Distracted Driving: A Leading Cause of Pedestrian Accidents

Imagine walking down the street, confident in your right-of-way, when suddenly a vehicle swerves, narrowly missing you. This near-miss is a stark reminder of the dangers of distracted driving, which has become a leading cause of pedestrian accidents. According to the National Highway Traffic Safety Administration (NHTSA), 3,275 people were killed in motor vehicle crashes involving distracted drivers in 2023. This alarming statistic underscores the urgent need to understand and address this critical issue to protect our communities.

What Constitutes Distracted Driving?

Distracted driving encompasses any activity that diverts a driver’s attention from the primary task of operating a vehicle safely. This includes, but isn’t limited to:

Mobile Device Use: Texting, calling, browsing the internet, or using social media.
Eating and Drinking: Consuming food or beverages while driving.
Grooming: Applying makeup, shaving, or styling hair.
Adjusting Vehicle Controls: Fiddling with the radio, climate control, or navigation system.
Interacting with Passengers: Engaging in conversations or attending to children or pets.
Daydreaming: Cognitive distractions that take the driver’s mind off the road.

These distractions fall into three main categories:

Manual Distractions: Taking your hands off the wheel.
Visual Distractions: Taking your eyes off the road.
Cognitive Distractions: Taking your mind off driving.

Texting while driving is particularly dangerous as it combines all three types of distractions. Sending or reading a text takes your eyes off the road for an average of 5 seconds. At 55 mph, that’s like driving the length of a football field with your eyes closed.

The Alarming Rise of Pedestrian Accidents Involving Distracted Drivers

The rise of smartphone use has coincided with an increase in pedestrian accidents involving distracted drivers. The Governors Highway Safety Association (GHSA) reported that pedestrian fatalities increased by 12% in 2021 compared to the previous year. Nighttime conditions are especially dangerous, with the majority of fatalities occurring after dark. In 2020, over three-quarters (76%) of pedestrian fatalities where the lighting condition was known happened at night.

Several factors contribute to this alarming trend:

Increased Smartphone Usage: The constant connectivity and allure of smartphones make it difficult for drivers to resist the urge to check their devices while behind the wheel.
Driver Complacency: Many drivers underestimate the risks of distracted driving and believe they can multitask effectively.
Lack of Awareness: Some drivers may not fully understand what constitutes distracted driving or the potential consequences of their actions.

Legal Consequences and Penalties for Distracted Driving

To combat distracted driving, many states have enacted laws that prohibit or restrict the use of electronic devices while driving. As of April 2025, all but Alabama and Missouri have primary enforcement laws, meaning an officer can cite a driver for using a handheld cellphone without any other traffic offense taking place.

Penalties for distracted driving vary by state but can include:

Fines: Ranging from \$30 to \$200 or more for first offenses.
Points on Driver’s License: Accumulating points can lead to license suspension.
License Suspension: A temporary or permanent revocation of driving privileges.
Increased Insurance Rates: A distracted driving conviction can significantly increase insurance premiums.
Jail Time: In cases of serious injury or death, distracted drivers may face criminal charges and jail time.

For example, in Pennsylvania, as of June 5, 2025, using an interactive mobile device (IMD) while driving is a primary offense. Effective June 5, 2026, the penalty is a summary offense with a \$50 fine, plus court costs and other fees. If a driver is convicted of homicide by vehicle and driving while distracted, they may be sentenced up to an additional five years in prison.

What to Do If You’re Involved in a Pedestrian Accident

If you’re a pedestrian hit by a car, here are crucial steps to take:

Ensure Safety: Move to a safe location away from traffic.
Call 911: Report the accident to law enforcement and request medical assistance.
Gather Information: Collect the driver’s name, contact information, insurance details, and license plate number. Also, get contact information from any witnesses.
Document the Scene: Take photos of the accident location, vehicle damage, and your injuries.
Seek Medical Attention: Even if you feel fine, see a doctor to rule out any hidden injuries.
Contact a Personal Injury Attorney: A lawyer can help you understand your legal rights and pursue compensation for your injuries, medical expenses, lost wages, and pain and suffering.

Legal Options for Pedestrian Accident Victims

If you’ve been injured in a pedestrian accident caused by a distracted driver, you have several legal options:

File a Claim with the Driver’s Insurance Company: This involves negotiating with the insurance adjuster to reach a fair settlement.
File a Personal Injury Lawsuit: If the insurance company denies your claim or offers an insufficient settlement, you can file a lawsuit in civil court.
File a Claim with Your Own Insurance Policy: In some cases, you may be able to file a claim with your own underinsured or uninsured motorist coverage if the driver lacks insurance or sufficient coverage.

To build a strong case, your attorney will investigate the accident and gather evidence to prove the driver was distracted. This evidence may include:

Police Reports: Official records of the accident.
Witness Statements: Accounts from people who saw the accident.
Cell Phone Records: To determine if the driver was using their phone at the time of the accident.
Surveillance Footage: Video recordings from nearby cameras.
Vehicle Data: Information from the car’s computer system.

Preventing Distracted Driving: A Shared Responsibility

Preventing distracted driving requires a concerted effort from drivers, pedestrians, and policymakers. Here are some steps we can all take:

For Drivers:

Put Away Your Phone: Place your phone in the glove compartment or backseat to avoid temptation.
Silence Notifications: Turn off notifications and alerts to minimize distractions.
Focus on Driving: Avoid eating, drinking, grooming, or engaging in other distracting activities.
Pull Over If Necessary: If you need to make a call or send a text, pull over to a safe location.
Be Aware of Pedestrians: Watch for pedestrians, especially in crosswalks, school zones, and residential areas.

For Pedestrians:

Stay Alert: Pay attention to your surroundings and avoid distractions like smartphones and headphones.
Use Crosswalks: Cross streets at designated crosswalks and intersections.
Make Eye Contact: Ensure drivers see you before crossing the street.
Wear Reflective Clothing: Increase your visibility at night by wearing reflective clothing.
Follow Traffic Signals: Obey traffic signals and crosswalk signals.

For Policymakers:

Enact and Enforce Stricter Laws: Implement and enforce laws that prohibit distracted driving.
Increase Public Awareness: Conduct public awareness campaigns to educate drivers about the dangers of distracted driving.
Improve Infrastructure: Design safer streets with designated crosswalks, pedestrian islands, and traffic calming measures.

Conclusion

Distracted driving is a serious threat to pedestrian safety, but it’s a preventable one. By understanding the risks, taking proactive measures, and holding distracted drivers accountable, we can create safer streets for everyone. Remember, a moment of distraction can have devastating consequences. Let’s all commit to driving responsibly and protecting our communities.

If you or a loved one has been injured in a pedestrian accident involving a distracted driver, don’t hesitate to seek legal assistance. Contact our firm today for a free consultation to discuss your rights and options.