Personal Injury- Distracted Walking Claim

If you want to put a claim against a driver who has hit you with his vehicle when you were walking on the road, you will have to give evidence that you were not entirely responsible for the accident. However, if the driver somehow managed to prove the accident took place because you were not paying attention while walking, the accident will come under distracted walking accident. It will mean that according to the insurance company, you were also guilty for accident by not paying attention to your surrounds. Because of that you may well not get the full amount of the settlement. Or it can be that you may not receive anything at all.

It makes your claim strong when you are alert while walking, particularly when you are walking nearby busy roads. Distracted walking is one of the key reasons that many foot-travelers get into an accident every year. If you can change your walking habits and become more alert and cautious, you could easily lessen the risk of becoming a part of an accident statistics.

Kinds of Distracted Walking and Their Hazards

Whenever something takes your attention off of your surrounding area, it is called distracted walking. There are various examples. Like when you are looking at your mobile phone while walking, it will be visual distraction, when you are listening to music with earphones, it will be audio distraction. Fundamentally, if you put your foot off the roadside to the non-crossing area and if a crossing area is available nearby for pedestrians, then it is probable that you will be hit by a car and the driver can accuse with distracted walking. Although there may not be a crosswalk painted on the road, it is a common behavior to cross the road at an intersection instead of the in between the busy road.
Whenever you take your eyes and ears off the road you are walking on, it can cause you to trip and fall into unsafe areas. It may also lead you to not be careful when other vehicles are travelling on the road.

How a Distracted Walking Accident Affects a Pedestrian Accident Claim?

To get your pedestrian injury settlement, you need to provide proof that more than half of the responsibility for causing the accident lies with the driver. Also, if you were found guilty of listening to loud music and using your smartphone when you walked off the side road, the driver might claim that you were at fault for distracted walking and he had no time to stop the vehicle as you all of a sudden stepped on to the path of the car.

If you were found responsible for distracted walking and the driver was also driving irresponsibly, then due to the driver’s carelessness, you may still recover some part of the damages you suffered due to the accident.
If you are found guilty of distracted walking, it can decrease your injury settlement amount or judge may dismiss your claim completely. As a result, the best solution is to hire a lawyer to prepare your injury claim and seek best advice and results.