What happens to a personal injury claim when a pedestrian caused the accident or is partially responsible for it? A text message or notification can take a pedestrian’s attention away from traffic for several seconds. That brief distraction could contribute to a collision and result in serious injuries. If you are injured in a distracted crossing accident, understanding how New Jersey law assigns fault can help you evaluate your options.
How can smartphone use affect pedestrian fault?
While the state has strict laws for motorists who use cell phones, the legal complications shift when a pedestrian walks while looking at a mobile screen. Using a smartphone can reduce a pedestrian’s awareness of surrounding traffic and affect how quickly they respond to hazards. Here are some examples of how mobile phones affect pedestrians on the road, such as:
- Slower reaction time: reading or texting while walking might reduce a pedestrian’s response to an approaching vehicle or a changing traffic signal.
- Compromised spatial awareness: Mobile distractions could reduce attention to surroundings and lead to unknowingly stepping into a crosswalk without checking for approaching traffic.
- Altered walking behavior: Phone use might cause pedestrians to walk more slowly, change direction unexpectedly or spend more time in the roadway.
Many injured pedestrians believe that looking at their phone completely bars them from filing a lawsuit. However, under New Jersey’s modified comparative negligence system, as long as your share of fault is 50% or less, you can still recover compensation. Your percentage of fault could reduce the final compensation.
Protecting your right to recovery
Sustaining a severe injury in an accident is a traumatic event. If you were a victim of such an awful incident, you do not have to carry the financial burden just because a notification momentarily distracted you. You might still have a valid injury claim. Seeking the guidance of an experienced personal injury attorney could help you protect your rights and understand your legal options moving forward.