Pedestrian accidents, as you may have learned the hard way, are very often the result of driver negligence. Maybe the driver wasn’t paying attention and failed to stop at a crosswalk, or maybe he or she made a quick left turn in front of oncoming traffic, only to realize at the last second that the pedestrian in front of the car had the right-of- way while crossing the street. The potential sources of driver error in pedestrian accidents are numerous, too numerous to cover all of them here.
In the form of “do’s and don’ts” for motorists, this chapter discusses those that are, in my opinion, the most common. My hope is that the practical advice offered in this chapter will not only help you as a driver to avoid future accidents, but also, as an accident victim, that it might help you better understand what happened to you. Some of the advice may seem obvious, and some less so, but it’s been my experience that what seems like common sense is commonly ignored and represents the most frequent causes of accidents.
However, this chapter doesn’t stop with the driver. I have also included do’s and don’ts for the pedestrian—precautions and practices to help you and those you care about avoid future accidents. However, simply because you are a safe and responsible pedestrian does not mean that a driver acting irresponsibly will not crash into you. But it does mean that, should you get hit, it will be easier to demonstrate that the driver was at fault and that you deserve full compensation for your losses.
Do’s and Don’ts for the Driver
Do: Slow down when around pedestrians.
Excessive speed is one of the most common contributing factors in collisions with pedestrians. The faster you drive, the quicker your reaction time needs to be—the less time you have to apply the brakes and to swerve out of the way, and the less time you have to scan your surroundings for pedestrians. When you drive too fast, any errors in driving are magnified. A second of inattention is more dangerous at higher speeds because the car covers a greater distance while you are distracted. If you over-correct in your steering, you veer further from the intended path the faster you’re traveling. Excessive speed also contributes to the severity of the accident. The force with which two objects collide is a function of two things: their mass, or size, and their acceleration—that is, their speed. And it’s been calculated that an accident between a pedestrian and a car going 20 mph has only a 5% chance of being fatal. But one traveling at 30 mph raises the likelihood of death to 45%. An additional 10 mph puts the likelihood of death at 85%.
Do: Yield to pedestrians at all crosswalks, those that are explicitly marked and those that aren’t.
What exactly defines a crosswalk? Most people assume, incorrectly and unfortunately, that a crosswalk is by definition clearly marked with solid white or yellow lines—or, recently, with flashing lights— and that cars must only yield to pedestrians when crossing these explicitly marked paths. Not so. Only a small percentage of crosswalks are explicitly marked. In every state in the country, a crosswalk is said to exist at every intersection at which streets meet at right angles, in addition to those that are visibly painted or otherwise indicated in the middle of the block. These so-called “implicit” crosswalks at intersections require drivers to exercise the same caution and to yield to all pedestrians traversing the road. In other words, a crosswalk exists at every intersection, and drivers must always yield to pedestrians.
Do: Look for eye contact from pedestrians waiting to cross the street.
How do you tell the difference between a person simply standing on a street corner and another waiting to cross? Though there’s no foolproof indicator of a pedestrian’s intention, the most reliable answer is eye contact. Pedestrians intending to cross the street very often look for confirmation that the oncoming driver sees them. When a pedestrian is looking to make eye contact with you as you approach, or as you wait to make a turn, it most likely means that he or she intends to cross.
Do: Watch for pedestrians before making a turn.
Again and again, drivers strike pedestrians while making a turn. When you are turning right at an intersection on a green light, for example, it’s easy not to see the pedestrians coming from behind— they’re on the edge of your peripheral vision and in your car’s blind spot. Making a left turn is also hazardous, but for a slightly different reason: the driver’s attention is most likely to be focused on finding a big enough gap in the oncoming traffic. Drivers typically make left turns more quickly for just this reason. In general, yielding to pedestrians while making any sort of turn on a green light is at least somewhat counter-instinctual. Green, after all, means “go.” Also, making a right turn on a red means that you should also look left for pedestrians crossing your path. The car next to you, which may be continuing straight ahead, might easily obscure your view of pedestrians about to cross in front of you.
