Pedestrian accidents can have many different causes, and most often a negligent motorist is responsible for a devastating collision. When a pedestrian gets hurt in a collision involving a car or truck driver, it is important for that pedestrian to understand how to seek financial compensation and to hold a reckless or careless motorist accountable. At the same time, it is also important for pedestrians to understand the types of defenses that a motorist might raise in a pedestrian accident lawsuit, and the reasons that a pedestrian’s damages award ultimately may be reduced. One commonly discussed issue is distracted walking, and our Santa Fe pedestrian accident lawyers want to provide you with more information about the seriousness of distracted walking in relation to New Mexico pedestrian accidents.
What is Distracted Walking in New Mexico?
Most Santa Fe residents have some sense of the dangers associated with distracted driving, which can involve talking or texting on a cell phone while driving, or even getting distracted by things unrelated to technology, such as eating or grooming while driving, or having a conversation with another passenger. Just as distracted driving can be dangerous, so can distracted walking. Although a pedestrian is not operating a motor vehicle, when a pedestrian is distracted, she might fail to notice a “do not walk” sign or might step into traffic without taking proper precautions.
According to the American Academy of Orthopaedic Surgeons (AAOS), distracted walking is becoming an increasingly significant issue, and there are serious “consequences of pedestrians talking on the phone, texting, listening to music, or engaging deeply in conversation with the person next to them.” Indeed, a spokesperson for the AAOS explained that “more and more people are falling down stairs, tripping over curbs and other streetscapes and, in many instances, stepping into traffic, causing cuts, bruises, sprains, and fractures.”
Getting the Facts About Distracted Walking
Each year, the rate of pedestrians using smartphones while walking increases. In a study commissioned by the AAOS, only 29% of the people surveyed admitted that they use their phones while walking or engage in other potentially distracting behaviors, yet those same people surveyed routinely admitted to seeing other pedestrians engaged in potentially dangerous behaviors that could lead to a distracted walking accident. The following facts and figures came out of that study:
- Nearly 80% of people surveyed say that they believe distracted walking is a problem;
- About 98% of those surveyed said they had observed pedestrians walking and talking on a cell phone, while about 37% said they had walked and talked on a cell phone themselves;
- Approximately 88% of people surveyed said they had observed pedestrians engaged in conversation with another pedestrian, and about 75% said they also walked and talked to another pedestrian;
- About 88% had observed pedestrians listening to music on headphones, and about 34% said they had done so themselves; and
- 85% had seen other pedestrians using a smartphone and 28% admitted to doing so themselves.
Under New Mexico law, if a motorist causes a pedestrian accident but successfully shows that the plaintiff was also partially negligent due to distracted walking, New Mexico’s comparative fault law will result in the pedestrian’s total damages being reduced by his or her percentage of the fault.
Contact a Santa Fe Pedestrian Accident Lawyer
Do you need assistance filing a pedestrian accident claim? Our New Mexico personal injury attorneys can help you. Contact Slate Stern Law today.