If you are hit by a car as a pedestrian, you will usually not be considered at fault. The other motorist is expected to yield the right-of-way to pedestrians. However, the defense will do everything they can to have your claim dismissed and the act of "distracted while walking" can be used as an excuse to dismiss your claim if you don't have a good attorney.
The Consequences of Being Distracted
While cell phone laws typically apply to those who are driving, you will want to be careful when using your cellphone and walking at the same time. You should not walk nearby a roadway while on your cell phone.
There are many dangers you will want to avoid while traveling near a roadway such as curbs, construction areas, oncoming traffic, crosswalk sign changes, speeding cars, and cars that are disobeying road signs. Also, while distracted, you are less likely to get out of the way if another driver is not paying attention and is about to hit you.
Arguments Made by the Defense
The other driver might argue that you were distracted, that you weren't following the normal rules expected of a pedestrian, and that you were not very visible. For example, you might have stepped out from behind a car while on your cell phone. This can be used as an excuse to try to reduce your settlement if you attempt to avoid fighting your case in court.
However, you may be able to counter the claim of the driver with the help of a personal injury attorney. For example, you might point out that you were wearing bright and reflective clothing and that the driver should have seen you. The defense will also need to prove that you were using your mobile device at the time of the accident by subpoenaing cell phone records or having photographic evidence.
You will likely settle with the insurance provider of the driver. The insurance provider will do everything possible to reduce the settlement that you would receive for the accident and will therefore try to accuse you of being partially at fault for the accident.
However, when your attorney works hard to calculate your damages, maximize your settlement, and prove that the other driver was much more at fault for the accident, you will be able to maximize the compensation that you receive for your injuries after the pedestrian accident.
For more information about working with a personal injury lawyer, reach out to a local law firm, or visit a website like https://www.bangelaw.com/.