Do: Give older pedestrians the time they need to cross the street.
Elderly pedestrians are more likely to take longer to cross than their younger counterparts. They may also require more time than the traffic light allows them. Unfortunately, impatient, anxious and aggressive drivers often fail to give older pedestrians sufficient time, and instead attempt to cut them off or drive around them within inches of their heels, both of which leads to accidents. Drivers must also be aware that elderly pedestrians often must make do with diminished hearing and vision. Not only does this mean that they might not detect the presence of your vehicle, regardless of how far away you are, but also that they might make mistakes. Like stepping
Do: In bad weather, apply the brakes earlier when stopping for a pedestrian.
In most pedestrian accidents involving bad weather, the driving conditions themselves were not the cause of the accident. Rather, it was the driver’s failure to take the weather into account. Inclement weather usually results in, among other things, poor visibility and slippery roads. A slippery road means uncertain breaks and maneuverability, a dependable recipe for an accident. Contrary to what most people assume, rain and snow are often the most dangerous just after they begin to fall—the oil and dust that has not yet been washed away combines with water to form a slick layer on the road. Remember that precipitation of any kind means that your car needs more time to come to a complete stop, so err on the side of caution and put on the brakes earlier than you think you need to when stopping for a pedestrian.
Do: Follow special guidelines around blind pedestrians.
There are a number of important guidelines to follow when yielding to blind pedestrians. The first is that blind pedestrians, whether they’re using a guide dog or canes, should always be given the right of way, no matter where or when they’re crossing—it’s the law. The second is that you should stop your car no more than 5 feet from the crosswalk. Blind pedestrians must rely on the sound of your car in determining whether you have stopped or are continuing to move towards them. Stopping close to the crosswalk will help ensure that the blind pedestrian knows you’ve stopped and that it is safe to cross. For this reason, those who drive hybrid or electric cars, which make less noise, must be aware that blind pedestrians will have a far more difficult time detecting the presence and motion of the vehicle. Finally, do not honk or give verbal directions to blind pedestrians. It will only impair their ability to cross safely.
Do: Be especially cautious around schools or where children are likely to be.
As we’ll discuss in more detail in the following chapter, children are developmentally unprepared to be consistently safe pedestrians. For example, the ability to accurately detect the distance, direction and speed of vehicles by sight and sound requires a degree of cognitive development than many young children don’t yet possess. Their motor coordination also trails behind adults’, and both diminished attention and heightened impulsiveness make for a bad combination when it comes to traffic safety. There’s a reason why the proverbial child chasing the ball into the street appears in virtually every driver’s safety video. Children, especially young children, can’t be relied on to act calmly, safely and responsibly, and drivers should take extra care when they’re around.
Don’t: Drink and drive.
Fourteen percent of pedestrians killed in an accident are the victims of drivers with a blood-alcohol level above the legal limit. Fortunately, it’s now common knowledge that drunk driving is exceptionally unsafe, both for the intoxicated driver as well as for the others who share the road and sidewalks. When under the influence of alcohol, our coordination, response time and judgment become increasingly less reliable the more alcohol we consume.
Furthermore, the costs of a DUI arrest are great, both emotionally and financially. Emotionally, there is the shame of being arrested, of having to go to court, of dealing with the Department of Motor Vehicles (DMV) and of telling your family, maybe even your boss. But all that, traumatic though it is, pales in comparison to the legal consequences and unspeakable guilt of taking the life of an innocent pedestrian or another driver.
Don’t: Pass when the car in front of you has stopped at a crosswalk.
This is a common scenario in pedestrian accidents. A driver approaching a crosswalk eyes a waiting pedestrian and decides to stop. The car behind him, unable to see the pedestrian crossing in front of the car, impatiently passes the conscientious driver and strikes the pedestrian in the middle of the street. Drivers are also liable to assume that the car in front of them is waiting to turn left but simply forgot to signal, so they zip around the right side and strike the pedestrian just as they’re stepping off the curb. The moral is this: when the car in front of you appears to stop in the middle of the road, don’t jump to any conclusions, look carefully for crosswalks or pedestrians and proceed cautiously.
