Study: pedestrians and bicyclists should watch out for distracted drivers

A recent study shows that the number of fatal pedestrian and bicycle accidents caused by distracted drivers has increased.

2014-03-21

March 21, 2014 (Press-News.org) In recent years, study after study has discussed the dangers that distracted driving poses to other drivers. However, other drivers are not the only persons put at risk when someone decides that staying connected to the virtual world is more important than paying attention in the real one. According to a new study by the University of Nebraska Medical Center, distracted driving is increasingly causing fatalities among bicyclists and pedestrians.

The study looked at accident records between 2005 and 2010, focusing on bicycle and pedestrian accidents where the driver was using a cellphone, GPS system, radio or other distracting device before the accident. It was found that the number of fatal pedestrian accidents per 10 billion vehicle miles traveled (VMT) increased from 18.7 to 24.6 during this time period. Likewise, distracted drivers became more of a threat to bicyclists during this time, as the number of fatal bicycle accidents increased from 116.1 to 168.6 VMT.

Legal remedies in Alabama

The results of the study make it clear that bicyclists and pedestrians in Alabama and nationwide should be on the lookout for inattentive drivers. Unfortunately, in many accidents caused by driver distraction, vigilance only goes so far as a preventative measure. Fortunately, Alabama law gives drivers a powerful reason to stay focused on the road.

Under the law, when a person is killed by someone else's careless or negligent conduct, a wrongful death lawsuit may be filed against the responsible party to recover damages. In Alabama, wrongful death lawsuits must be filed by the personal representative of the decedent's estate. However, any damages recovered are distributed to the decedent's heirs.

Alabama's wrongful death statute is different from those in other states. Unlike many other states, where the purpose of wrongful death is to allow recovery for the monetary (e.g. loss of income) and non-monetary (e.g. pain and suffering) losses suffered by the family, in Alabama, this type of lawsuit serves purely to punish the responsible party and to deter others from engaging in similar conduct.

Pursuant to the law, Alabama juries may award damages for any amount that they deem fit under the circumstances. In deciding on the amount, the jury may consider the severity of the negligent act, the necessity of punishing the responsible party, as well as the party's financial status.

If you have lost a loved one due to an act of negligence, it is wise to consult with an experienced personal injury attorney. As the law surrounding wrongful death is full of exceptions, an attorney can fully advise you on your right to pursue compensation under the law.

Article provided by Drake Law Firm
Visit us at www.drakelawal.com

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