Law Blog

Distracted Walking: The Dangers of Walking and Texting

We’ve all heard of the dangers of texting and driving. Nearly every state has enacted cell phone use laws criminalizing this behavior. However, there may be a far more dangerous cell phone related activity, and it mostly only involves our feet.

A recent study conducted by Ohio State University indicates that pedestrian cell phone injuries doubled between 2004 and 2010, topping out around 1,500 nationwide incidents where pedestrians were rushed to the emergency room. The Pew Research Center indicates that nearly half of all cell phone users have reported being bumped by or bumping into someone or something while using their phone. Unsurprisingly, the age range of the most at-risk individuals is 16-25.

While many of these injuries may be minimal, cell phones are being blamed for the deaths of two teenage girls who were both tragically struck by trains in the San Francisco Bay Area. As these types of injuries and deaths become more common, it is likely that personal injury and wrongful death lawsuits will too. This potential for lawsuits may cause local governments to take action.

Regardless of how you feel about government regulation, criminalizing otherwise innocent behavior (i.e. using a smartphone) is not exactly ideal. As an alternative to criminalizing innocent behavior, it may be possible for local governments to limit or shut down cellular towers near train crossings or in busy, metropolitan areas during certain hours.