Don’t: Stop your car in the middle of a crosswalk.
We’ve all seen this before: pedestrians forced to walk around a car blocking their path to the other side of the street. This puts pedestrians in serious danger. Blocking the crosswalk obscures other drivers’ view of the pedestrians, as well as the pedestrians’ view of the oncoming traffic in the opposite lane. It also forces pedestrians to venture outside the crosswalk, whether or not the crosswalk is clearly marked, where other cars may not expect them to be.
Don’t: Block any sidewalk.
The dangers for pedestrians that arise when a car blocks the sidewalk are the same as those of a blocked crosswalk. It forces them out of their normal path and to walk either closely behind or in front of the vehicle blocking the way, neither of which are safe. Also remember to yield to any pedestrian when you’re pulling into or out of a driveway or alley.
Don’t: Stop too close to pedestrians in a crosswalk.
The reason is a familiar one: visibility. When you pull up too closely to the crosswalk, it can obscure another driver’s view of the pedestrians. The general principle is that, when pedestrians are out in the open— rather than against a close background, typically a car—they will be much more apparent to drivers.
Don’t: Get distracted.
Driver distraction is one of the most common causes of car accidents in general, and pedestrian accidents are no exception. It’s entirely possible that the driver who struck you was distracted in the moments before the accident. What constitutes a distraction? Changing a CD, looking for a song on an iPod, tuning the radio, fishing around for something in the glove box, talking to a passenger—these are common. But by far the most common, as I’m sure you’ve guessed, is the ubiquitous cell phone. Whether drivers are talking or texting, cell phones occupy their minds, diverting mental energy from the task of driving.
Driving can be tedious, especially if you’re caught in traffic or driving your daily route for the umpteenth time, and it’s tempting to use your phone to pass the time or get work done. Nonetheless, the research on this point is incontrovertible: cell phone use—with or without a hands-free device—significantly impairs driving performance and is one of the most common contributing factors in accidents. If your mind is driving along with the rest of you, you’ll be a better, safer driver.
Don’t: Drive aggressively.
The banner of “aggressive driving” covers most of the driving practices and habits that frequently cause accidents, pedestrian and otherwise. We all know what driving aggressively usually entails: tailgating, waiting to the last second to merge, cutting other drivers off, swerving across lanes, laying on the horn, accelerating rapidly, refusing to let other cars in—the list goes on. But the problem with aggressive driving extends beyond the aggressive driver. It affects how others drive as well, potentially igniting road rage or making others nervous, neither of which bode well for safety on the road. Driving defensively, on the other hand, simply means being cautious—being on the lookout, so to speak. It means using your peripheral vision, checking your blind spots, glancing in your mirrors, using your turn signal before changing lanes and—more often than not—it means slowing down.
Do’s and Don’ts for Pedestrians
Do: Cross at marked crosswalks and intersections.
This may sound like a no-brainer, but the number of pedestrian accidents would plummet almost immediately if everyone observed this simple rule. The majority of pedestrian accidents actually occur away from intersections—76% in fact. It’s largely a matter of drivers’ expectations. They expect to see pedestrians at crosswalks and intersections, and, as a result, they often slow down and pay more attention—a surefire formula for accident prevention. Accidents that take place at intersections are also far less severe than those that occur on major roads, which have few if any intersections. Due to higher speed limits, around 70% of fatal pedestrian accidents on major roads.
Do: Walk on the sidewalk whenever possible.
Walking on the sidewalk instead of the road is another obvious- sounding but nonetheless important way to avoid being hit. Very few pedestrian accidents, as you would probably guess, occur on sidewalks. In areas where there is a sidewalk, drivers will be even less likely to expect a pedestrian in the road, and when drivers don’t expect to see you, they very well might not.
Do: Check for cars turning before beginning to cross.
