With the rise of smartphones and wearable technology, distracted walking has become a growing concern in cities and suburban areas alike. Pedestrians, often absorbed in their phones, can unknowingly put themselves and others at risk by walking into traffic, ignoring crosswalk signals, or failing to notice hazards in their path. But can a pedestrian be held liable for an accident caused by their inattentiveness?

Many people assume that vehicles are always responsible in pedestrian-related accidents, but in some cases, pedestrians can be partially or even fully liable. Understanding the legal implications of distracted walking is important for both pedestrians and drivers navigating today’s busy streets.

For legal help, consult with the pedestrian accident lawyers at Brandon J. Broderick, Attorney at Law. Our team can help you recover compensation for your losses.

What Is Distracted Walking?

Common Causes of Pedestrian Distractions

Distracted walking occurs when a pedestrian fails to pay full attention to their surroundings while walking in public spaces. Some of the most common causes include:

• Using a Smartphone – Texting, checking social media, or reading emails can divert a pedestrian’s attention from traffic signals and vehicles.
• Listening to Music or Podcasts – Wearing headphones can block out important sounds, such as car horns or emergency vehicle sirens.
• Talking to Others – Engaging in deep conversations while walking can lead to inattention at intersections and crosswalks.
• Eating or Drinking – Carrying food or beverages can lead to a lack of awareness of obstacles or approaching vehicles.

These distractions can result in dangerous situations, particularly in busy urban areas where pedestrian and vehicle traffic intersect frequently.

Can Pedestrians Be Held Liable for Accidents?

Shared Liability in Pedestrian Accidents

While drivers have a legal duty to exercise caution and avoid hitting pedestrians, the law also expects pedestrians to follow traffic rules and act responsibly. In some cases, pedestrians can be found partially or fully at fault for an accident.

Situations where pedestrians may be held liable include:

• Jaywalking – Crossing a street outside of designated crosswalks or against traffic signals.
• Walking Into Traffic – Entering a roadway without looking, giving drivers no time to react.
• Ignoring Traffic Signals – Walking against a red light or crossing when pedestrian signals indicate “Don’t Walk.”
• Obstructing Traffic Flow – Standing or walking in the middle of the street in a way that disrupts traffic.

If a pedestrian’s actions contribute to an accident, they may share liability under comparative negligence laws.

Comparative Negligence and Pedestrian Liability

Many states, including New Jersey and Connecticut, follow comparative negligence laws, which allow liability to be shared among all parties involved in an accident. Under this system:

• A pedestrian who is found partially responsible for an accident may have their compensation reduced by their percentage of fault.
• If a pedestrian is more than 50% at fault, they may be barred from recovering damages entirely, depending on the state’s specific negligence laws.

For example, if a pedestrian steps into the street while texting and is hit by a car that was slightly speeding, both parties may share responsibility. The pedestrian’s compensation for injuries could be reduced if they are found partially at fault.

Legal Consequences of Distracted Walking

Civil Liability for Damages

Pedestrians who cause accidents due to distracted walking may be sued for damages. If a pedestrian's actions lead to a collision or property damage, they could be held financially responsible for:

• Vehicle repairs
• Medical expenses for injured drivers or cyclists
• Other related damages caused by their negligence

Criminal Liability

While criminal charges against pedestrians are rare, they can occur in extreme cases. If a pedestrian's reckless actions lead to a severe accident or injuries, they may face charges such as reckless endangerment or obstructing traffic.

In cities with strict pedestrian ordinances, pedestrians may also receive fines for jaywalking or other violations that contribute to dangerous situations.

Preventing Distracted Walking Accidents

Safety Tips for Pedestrians

To minimize the risk of pedestrian-related accidents, individuals should take steps to stay aware of their surroundings:

• Put Phones Away While Crossing Streets – Avoid texting or using apps when navigating intersections.
• Follow Traffic Signals and Crosswalks – Always use designated pedestrian crossings and wait for the appropriate signals.
• Stay Visible at Night – Wear bright or reflective clothing when walking in low-light conditions.
• Remove Headphones When Crossing Streets – Being able to hear traffic sounds can prevent accidents.

What Drivers Can Do to Avoid Accidents

Drivers can also play a role in preventing pedestrian accidents by:

• Being Cautious in High-Pedestrian Areas – Reducing speed and staying alert in school zones, city streets, and crosswalks.
• Anticipating Pedestrian Mistakes – Expect that some pedestrians may act unpredictably, especially near bus stops or crowded sidewalks.
• Honking as a Warning – If a pedestrian appears unaware of oncoming traffic, a short honk may help prevent an accident.

What to Do If You Are Involved in a Pedestrian Accident

Steps for Pedestrians

If you are a pedestrian involved in an accident, take the following steps:

1. Seek Medical Attention – Always seek medical care, even if you believe you have not been seriously injured or that your injuries are minor.
2. Report the Incident – Contact the police so an official report is created.
3. Gather Evidence – Take photos, collect witness contact information, and document the accident scene.
4. Avoid Admitting Fault – Stick to the facts when speaking with police or insurance companies.

Steps for Drivers

If you are a driver involved in a pedestrian accident:

1. Stay at the Scene – Never leave the accident site without reporting it.
2. Call Emergency Services – Ensure that any injured parties receive medical assistance.
3. Document the Scene – Take pictures, note road conditions, and gather statements from witnesses.
4. Consult an Attorney – If liability is unclear, legal guidance may be necessary to protect your rights.

Call Brandon J. Broderick For Legal Help

Navigating pedestrian accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced pedestrian accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.