While texting and driving is a ticketable offense in most states, texting and walking is a relatively new concept. Yet, according to QZ, Honolulu will become the first city to ticket people for walking while distracted. Under the new law, any person looking at an electronic device while crossing the street could face a citation. A first offense will set distracted walkers back $35. A second offense is $75 and a third will result in a $99 fine. While Honolulu is the first city in the country to implement a distracted walking penalty, New Jersey also implemented a texting and jaywalking penalty in 2012. As more people are injured while using phones, we may see more laws like this being put in place.
Texting and driving is dangerous. According to the Centers for Disease Control, every day, 9 people are killed and another 1000 are injured in accidents linked to texting and driving. With the frequent use of cell phones, distracted driving is becoming a greater concern for law enforcement and for policy-makers alike. Yet, texting and driving is not the only way you can get into an accident. More pedestrians are using their phones while walking and crossing the street, putting them at risk of getting into an accident while texting and walking.
Critics of the new law claim that it will result in over policing and that drivers should be focused on pedestrians crossing the street, whether they are looking at their phones or not. Yet, Honolulu’s response is supported by those who believe that distracted walking is becoming a serious concern. The National Highway Traffic Safety Administration claims that distracted walking is a problem, but that it is hard to determine the number of people who are killed or injured due to the practice.
Early research does encourage people to put down their phones. For example, it takes a cell phone user 8 seconds longer, on average, to cross the street. Like a distracted driver, individuals who were talking on their phone were also more likely to weave while walking and were also found more likely to change direction suddenly. Erratic behavior can make it more difficult for drivers to predict where a pedestrian will go or where they will be crossing the street.
What implications do these laws have for personal injury cases? The laws definitely place a greater burden of responsibility on the pedestrian. If a pedestrian were to be injured while crossing the street while using a cell phone, the driver could argue that they were not negligent because the pedestrian was not paying attention. Yet, as it stands, pedestrians have a responsibility to exercise reasonable caution when crossing the street. You can’t just jump in front of a car while jaywalking and sue another driver.
Both pedestrians and drivers have a shared responsibility for safety on the road. If you or a loved one was injured while crossing the street or due to the neglect or negligence of another driver, you may have important rights under the law. Contact the Law Office of Robert Gregg, Dallas, Texas personal injury lawyers to learn more about your options. You may be entitled to receive compensation to cover lost wages, pain and suffering damages, and medical expenses.