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Walking and talking on your cell phone can be hazardous. Here’s how you can prevent getting hurt
By: Deutschmann Personal Injury & Disability Law (Lawyers) | Published 07/11/2022
We all know that distracted driving is a leading cause of car crashes and car accident fatalities but did you know that walking while using your cellphone can be dangerous too? America saw a 11% increase in pedestrian fatalities in 2016, and they are up in Canada as well. Many of the accidents are due in part to pedestrians crossing roadways while using their phones. Some states like Hawaii have gone as far as introducing ‘Zombie Laws’ allowing police to fine pedestrians crossing streets while viewing their phones and electronic devices.
In Canada Toronto and other cities have contemplated similar measures. In Ontario most cases where a pedestrian is struck by a car are deemed to be the driver's fault. Pedestrians are rarely charged in the crashes regardless of whether they are at fault.
When crossing the road as a pedestrian, you are expected to demonstrate due regard while using the road. The law requires you to yield to motor traffic when you aren't in a crosswalk. Common sense says you should yield to any driver who isn’t paying attention to you. Pedestrians using their devices tend not to be aware of what’s going on around them and often aren’t watching that the drivers see them in the crosswalk or on sidewalks at driveways. This is particularly true when cars are turning right.
Remember that while sending text messages or watching videos is harmless, doing it when you should be paying attention to walking or driving can set you up for injury or death. When you are walking make sure to put your cell phone down and pay attention to the roadway and drivers.
Remember too, noise cancelling earbud use can be extremely dangerous for pedestrians and cyclists. Their use means you cannot hear signs of danger like horns, sirens or tires squealing. You should always be able to hear what’s going on around you when you are walking with headphones or ear buds on.
If you are a pedestrian and are in a car accident you should contact one of the experienced personal injury lawyers at Deutschmann Personal Injury and Disability Law. We can make in significant difference in determining fault and obtaining compensation for your injuries.