As a pedestrian, you should expect a certain amount of safety on sidewalks and crosswalks. Unfortunately, things happen and you may find yourself hurt by a car as a result, even as a pedestrian. However, if you have been injured, you need to be able to prove that the driver was at least at some fault for the accident. However, if you were engaging in distracted walking, such as looking at your cell phone, you may not be able to recover as much compensation as if you were walking around without distraction and had all your senses about you.
Types of Distracted Walking
When walking, especially near busy streets, it pays to be undistracted and alert of your surroundings. While you as the pedestrian have the right of way in most cases, cars do not always see you and the pedestrian has a certain duty to do their due diligence when walking near roadways, especially when crossing them.
When it comes to distracted walking, many people consider cell phones or other handheld devices to be the only sort of distraction that counts. However, audio devices count too. This means if you step off the curb while looking at a device or listening to music, you can be held at least in some fault for engaging in distracted walking.
How Distracted Walking Affects Your Case
If you are at a crosswalk and it signals that it is safe to cross, but a car hits you anyway because you were looking down at your cell phone, you may not be at full fault, but you will be at some fault. Alternatively, if you step off the curb, trip, or cross at a crosswalk that designates it is not safe to cross because you were looking at a device or listening to music, then you will, in fact, be in full fault for the accident. If the driver could not avoid you, you may be on the line for your damages as well as potentially theirs, depending on the unique circumstances of the case.
However, if you were distracted and the situation resulted in the driver being mostly at fault, you can still receive compensation. In this situation, it will limit how much compensation you can receive depending on how much of a percentage you were at fault in the accident. For example, if you are set to receive $10,000 in compensation for the accident, but were 10 percent at fault, you will only receive $9,000 in compensation as the percentage is deducted.
If you were walking while distracted and got into an accident, things are going to be bad going on worse. You need that compensation for your injuries and you will want to get as much as possible. This is why it is crucial to get an attorney as soon as possible. If you were walking while distracted and the witnesses can prove it, you will be held at least in some fault. There is no resolving that, but your attorney can help keep that percentage of fault as low as possible so you can get as much compensation as possible.
In order to do this, your attorney will need to prove that the car that hit you was acting illegally, such as running a red light or making a right turn without first looking for pedestrians crossing. If you have been in a pedestrian accident in California, contact us today. The Law Office of Freeman & Freeman is ready to fight for the rights of injured pedestrians, even if they were walking while distracted when they probably shouldn’t have been. Let us fight to get you the compensation that you deserve for your case.