More pedestrians than ever have been injured due to being distracted while walking and texting or talking using their cell phones. As reported by the Huffington Post on June 22, 2016, the Accident Analysis and Prevention journal from the Ohio State University journal, reported that data analysis from 2004 to 2010 showed that in 2004 there were 559 distracted pedestrian cell phone users who wound up in the hospital compared to over 1500 in 2010. The study found that pedestrians between ages 16 and 25 were the most likely to be injured due to the distraction of cell phone use. Interestingly, the study found that talking on the cell phone, rather than texting, was related to more injuries in this age group.
Expect to see more corporations and insurance companies consistently demanding to see the cell phone records of pedestrians who are filing lawsuits. Pedestrians are also under an obligation to be careful and pay attention to all readily apparent conditions on the roadway. Distracted cell phone users who file suit may be penalized with a percentage of blame for their accidents. Whatever percentage of blame its assigned to you, that same percentage will be applied to reduce the amount of any verdict awarded.