State Legislators Looking To Ban Habits Of Distracted Pedestrians

The New York Times of January 26, 2011, cites further efforts by lawmakers across the country to curb iPod and cell phone usage by pedestrians and bicyclists. Not only are legislators in New York and Arkansas looking to curb distracted walkers, but they are working in other states on banning non-motorists' earbuds. (Interestingly, the Arkansas proposal was withdrawn earlier this week due to a flood of protests by constituents.)

In Oregon, for instance, pending legislation would forbid bicyclists from using mobile phones and music devices, while in Virginia, a bill has been proposed to prevent cyclists from using a "hand-held communication device."

In California, the same state senator who led a successful campaign against text messaging by motorists is now re-introducing a law to fine bicyclists $20 for first-offense texting.

But is there evidence for regulating the use of earphones by walkers and cyclists? Many lawmakers cite anecdotal incidents of injuries to iPod-wearing exercisers. The Governors Highway Safety Association reports there was a slight increase in pedestrian fatalities in the first six months of 2010. A spokesman for the group indicated that distractions may be the root of the uptick in deaths.

A professor of cognitive science at the University of California at San Diego, Hal Pashler, states that listening through earbuds overpowers the brain, blocking everything else out, more than any other type of multitasking.

Do distracted pedestrians pose a risk to anyone other than themselves? Even advocates of limiting exercisers' use of electronic devices admit that the person most likely to be hurt is wearing the earbuds.

Distracted Pedestrians Walk Into Accidents

Distracted drivers have generated much attention over the past few years -- Enough to get many states to ban cell phone usage and text messaging while operating a motor vehicle. Lately, however, a new phenomenon has emerged: distracted walking.

As cell phones, MP3 players, and other mobile devices become more and more ubiquitous, there has been an increase in injuries suffered by pedestrians. People everywhere can be seen walking while talking on cell phones, sending text messages, listening to music, and surfing the web. What they are seemingly failing to see, is what’s right in front of them. 

In 2008, more than 1,000 pedestrians visited emergency rooms because they were injured while walking and talking or walking and texting. The number is double that of 2007, which is twice as much as 2006. Along with the increasing number of injuries is the number of people with mobile devices, both of which show no signs of slowing.

Most injuries suffered by distracted walkers are minor, such as bumps, bruises, sprains and fractures, but in the most extreme cases, the injuries can be fatal. The majority of the injured are under the age of 30, those who spend the most amount of time with their various gadgets, but over a quarter fell under the baby boomer category. Deaths have been reported of people who walked into oncoming buses, trains, and trucks while listening to music and talking on the phone.

Researchers have found that the problem isn’t only a matter of misstepping while multitasking, it’s that talking or texting has a cognitive effect on people, capturing much of their awareness. Some people are so oblivious to their surroundings when engaged with a mobile device that they fail to see life unfolding around them. Researchers call this phenomenon “inattention blindness.”

In California and Texas, campaigns have sprouted warning pedestrians to be focused on the task at hand and put safety first. In accidents that are caused by pedestrian distraction, not only is the pedestrian putting himself or herself in harm’s way, but also those in nearby vehicles, crosswalks, and sidewalks. And cell phones aren’t the only way pedestrians can be distracted, looking in a different direction than you’re headed, eating on the run, attempting to find something in a backpack or luggage, and being lost in thought can also disrupt one’s walk.

At the Law Offices of Joe Bornstein we see firsthand injuries suffered by pedestrians. If you’ve been injured by the negligence of someone else, call us today for a free and confidential consultation. You may be entitled to compensation.

And remember, if it would distract you while you’re driving, it will distract you while you’re walking. That and keeping your focus may just keep you out of the emergency room, which is a distraction nobody needs.