Picture this: you’re driving in New York or in Westchester County, doing your best to operate your vehicle responsibly. In between intersections, a pedestrian steps into the road, not even glancing around, their eyes firmly on their phone.
It happens more than you think, so if you haven’t encountered this yet, you likely will at some point.
People call them “smartphone zombies” (and some more creative names that I can’t print here), but what they really are are distracted pedestrians. These distracted pedestrians are becoming as common (and as dangerous) as distracted drivers. Across New York and the country, walking while texting, scrolling, or streaming has become a leading cause of preventable accidents. And while mobile devices are the most common culprits, pedestrians can also be distracted by listening to music, talking to others, or just about anything else that keeps their focus away from the traffic.
What’s frustrating is that when these pedestrians step into crosswalks or even streets without looking, they can cause serious accidents. They are the ones most likely to suffer from serious injuries. If you had to slam on the brakes to avoid hitting a distracted pedestrian, you may find yourself accused of causing the accident, and it can be hard to prove fault. There is no test for distraction, after all. In this situation, contact The Law Office of Mark A. Siesel for a free consultation. Our law firm knows how to track down the proof you need to ensure you don’t end up taking the blame, and if you have suffered injuries, we know how to pursue compensation for you.
The Rise of Distracted Pedestrians
Pedestrians now juggle texts, music, social media, and GPS directions, often all at once. According to data from the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities have risen sharply nationwide in the last ten years, and distracted walking may be one of the contributing factors.
New York, with its dense traffic and active streets, has seen similar trends. Even in smaller downtown areas and suburban crosswalks, pedestrians glued to their screens step into oncoming lanes or fail to notice turning vehicles. It’s not just younger people, either. All age groups use smartphones and wearables that demand attention and cause distraction.
The result? Drivers may need to veer out of the way of pedestrians. This can cause secondary, or even multi-vehicle crashes. When a distracted pedestrian steps in front of a car, a driver may also not be able to stop in time and may strike the pedestrian. They may need to live with that for the rest of their lives, even if it’s not the driver’s fault.
What Causes Pedestrian Distraction?
Distraction has become a daily habit, with many studies showing that our attention spans are shrinking. Some of the most common causes of distracted walking include:
- Texting or scrolling through social media while walking.
- Using navigation apps that require constant glances at a screen.
- Listening to loud music or podcasts with earbuds or headphones that block traffic noise.
- Video calls or live streams, which take both eyes and attention off surroundings.
- Talking to others while walking.
- Daydreaming or looking around instead of focusing on traffic.
- Fatigue or alcohol use, which compound the dangers of distraction.
While distracted pedestrians don’t have the same legal duties as drivers, they still share responsibility for using reasonable care. When a pedestrian’s inattention contributes to a collision, questions of fault can become complicated, but ultimately reckless pedestrians can still be held liable.
How Liability Works in These Accidents
New York follows a comparative negligence system, meaning that more than one person can share responsibility for an accident. If both the driver and the pedestrian acted carelessly, each party’s compensation can be adjusted based on their percentage of fault.
For example, a pedestrian who walked into the street while texting could be found partially responsible, even if the driver was speeding or failed to yield. Similarly, a driver who wasn’t paying full attention could still bear the majority of the blame if they could have avoided the impact.
An experienced attorney investigates every angle to establish who was negligent and how the accident unfolded. At The Law Office of Mark A. Siesel, we carefully review:
- Police reports and 911 records.
- Surveillance or dashcam footage.
- Eyewitness statements.
- Phone and traffic signal data.
- Medical records and injury patterns.
This evidence helps us build a clear, factual case for liability. We also work with a network of accident reconstruction experts, investigators, and other professionals. While there is no test for distraction, experts can help recreate what happened and can even establish whether a pedestrian has a pattern of distraction and lack of focus.
Common Injuries in Pedestrian Accidents
A two-ton vehicle and an unprotected human body are simply no match. Some of the most common injuries we see in pedestrian accidents include:
- Fractures and orthopedic injuries.
- Traumatic brain injuries (TBI).
- Spinal cord or back injuries.
- Internal bleeding or organ damage.
- Soft tissue injuries and lacerations.
- Long-term psychological trauma.
These injuries are expensive to treat and it’s not unusual for pedestrians to blame the driver and to pursue compensation, even if it was the pedestrian who was reckless and distracted. Working with an attorney can help protect you from being blamed and can allow you to seek compensation if you were injured in a crash caused by a pedestrian.
Prevention Starts with Awareness
The best way to avoid distracted pedestrian accidents is for everyone, drivers and walkers alike, to stay alert. That means putting the phone down, keeping both eyes on the surroundings, and following crosswalk signals carefully.
Pedestrians are not often told about the importance of focus, but if you like to go on walks or hikes, here are some tips to stay alert:
- If you are walking with friends, avoid getting into animated conversations.
- If you want to listen to music or check your phone, stop at a bench or park area to do so.
- Put devices away.
- Avoid long walks when you are tired, inebriated, or emotionally worked up about a problem.
- Stay aware of your surroundings.
- Always stay on sidewalks, trails, or other designated walking areas.
- When you do need to cross a street, do so at designated intersections and check both ways. Only cross when the light is green (if there is a light).
Drivers can also protect themselves by reducing speed in high-foot-traffic areas and staying especially cautious near intersections and parking lots. Don’t assume that pedestrians will act predictably and be prepared to stop suddenly.
Still, even the most careful people can’t control others’ behavior. When someone’s inattention leads to injury, the law provides a way to seek justice, and The Law Office of Mark A. Siesel is here to help guide you through a claim.
How Can The Law Office of Mark A. Siesel Help?
We pride ourselves on being accessible and responsive. Our office returns all phone calls and emails within 24 business hours, and often the same day. Clients appreciate knowing that when they have a question, they’ll get an answer.
We take the time to understand each case on a personal level. Many of our clients stay in touch long after their cases are resolved, a reflection of the genuine relationships we build. We believe that legal representation should be compassionate and honest.
Our legal team understands that compensation is a serious matter. It can mean the difference between being able to pay for quality medical care and not being able to cover essentials. We know that a serious injury or accident can affect your mental health, relationships, physical wellbeing, and finances for years to come. We seek fair compensation so you have the resources you need to move forward.
If you or someone you love has been involved in an accident with a distracted pedestrian, don’t wait to get legal advice. Insurance companies move fast to protect their own interests and other parties in your claim may retain legal representation fast.
Contact The Law Office of Mark A. Siesel to schedule a free consultation. You’ll speak directly with an experienced attorney who takes your case as seriously as you do. Our office serves clients throughout Westchester County and across New York, offering personalized representation built on nearly four decades of experience.