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Were you texting while walking when that Mustang struck you?

Here is the problem: You step off the curb at a pedestrian crosswalk, and a Mustang convertible sideswipes you. Fortunately, your injuries are not as serious as they could be, but you do have a broken ankle, a bruised hip and a badly sprained wrist.

The Mustang is traveling at an unsafe speed because the driver is busy texting. However, you are also texting as you walk, so the driver’s insurance company may not see you as the victim of this accident.

Joining “the walking distracted”

A study performed by researchers at The Ohio State University indicates that the number of distracted pedestrians injured in accidents is increasing. You can probably guess the reason: Pedestrians are often using their cellphones while walking. It is simply a matter of talking, texting or even playing a game online and not watching where you are going. The journal article, published in August of 2013, includes information from a database that contains emergency room injury reports from 100 hospitals nationwide. The data shows that young people from 16 to 25 are the most likely to suffer injury as distracted pedestrians.

Disputing your claim

You plan to file a claim with the Mustang driver’s insurance company but decide to reach out for help. This is a good idea. A personal injury attorney will tell you that an agent may try to deny your claim, contending that, as a distracted walker, you have only yourself to blame for your injuries. If the insurance company does offer a settlement, it will likely be unacceptably low.

A team effort

Your case is complex but certainly not impossible to win; after all, there is the matter of a speeding Mustang and a driver distracted by texting. The key is to take advantage not only of legal expertise but also of the outside resources your attorney can provide, such as medical professionals and accident re-constructionists. Despite the texting issue, the team approach will go a long way toward helping you succeed in receiving full and fair compensation for the injuries you received when entering a pedestrian crosswalk.

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