In all accidents there is an obligation on the plaintiff or injured party to show that they did all that was reasonable in the circumstances to ensure they hold no fault for the accident and subsequent injuries.
When you are walking you have a responsibility to ensure you know where you are going and to ensure you have the right of way to be there. If you are on your cell phone or reading a book etc, you are not paying attention to traffic and situations around you. You could walk into a pothole, a tree or even live traffic lanes.
Even worse, as a distracted walker, you could be responsible for injuring someone else such as knocking an elderly person or a young child into traffic.
Distracted driving is an already well-established issue which is regulated in many provinces. The same principles apply to distracted walking and there are municipalities which are already discussing imposing fines for using a cell phone while walking on city streets and sidewalks in an effort to protect the public from injuries.
When someone is injured, the goal of the lawsuit is to bring people back to the position they were in prior to the accident by collecting financial damages. However, there is no amount of money that can replace your health. Put the cell phone away and watch where you are walking.
If you have had an accident and you need assistance please call Preszler Injury Lawyers at 1-800- JUSTICE.