Practically everyone has a smartphone. It’s become a habit for most of us to mindlessly scroll through our phones when we are waiting for something. We’ve become so attached that when we receive a text message, many of us need to answer them right away, regardless of what we are doing. We think we’ve mastered the art of walking and texting (and some of us even feel confident while texting and driving at the same time), but the truth is, many accidents occur due to people answering their text messages while traveling. Just as an experienced Lakeland, FL auto accident lawyer can help if you have been injured in an accident involving a distracted driver, an experienced Lakeland, FL distracted driving accident lawyer can help if you have been injured in an accident involving a distracted pedestrian or cyclist.
We all know that texting while driving is dangerous, but do we really understand how dangerous walking and texting can be? We’ve seen videos of people walking and texting their way right into a pole or a trash can and may find these images hilarious. And we’ve all experienced those close calls where you look up the moment right before you are about to run into something. But what happens when you don’t look up and you walk into oncoming traffic? Or don’t look both ways before crossing the road and just assume it’s clear? Pedestrian accidents are rising in part due to distracted pedestrians. This is not to say that accidents involving distracted pedestrians are necessarily the fault of those pedestrians. Liability for auto accidents is complex. This is one of the many reasons why it is so important to explore issues of liability and compensation with an experienced Lakeland, FL distracted driving accident lawyer in the wake of an accident.
Determining who is at fault
No one should be afraid to cross the street. However, as pedestrians, travelers still need to follow the rules of the road. They need to be aware of your surroundings – which means they can’t be distracted while walking.
In most states, pedestrians will always receive some sort of compensation if they have been injured in an auto accident, even if they were distracted when the collision occurred. However, the courts take into account a pedestrian’s negligence when determining how much they should receive. A member of the legal team at David & Philpot, PL can help you to understand how much compensation you may be entitled to if you were involved in a distraction-related collision in any capacity (as a driver, pedestrian, cyclist, etc.).
Determining compensation in some states means determining the percentage amount each person was at fault. For example, if you were texting and walking and didn’t look both ways before crossing the road and the driver was speeding, it could be determined that you are 30 percent at fault and the driver is 70 percent at fault. This means that if your injuries cost $10,000, you would only be entitled to receive $7,000 from the at-fault driver.
It can be tempting to stay connected twenty-four hours a day, but the truth is that when you are distracted, you are putting your safety at risk. However, just because you may have been distracted while walking, doesn’t give the drivers on the road permission to hit you. Similarly, if you were paying attention while driving and a pedestrian walked out into the middle of the road unannounced, you likely cannot be held completely liable for unintentionally striking that individual.
If you have recently been involved in a pedestrian accident, please connect with a Lakeland, FL distracted driving accident lawyer today. Our firm can walk you through the process that is right for your case and help you get properly compensated for your injuries.