Consider that both pedestrians and drivers making a turn—whether to the left or right—usually have green lights at the same time. So imagine what would happen if everyone acted as though a green light meant it was automatically safe to proceed. You as a pedestrian have the right-of-way, but that doesn’t mean you’re safe or invulnerable. Make sure to look over your left shoulder for cars making a right turn.
Do: Make sure the drivers see you before crossing.
Try to make eye contact with approaching drivers, including those making a turn. That will help ensure that you know that the driver sees you and the driver knows that you seem him. Drivers too will hopefully be looking to meet your gaze as confirmation that you intend to cross.
Do: When walking on a road with no sidewalk, walk on the left side of the road.
Few people are even familiar with, and even fewer follow, this important recommendation. We are so ingrained to walk and drive on the right side that it strikes us as inherently dangerous to walk against the traffic direction. The opposite, in fact, is true. If you must walk on a road with no sidewalk—which is to be avoided if possible—it’s safer to do so on the left side of the road. You’re more likely to see approaching cars in advance, giving you more time to get out of the way and negating the possibility that you’ll take an unintentional sideways step at just the moment a car is passing you from behind.
Do: Be especially cautious at night.
It should come as no surprise that, according to recent statistics, the majority of fatal pedestrian accidents occur between 6 PM and midnight. Pedestrians—who, unlike cars don’t come equipped with headlights—are much more difficult to see at night. Even on a clear night, for example, drivers’ visibility is diminished—the headlights cannot follow the curves of the road. What they can see is limited to the angle and range of the beams, giving them visual access to far less of the environment than during the day. If you must walk on the road at night, make sure to wear bright clothing to heighten your visibility. Wearing reflectors and carrying a flashlight is even better.
Don’t: Cross between two parked cars.
It’s especially dangerous to cross in the middle of the block between two cars parked on the side of the road. This is another common accident scenario. The danger derives at least partly from the fact that the pedestrian must be more or less in the road in order to see if it’s safe to cross. The pedestrian is also camouflaged by the parked cars, and any situation where both the pedestrian’s and the driver’s view of each other is compromised, accidents are likely to occur.
Don’t: “Dart out” or run into the street.
This one may also sound too obvious to mention, but so-called “dart out” accidents are disturbingly common, where the pedestrian appears suddenly in front of the car and the driver is unable to stop in time. Dart out accidents are also especially disadvantageous for the pedestrian because the driver is rarely judged to be at fault, which puts strict limits on the compensation that the pedestrian is entitled to.
Don’t: Enter the road on a “don’t walk” indicator.
All but the most safety-conscious among us have, at least once in our lives, probably stepped out into an intersection after the green pedestrian light indicating “WALK” turned into a flashing red “DON’T WALK.” Nonetheless, it’s for a reason that these indicators begin to flash when they do: there is too little time left to safely cross the street before the light changes.
Don’t: Assume that a car will stop for you.
A big one, to be sure. Many of the accidents I’ve dealt with over the years have involved one person putting too much faith in another. Drivers will do what they want, not what we as pedestrians want them to do or what we think they’re going to do. They see what they see, not what we assume they see, nor even necessarily what is right in front of them. There are a lot of inattentive, inexperienced and plain ole bad drivers out there, and we would all do well to remember that. As I pointed out before, simply because you have the right of way does not guarantee your safety. The frequency of accidents is proof that people make mistakes. So walk defensively.
Don’t: Walk behind a car that is backing up.
Yet another frequent cause of pedestrian accidents. Drivers backing up will hopefully, at the very least, check their rearview mirror before pulling out, but many don’t look over their shoulder and check their side view mirrors as well. That means that they see what’s behind them at the moment they look, but not who may be crossing their path as they start backing up. Large vehicles like SUVs and trucks, due to their height, pose an even greater risk. Their drivers are especially likely to back into a pedestrian crossing behind them, and the likelihood increases the taller the vehicle, the shorter the pedestrian and the closer he or she is to the rear of the vehicle. Stories of parents driving an SUV and backing over their child are distressingly prevalent for this reason.
If you or someone you care about has been in an accident, we’re here to talk.
Contact us today for a free consultation.