Can Distracted Pedestrians Cause Auto Accidents in Mississippi?

Most of us are aware that distracted drivers are responsible for a large number of accidents. Whether drivers are talking on their cell phone, texting, eating, fiddling with the radio, or turning around to see what the kids are doing in the back seat, distracted driving is a major contributor in auto accidents. While legislators are doing their best to do something about the use of cell phones through texting bans or requiring a hands-free speaker for your cell phone, they have not yet addressed the dangers of distracted pedestrians.

Statistics on Pedestrian Accidents

Over 5,000 pedestrians are killed each year in an auto accident with another 70,000 or so being seriously injured. Over half of these accidents take place at night while fast-moving children and slower moving seniors are far and away the most vulnerable group. Over one-tenth of all traffic fatalities involve pedestrians, leaving literally thousands of people permanently disabled due to such accidents. While a pedestrian is more likely to die in an accident which took place on a rural road—due to higher speeds—many more pedestrian accidents and resulting deaths occur in urban settings. While the vast majority of pedestrian accidents, injuries and fatalities are the result of distracted, negligent, reckless or impaired drivers, there are occasions where the pedestrian is at fault.

Pedestrian Distractions

If you live in a city it’s a pretty sure bet you have observed pedestrians talking on their cell phones while crossing busy intersections, or even reading a map, or looking at a city landmark instead of paying attention to traffic. Many pedestrians have headphones on and are listening to music, effectively preventing them from hearing the screech of brakes or even a honking horn, depending on the volume level of their music. In our age of super-technology, it is even not so uncommon to see a pedestrian reading their electronic Kindle or Nook as they walk down the street, or to see them surfing the net on their iPad.

Even if they are not engaged in some sort of interaction with an electronic device, you will see pedestrians walking in groups with their friends who are totally engrossed in the conversation—and totally oblivious to dangers around them. Finally, there are a fair amount of pedestrians who are impaired through the use of alcohol or drugs who wander city streets on a regular basis. These people have no comprehension of the potential danger of walking across a busy city street without looking either way.

Studies on Pedestrians and Cell Phone Use

Research has shown that pedestrians who are talking on their cell phone tend to walk slower, are much less likely to notice other people and objects around them, are substantially less likely to either wait for traffic to stop before crossing or to look both ways before crossing, are more likely to step out in front of an approaching car, and overall pay much less attention to traffic. Additionally, cell phones have been shown to block the field of vision from whichever direction the phone is held to the ear, and more distraction is noted when the phone connection is back, or the background noise is especially loud. This research could likely be applied to those using Mp3 players, iPads, Nooks and Kindles as well. Essentially, anything which captures the attention which should be 100% focused on the vehicles and people around the pedestrian results in a distraction which could end up being deadly.

The number of pedestrian deaths and injuries is on the rise, and it is likely it will continue to rise as more and more pedestrians ignore the rules of safety and continue to use attention-absorbing hand-held mobile devices. There is some talk among government officials regarding making the use of such devices in crosswalks illegal, but the bottom line is that pedestrian distraction can be just as harmful as driver distraction.

If you are the victim of a pedestrian accident caused through pedestrian distraction, consult a Mississippi personal injury attorney from our law firm for legal advice.

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Driver Error in a Mississippi Car-Pedestrian Accident

When most of us think of car accidents we usually envision either a single car accident or a vehicle-on-vehicle collision. Unfortunately, some accidents involve pedestrians, often with extremely serious or even fatal consequences. Obviously, a pedestrian is much more vulnerable to injury or death than the person inside the car that hits the pedestrian. When a 5000 pound piece of metal and glass hits a pedestrian, even at a low speed, the outcome is rarely positive.  Even though pedestrian accidents only make up about 11% of annual car accident fatalities, they are nonetheless the second most common cause of death due to a motor vehicle.

Causes of Pedestrian-Car Accidents in Mississippi

Generally, there are two primary causes of car-pedestrian collisions—driver error or pedestrian error. Pedestrians can disregard traffic lights, jaywalk, or small children may suddenly dart into traffic, endangering themselves as well as the parent who pursues them. Drivers may also disregard traffic signals or traffic laws or may simply not be paying attention to the pedestrians around them. Almost fifty percent of pedestrian accidents occur from 6:00 p.m. to midnight, suggesting that inability to see pedestrians may be a significant factor in car-pedestrian accidents.

