Every single day we hear of pedestrian accidents in New York. It has been observed lately that the traffic accident rates have skyrocketed as a result of more and more pedestrians in New York wearing headsets or headphones or fiddling with their phones while walking on the road. In the past decade the number of pedestrians who have been injured or killed while using their phones or wearing headphones has tripled.
Each of us is aware of the risk of using cell phones when walking on the road or when driving, but unfortunately, a lot of teens or even adults are distracted by their phones. The distraction which is caused by these smart phones can cause ‘inattentional blindness’ which means that a person’s mental attention to their surroundings is reduced. Those wearing headphones can experience sensory deprivation, in which the person’s ability to hear an approaching car or its horn is blocked by the sound that is coming from the device.
Pedestrians at Risk
Generally, people equate a car accident to one which involves two or more motored vehicles but quite often an accident can involve a truck, car or bike hitting a pedestrian. In such conditions /circumstances, the results are more often than not, catastrophic. It is because of the relative size and speed of the motor vehicles versus the person walking on the street. There has been a large increase in car accidents involving pedestrians and the research shows that the main blame is to be put on the modern technology that has exploded in popularity in the past few years.
A pedestrian walking the street without being distracted can dodge speeding vehicles on the road but a pedestrian who is wearing headphones or is distracted by the phone is unable to hear any signs of an approaching vehicle which makes them more likely to be hit by it. In many cases, the motorists do warn the pedestrians of the impending danger by honking their horns but even then the pedestrians are injured anyway.
Under the New York state law, a pedestrian has the right of way when crossing a street without a crosswalk or when it has been directed by the traffic signal. A car on the road when approaching must yield to a pedestrian at intersection crosswalks or when entering a driveway. Even after this if an accident occurs involving a vehicle and a pedestrian, it is the pedestrian who potentially has the right to seek damages. The damages could include loss of wages, medical bills, emotional distress or pain and suffering.
On the other hand, if a pedestrian has been hit by a car or a bike and it was proven that the pedestrian contributed to the accident by wearing headphones and not paying attention to the laws of safety, then the amount of compensation that the pedestrian can seek in such an accident may be limited by the part for which they were considered at fault.
As pedestrian accidents are on a rise, it is important for all those walking the streets to be extra cautious and be mindful of all the traffic safety laws. If god forbid, you or your loved one is caught in a pedestrian accident or a crash involving a motor vehicle then it is an experienced attorneys team like the one at Siler & Ingber that you will need to file your claims. Rest assured they are the best in New York. Contact the personal injury lawyer at Siler & Ingber today to find out if you are entitled to financial compensation after a pedestrian accident.