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Distracted Walking: How This Factors into Pedestrian Accident Claims

March 18, 2016

shutterstock_161162159.jpgWe live in a mobile technology world. Smartphones are virtually ubiquitous, and they distract us every day. The world has discovered the dangers of texting and driving, with many states implementing laws against the practice. But what about pedestrians who let their technology distract them? When a driver hits a pedestrian, the driver often raises distracted walking as a defense, whether justified or not. If you have been injured by a negligent driver, you need a strong personal injury lawyer to help you get the compensation you deserve. 

What Is Distracted Walking?

You have distractions in your life every day. For pedestrians in busy areas, this might include things happening in the street, a sound in the distance, or a call, text, or email to which you are attending while you walk. Unfortunately, sometimes this can contribute to an accident when it causes you to walk into the street without looking, or to linger in a crosswalk longer than you should. In fact, studies have shown that at least a third of pedestrian accidents involve distracted walkers.

Contributory Negligence

If you were injured by a car when walking, this could become an issue in your case. Under New Jersey law, you will recover less if a jury finds you partially responsible. In fact, if you are deemed more than 50 percent responsible for the accident, you will lose your recovery completely.

You need an excellent lawyer to protect you. Defense attorneys are adept at blaming the victim, and the concept of distracted walking plays right into their hands. Even if you were hit in a crosswalk, standing in plain sight, or even standing on the edge of a curb, they will try to say you should have seen and avoided the oncoming car. Whatever your injuries, if the defense wins on this claim, you may not recover.

Has a car hit and injured you while you were walking? Do not rely on just anyone to protect your right to recovery. We will fight these claims to get you the money you need and deserve. Contact Stern and Stern today.