Children under sixteen are most often the victims of pedestrian accidents, and there appears to be more pedestrian accidents on Friday, Saturday and Sunday than on the other weekdays. The speed of the car is a major factor in whether or not the pedestrian will survive the accident—the faster the car is traveling, the less likely it will be able to avoid hitting a pedestrian and the more likely the accident will be fatal to the pedestrian.

Specific Driver Error Factors in Pedestrian-Car Accidents

Automobile drivers often will disregard crosswalks at intersections, creating a significant risk for a serious pedestrian accident. Drivers must always take appropriate measures to ensure pedestrians are not crossing the road before entering a designated crosswalk. Other times auto drivers will ignore traffic controls, particularly those which specifically relate to pedestrians, or will fail to yield to a pedestrian who has already entered the driver’s lane as they start to cross the road. Unfortunately, impaired driving has left many pedestrians dead or seriously injured as the drunk driver drives onto a sidewalk and hits an unwitting pedestrian. There are even drivers who blatantly ignore the red, flashing lights of a school bus and pass, creating a high risk of injury to children who are getting off the bus.

Getting the Help You Need

A car-pedestrian collision is a traumatic event, both for the driver of the car, and of course for the pedestrian who has been struck. No one wants to be guilty of having injured another human being, especially one in such a defenseless position as a pedestrian. While pedestrians should always observe and obey traffic signals, and avoid distractions while walking, drivers must be hyper-vigilant, especially in city areas where pedestrians are common and small children could come from nowhere. If you or a loved one has been involved in a pedestrian-car accident it is imperative that you contact an experienced personal injury attorney in your area. Pedestrians who are struck by an automobile usually have extensive injuries, and could be out of work for weeks, months, or even years while they heal and recuperate. This adds up to mountains of medical bills as well as no income, meaning such an accident could devastate you and your family. You deserve compensation for your injuries, most especially if they were the result of driver error or a negligent or distracted driver. Don’t wait, as there is a statute of limitations for filing your Mississippi personal injury claim. Contact a knowledgeable Mississippi personal injury lawyer from our law firm who may be able to help you obtain the compensation you deserve.

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Determining Negligence in a Mississippi Pedestrian Accident

When a pedestrian is struck by a car, the results are usually catastrophic, resulting in serious injuries and death. Even though state laws do their best to protect pedestrians and keep these traumatic events from happening, in the United States alone over 5,000 pedestrians are killed and 64,000 injured each year from being hit by an automobile. These figures average out to one pedestrian being hit every eight minutes, and a life lost every 120 minutes. A pedestrian is simply no match for a car, which can be several thousand pounds of metal and glass. Even though the passengers and driver inside the car are fairly well protected, the pedestrian is totally vulnerable to serious injury.

Who Has the Right-of-Way?

Generally, pedestrians are considered to have the right-of-way, although this is not absolute, and there are certainly times when pedestrians ignore not only the traffic signals, but their own safety as well, crossing the road in a manner that makes avoiding hitting them next to impossible. This type of behavior on the part of pedestrians is, however, the exception rather than the rule. Drivers are expected to approach pedestrian crossings with extra caution and to adhere to specific safety measures, most especially when the pedestrian is clearly visible and is within ten feet of where the vehicle will be turning. Drivers should always slow down—stopping if appropriate—and yield the right of way to pedestrians, and should take special care to be extra alert in areas where pedestrians are common. As an additional caution, a vehicle is not permitted to pass another vehicle which has stopped to allow pedestrians to cross.

Proving Negligence on the Part of the Automobile Driver

In order to establish negligence on the part of the driver who struck a pedestrian, the pedestrian must prove that the driver not only owed a legal duty to the pedestrian under the specific circumstances, but that they breached that duty through negligent or reckless conduct or action—or through a failure to act. The pedestrian must also prove the actions of the auto driver caused the accident which injured the pedestrian and that the pedestrian suffered injury or harm as a result. The facts will be closely analyzed in each accident involving a pedestrian, and it may turn out that more than one person was legally responsible for the accident and resulting injuries. This could be true in a case where a sidewalk, roadway or parking lot where the accident occurred was not properly maintained or marked or if the pedestrian was also at fault.

