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Look Out for that Car! Pedestrians and Bicyclists Increasingly At Risk

Posted: December 21, 2011

Buffalo, NY -- While safer cars are resulting in fewer fatalities and serious injuries for those riding in vehicles, pedestrians and bicyclists are not as fortunate. Nationwide, pedestrian fatalities increased 4.2 percent in 2010 over 2009, according to the National Highway Traffic Safety Commission (NHTSA). In New York State during the same time period, the number of accidents involving pedestrians increased 4 percent, with a 1 percent increase in fatalities and a 5 percent increase in injuries, according to the Department of Motor Vehicles (DMV).

New York State also saw an 11 percent increase in motor vehicle versus bicycle accidents in 2010 compared to 2009, with the number of bicyclists killed increasing by 24 percent, and a 12 percent increase in injured cyclists.

“While the NHTSA has been unable to determine the exact cause of these increases, there is anecdotal information that more people are walking and biking -- and at all times of the year,” said Jeffrey Freedman, senior partner, Jeffrey Freedman Attorneys at Law. “Our firm has handled a significant number of pedestrian and cyclist claims over the years, but in the past they mostly have occurred in spring, summer or early fall -- this year we filed a claim for a December accident. That shows the trends are changing.”

The rising statistics add evidence to the National Transportation Safety Board’s case recommending a country-wide ban on the use of all cell phone and electronic devices while driving.

“Although there are other contributing factors to the increases, there is no doubt distracted driving is resulting in more accidents overall,” said Christopher Kerr, managing attorney of the Personal Injury department for Jeffrey Freedman Attorneys at Law.

“In our area, we’ve seen increases due to good weather bringing out more bikers and walkers, increases in bad weather because people don’t clear their sidewalks and walkers take to the streets, and increases because there are no sidewalks in many suburban areas. But the one constant is that drivers are either talking or texting on cell phones and not paying attention to the road.”

Studies have shown that walkers using cell phones were more likely to step into a crosswalk without looking, and that drinking plays a significant role in fatal pedestrian incidents. According to NHTSA, 35 percent of pedestrians killed in 2009 were legally drunk, and 13 percent of the drivers involved were impaired. In 6 percent of pedestrian/motor vehicle accident fatalities, both driver and pedestrian were over the legal limit.

“Pedestrians and cyclists need to take responsibility for their own safety as well,” Freedman said. “When they drink to excess, cross against a light, wear dark clothing, and don’t pay attention to traffic patterns, they make it very difficult for drivers to avoid them.”

In New York State, where it is illegal to use a cell phone while driving and drivers are ticketed for using phones, it is easier to find statistical evidence that this distraction has been the cause of accidents.

“Not all states, however, have the same laws, so we have no way of knowing for certain what is driving pedestrian or cycling accidents up nationwide. Law enforcement is required to report if alcohol has been a factor in an accident, but in many states they are not required to report if the use of an electronic device has been a factor,” Freedman said. “If the NTSB’s ban is adopted, that will change. Only then will we have better data detailing the cause of the increase in accidents involving cars versus pedestrians and bicyclists.”

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