don’t negotiate with insurance companies on your own or admit any fault. You need to have someone looking out for your best interests.

Call Martin & Helms or submit our contact form for a free consultation to speak with one of our lawyers immediately. We are based in Huntsville and Decatur but proudly serve clients in Madison and Athens as well.