Automobile Driver’s Duty of Care

Those who operate automobiles are charged with exercising reasonable care under specific circumstances. Some of the factors which commonly contribute to driver negligence include inattentive drivers, a driver’s failure to obverse posted speed limits or yield the right-of-way at marked crosswalks, a driver’s reckless disregard for traffic signs or signals, failure by the driver to signal a turn, a marked disregard for weather or unusual traffic conditions, or driving under the influence of alcohol. Additionally, drivers owe a particular duty of care to small children—those between the ages of 5 and 10 are the most likely to be hit by a car as they are smaller, less visible and often exhibit unpredictable behaviors. The mere presence of children is a warning to drivers to exhibit particular care and hyper-vigilance. If a driver is in the vicinity of a school or in a residential area where children are known to play, extra care must be taken to avoid hitting a child.

Hiring a Personal Injury Attorney

If you have been the victim of a pedestrian-car accident, it is likely that you are struggling to pay your medical bills. You may even be unable to return to work, and find yourself unable to provide for yourself and your family. It is imperative that you retain a knowledgeable personal injury attorney who can protect your rights and get you the help you need following your accident with injuries.

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Mississippi Pedestrian Accidents Pose Serious Danger for Children and Elderly

Almost nine people per day lose their lives in auto accidents while walking, jogging or running which amounts to over four thousand people per year according to the National Highway Traffic Safety Administration (NHTSA).  Data from the NHTSA also reveals that almost sixty thousand additional pedestrians suffer injuries when they are struck by motor vehicles.  The majority of these accidents resulting in serious injury and death take place in urban areas.  Young children and the elderly are particularly vulnerable to serious injury or fatal pedestrian accidents.  With an increasing number of distracted and speeding drivers trying to get to work and trying to pick up kids from school, pedestrian accidents needlessly occur on an ongoing basis.

The elderly actually are not as likely to be hit by cars as young people but are more likely to die from their injuries if involved in an accident.  The diminished capacities of some elderly persons create a higher chance that they can be involved in a pedestrian fatality.  As people age, they experience reduced use of their eyesight, hearing and bodily reflexes.  A person of more advanced age may also move at a slower pace making it more difficult for them to identify potential dangers and to react after recognizing the danger.

Children sometimes play in the streets in certain areas and may lack the maturity and experience to recognize the serious risk of being involved in a pedestrian accident.  Many drivers exceed the speed limit or drive while engaged in distracted driving practices.  The fact that children are smaller and harder to see also makes it easier for a car to hit them when backing up or when turning corners. When a child is hit by the front of the car, he or she will normally be hit by the bumper in the thigh and the hood will strike the child’s torso.  If it is a large vehicle, the child can be hit even higher like in the head and neck area.

Impatient and inattentive drivers on the road present a huge hazard to someone crossing the street especially a child or elderly person.  Drivers who refuse to slow down in areas where children are present or try to simply slow down and accelerate around people in crosswalks often cause serious pedestrian accidents.  It is not uncommon for drivers looking down at their cell phone to fail to yield at intersections, which can be extremely dangerous.  Pedestrian accidents involving children and elderly are often caused by a variety of negligence driving practices by drivers including:

  • Fatigued or drowsy drivers
  • Drivers under the influence of drugs or alcohol
  • Speeding drivers
  • Drivers distracted (i.e. using cell phones and other mobile electronic devices)
  • Aggressive drivers
  • Violations of traffic safety laws (i.e. failing to obey stop signs)

When a car, truck or SUV strikes a child or elderly pedestrian, they can sustain serious injuries including:

  • Spinal cord injury
  • Broken and Fractured bones
  • Head and brain injuries
  • Paralysis

Government entities, such as municipalities may also be responsible for pedestrian accidents where intersections are not properly controlled, streets are poorly lit or other roadway design defect exists.  A municipality that has knowledge of a pattern of collisions including pedestrian accidents may have a responsibility to take reasonable measures to make a road or intersection safe, which may include reducing speed limits, installing proper traffic controls or utilizing speed bumps.  The more crowded our towns and cities get the more vigilant drivers and pedestrians must be to avoid serious pedestrian accidents.

If you or someone you love has suffered serious injury or wrongful death in a pedestrian accident, our Mississippi pedestrian accident attorneys diligently represent those injured in pedestrian accidents throughout the state.  Our experienced Mississippi pedestrian injury lawyers zealously pursue the best possible outcome for our clients.

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