California lawmakers have already tackled texting while driving. But what about those mobile-users who take texting to the sidewalks?
Texting and walking may seem innocuous compared to its deadly behind-the-wheel cousin. Still, concern is growing about pedestrians who send and receive text messages: walkers who are not paying attention can be a danger to themselves and others.
Despite Web Humor, Pedestrian Texting No Laughing Matter
Many internet-users have gotten a chuckle out of a widely-circulated video of a woman so absorbed in texting that she walks into a mall fountain. When she surfaces, the woman is drenched and embarrassed, but unharmed.
While the mall-texter's ordeal may be good for a laugh, it reveals the gravely serious problem with texting and walking: she never saw it coming.
Many pedestrians are so distracted by texting that they will step into the path of an oncoming vehicle while crossing the street; even when walkers have the right of way, inattentiveness can be a factor in pedestrian crosswalk accidents. Texters can collide with street signs and similar objects, bicyclists or even other pedestrians. And, the potential for falls is enormous (there have been recorded instances of pedestrians disappearing into open manholes while perusing their mobile devices).
California police officers have even recorded a significant uptick in crime aimed at text-messaging pedestrians: not only does a nice cell phone present a tempting target for a mugger, walkers who are texting are not paying attention to their surroundings. Thieves have found that victims who are texting are easier to surprise and have a harder time identifying perpetrators in police lineups.
Looking Out For Those Injured In Pedestrian Accidents
California Senator Joe Simitian authored the state's texting and driving law, as well as a recent update that could stiffen penalties and apply the texting ban to bicyclists. But, as far as implementing a pedestrian equivalent?
"At some point we just have to ask folks to be responsible for their own common sense and well being," Senator Simitian told KABC news; he has no intentions of outlawing texting while walking.
Although it may remain legal to text and walk for the foreseeable future, it does not give Californians carte blanche to be irresponsible cell-phone users. When accidents happen, a court can apportion responsibility among involved parties and ensure that injured parties are justly compensated.
Even if you were hurt while texting, you may be entitled to compensation from others whose actions contributed to your injuries. If you have been involved in a pedestrian accident, contact a San Diego personal injury attorney to explore your legal options.
