Posted on Oct 07, 2015

It seems that everyone you see walking nowadays - whether they are walking in the mall or on the sidewalk - is distracted by their cellphone. Maybe they have their headphones in and are listening to music, or they're texting or on a call, or they're scrolling Facebook and checking Instagram.

Whether you are guilty of this distracted cell phone use or not, we've all seen it happen. 

This Washington Post article reports that the American Academy of Orthpaedic Surgeons has found that 60% of pedestrians are distracted while walking on the street. Especially in a busy city like DC, the numbers we're used to may even be a little higher. 

What causes the distraction, though? Are we all so busy that we can't take a moment to unplug - does work require our 24/7 attention? Do we need up to the second updates on what celebrities are doing? Can we not walk or run without thumping rhythms in our ear? 

Even worse, are we addicted to our mobile devices?

No matter the cause, distraction makes for a dangerous driving environment. Being distracted behind the wheel, or in this case, when walking on the sidewalk, heightens the possibility that you will get hurt or cause someone else to get hurt - signifcantly so.

The attorneys at Donahoe Kearney know that distracted drivers and pedestrians can cause accidents. Some studies compare distracted driving - texting, talking on the phone while driving - to drunk driving in terms of dangerous behavior.  But many people who would never drink and drive (or don't even drink) will text, check email and send updates. 

No one who causes an accident admits to texting and not looking where they were going before they hit you.  So how do you prove it? 

When the police come, they should investigate - asking the other driver and witnesses about the cell phone use.  Later, you get the cell phone records with a subpoena - all of the major carriers have a process for this.  We've been able to accurately time events through cell phone records.

If one of these distracted drivers caused an accident where you were injured in our area, we can help in getting you the compensation you deserve to make up for the harms the distracted driver caused - things like your medical treatment, surgery costs, hospital bills and money for future medical treatment for permanent, life long injuries and the income you've lost as a result.  

Learn more about what to do after a serious accident in D.C., Maryland or Virginia by downloading a copy of our e-book, The Ultimate Guide to Accident Cases in the DMV.  It should help you get started (and if the injuries are minor, will help you decide whether you even need a lawyer).

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer