Who's liable when a driver hits a pedestrian who was distracted while texting?

distracted_pedestrianThe dangers associated with distracted driving are better known, but many people don't realize that distracted walking can also have serious consequences.

Distracted walking accidents and injuries are on the rise, according to the National Safety Council. Pedestrians who text, play mobile games, or surf online while walking are most at risk.

Pedestrian accidents are also on the rise, as noted by the Governors Highway Safety Association in its 2016 and 2017 reports, and distracted walking—particularly texting while walking—may be at least partially to blame.

When pedestrians are struck by vehicles, the injuries they sustain can be absolutely devastating.

Even in cases where the driver was traveling at a relatively slow speed, victims may require extensive medical care and time off from work. Pedestrian accident victims may be entitled to compensation from the driver who hit them. However, if the pedestrian was distracted and texting at the time of the accident, he or she may share in liability, which could potentially affect their financial recovery.

Fortunately, Georgia is a comparative negligence state. This means personal injury victims may still be entitled to compensation, even if they were partially responsible for their accidents and injuries. Georgia courts use modified comparative negligence rules, which allow for personal injury claimants to collect damages if they were up to 49 percent responsible for the accidents in which they were injured.

Consult an Experienced Pedestrian Accident Attorney

If you were seriously injured in a pedestrian accident, but are worried that your role in what happened may affect your ability to recover compensation, it's vitally important that you understand your legal rights and options.

The knowledgeable pedestrian accident attorneys with Rechtman & Spevak can help you build a strong case and fight for the compensation you deserve. Contact our offices today to schedule an appointment for a free initial case analysis.