The late summer season brings long days, warm evenings, and plenty of outdoor activities. It’s the perfect time for residents to walk, bike, and enjoy the outdoors in their communities. However, as pedestrian traffic increases, so does the risk of accidents, especially when drivers aren’t paying attention. Distracted driving is a growing concern and often leads to devastating consequences for pedestrians.
If you’ve been injured in an accident involving a distracted driver, it’s essential to understand your rights and the steps you can take to seek justice.
The Dangers of Distracted Driving
Distracted driving occurs when a motorist’s attention is pulled away from the road by other tasks. These distractions can be visual, manual, or cognitive:
- Visual distractions take your eyes off the road, such as looking at your phone or turning to check on a passenger.
- Manual distractions occur when your hands leave the wheel, like eating, drinking, or adjusting the radio.
- Cognitive distractions shift your focus, like daydreaming or engaging in deep conversation.
One of the most dangerous forms of distracted driving is texting because it combines all three types of distraction. By the time a driver looks down at their phone, types a message, and hits send, they may have already traveled the length of a football field. That’s a lot of ground to cover when you’re not fully focused on the road.
Unfortunately, pedestrians often bear the brunt of distracted driving. The results can be catastrophic when drivers fail to notice crosswalks, traffic signals, or people walking alongside the road.
How Distracted Driving Contributes to Pedestrian Injuries
Late summer presents unique risks to pedestrians. Longer daylight hours mean people are more likely to be out and about, while warmer evenings encourage strolls or jogs after sunset. However, distracted drivers pose a constant threat during these months, contributing to accidents in several ways:
1. Failing to Yield at Crosswalks
Drivers distracted by their phones or onboard navigation systems may fail to stop at marked crosswalks. This is especially dangerous at intersections or near schools and parks, with higher pedestrian traffic.
2. Speeding Through Residential Areas
Late summer often coincides with neighborhood celebrations, outdoor play, and backyard gatherings. Distracted drivers speeding through these areas may overlook children playing near the street or runners sharing the road.
3. Reduced Reaction Time
Distractions slow a driver’s ability to respond quickly to sudden changes, like a pedestrian crossing unexpectedly. This delayed reaction often leads to severe injuries when collisions occur.
4. Nighttime Visibility Issues
As daylight fades, visibility decreases. Drivers using their phones or engaging in other distractions are less likely to notice pedestrians wearing darker clothing or walking near poorly lit areas.
These scenarios highlight just how dangerous distracted driving can be, especially in environments with high pedestrian activity. This is why injured pedestrians must understand and exercise their legal rights.
Legal Rights of Injured Pedestrians
If a distracted driver has hit you, it’s essential to know that the law is on your side. Pedestrian accidents fall under personal injury law, which allows you to seek compensation for injuries caused by someone else’s negligence. Here’s a closer look at your rights:
1. The Right to Compensation
Pedestrians injured by distracted drivers may be entitled to compensation for:
- Medical Expenses: This includes hospital bills, surgeries, rehabilitation, and any future medical needs related to the injury.
- Lost Wages: If your injuries keep you from working, you can recover costs for lost income. Severe injuries might also include compensation for diminished earning capacity.
- Pain and Suffering: Physical pain, emotional scars, and trauma from the accident are forms of damages you can claim.
- Property Damage: If personal property, like a phone or a watch, was damaged in the accident, you could receive reimbursement for its replacement.
2. Holding Distracted Drivers Accountable
Distracted driving is negligent driving. By filing a claim, you’re not only seeking compensation but also holding the driver accountable for their careless actions, which can have a broader impact on public safety.
3. Understanding Comparative Negligence
Some states operate under a “comparative negligence” rule, meaning even if you were partially at fault for the accident, you could still seek damages. However, your compensation would be reduced based on your level of responsibility. For instance, if you’re determined to be 10% at fault, your damages will be reduced by that percentage.
4. Time Limits
Every state imposes a statute of limitations for filing personal injury claims. Typically, you’ll have two years from the date of the accident to take action. Filing after the deadline can result in losing your right to recover damages.
Navigating these legal nuances on your own can feel overwhelming, which is why hiring a personal injury attorney is an essential step.
Why You Should Seek Legal Assistance
Dealing with the aftermath of a pedestrian accident is stressful. Between recovering from injuries, managing medical bills, and trying to rebuild your life, pursuing legal action may feel like an added burden. That’s where an experienced personal injury attorney comes in. Here’s how they can help:
1. Building a Strong Case
Proving that distracted driving caused your injuries requires evidence. Attorneys gather accident reports, witness testimony, and camera footage to build a compelling case.
2. Negotiating with Insurance Companies
Insurance companies often offer lowball settlements that don’t reflect the full extent of your losses. An attorney can push back and negotiate a fair deal on your behalf.
3. Ensuring You Get Full Compensation
Calculating damages isn’t always straightforward. Beyond immediate costs like medical bills, a good attorney will consider long-term financial needs, lost opportunities, and even the emotional toll of your injuries.
4. Providing Peace of Mind
With an attorney handling the legal complexities, you can focus on what matters most: healing and rebuilding your life.
Steps to Take After a Pedestrian Accident
If you've been hit by a distracted driver, acting quickly can strengthen your case. Here are a few steps to take:
- Seek Immediate Medical Attention - Even if your injuries seem minor, getting a doctor’s evaluation ensures your well-being and creates a medical record for your claim.
- Document the Scene - Take photos of the accident site, your injuries, and any vehicle damage.
- Get Contact Information - Gather details from the driver and any witnesses.
- Contact a Personal Injury Attorney - The sooner you get legal advice, the better your case can be prepared.
Arizona Car Accident Lawyers
As we bring our deep dive into the implications and solutions for distracted driving to a close, it's evident that a multifaceted approach tailored to local environments like Phoenix is critical. At Rafi Law Group, we understand the complexities of pedestrian safety and traffic law. Our experienced attorneys are here to support you, should you ever need assistance navigating your rights following an accident. Reach out to us at (623) 207-1555 in Phoenix, AZ, and let us help you protect your rights while ensuring a safer community for all.