Distracted walking has become a growing safety concern across California. Just like distracted driving, pedestrians who are not paying attention — whether texting, talking on the phone, or wearing headphones that block out surrounding sounds — put themselves and others at serious risk. When a pedestrian accident occurs, distracted walking can significantly impact who is found at fault and the compensation available in a personal injury claim.
At Hillstone Law, we represent injured pedestrians throughout California and understand how distraction can complicate liability in pedestrian accident cases.
How Distracted Walking Leads to Accidents
A pedestrian distracted by a phone or other device may fail to notice oncoming traffic, traffic signals, or nearby cyclists. This lack of awareness can lead to serious accidents, including:
- Stepping into traffic without looking
- Ignoring crosswalk signals
- Colliding with cyclists or other pedestrians
- Causing drivers to swerve and potentially crash
Even a momentary lapse in attention can have catastrophic consequences, ranging from broken bones to traumatic brain injuries, or even fatalities. Because pedestrians have no protection against the force of a vehicle, injuries are often severe.
When Both the Pedestrian and Driver Are Distracted
In some cases, both the pedestrian and the driver may share responsibility. For example, a distracted walker may step into the street while a distracted driver is adjusting their phone, leading to a collision. This scenario can trigger a chain reaction involving multiple vehicles, making the case more complex.
California follows the rule of comparative negligence, which means that if both the pedestrian and the driver were negligent, the court may reduce the compensation based on the injured party’s share of fault. For example, if a pedestrian is found 30% responsible for the accident, their damages may be reduced by that percentage.
How Distracted Walking Affects Compensation
Liability in distracted walking cases often comes down to the details:
- Was the pedestrian obeying traffic laws and signals?
- Was the driver acting responsibly and paying attention?
- Did either party ignore obvious safety risks?
If a pedestrian is found primarily at fault — more than 50% — they may be barred from recovering compensation. On the other hand, even if they share partial blame, they may still be entitled to damages for medical bills, lost wages, and pain and suffering.
Why You Need a Pedestrian Accident Attorney
Insurance companies often use claims of distracted walking to reduce or deny settlements. Without skilled legal representation, you may find yourself unfairly blamed and left without the compensation you need.
At Hillstone Law, our experienced pedestrian accident attorneys know how to investigate these cases, gather evidence, and challenge insurance company tactics. We are committed to protecting your rights and maximizing your recovery.
Contact Hillstone Law Today
If you or a loved one has been injured in a pedestrian accident involving distracted walking, do not face the process alone. Contact Hillstone Law today for a free consultation and learn how we can help you pursue the compensation you deserve.
