We are currently drafting a mediation statement for a significant and tragic case in which our clients’ husband and father was crossing the street at a pedestrian crosswalk and struck by a careless driver, resulting in a traumatic brain injury, months of treatment, and ultimately his death. In this age of enhanced vehicle safety technology and stronger laws regarding pedestrian safety, one might think that the frequency of pedestrian deaths should be quite low.
However, the latest data suggests just the opposite: According to the Governors Highway Safety Association (GHSA), which tracks the annual number of pedestrians struck and killed by motor vehicles, more than 7,500 pedestrians were struck and killed in 2022 – the most since 1981. This means an average of 20 pedestrians each day are killed on US roadways. GHSA has not yet released its 2023 data, and will release its preliminary analysis for the first half of 2023 later this months.
Even more surprising is that 2022 was no anomaly. In fact, the data shows an annual increase in the number of pedestrian deaths each year since 2010 — a 77% increase in pedestrian fatalities over that timeframe:
Root Causes of Pedestrian Fatalities
Not surprisingly, the faster a vehicle is traveling, the greater likelihood that the impact with a pedestrian will result in death. This is due to two primary factors: 1. Greater speed results in greater force to the struck pedestrian; and 2. Greater speed results in less perception-reaction time (PRT) for the driver to react to a pedestrian in the roadway and avoid or minimize impact. The GHSA report found that speeding as cited as a factor in 29% of all pedestrian fatalities.
Other key causes of fatal pedestrian-motor vehicle accidents noted in the report include:
- Driving Under the Influence of Alcohol or Drugs
- Light Conditions – most pedestrian fatalities occur at night
- Roadway Factors – including the presence (or absence) of sidewalks, pedestrian crosswalks, or intersections
- Vehicle Type – not surprisingly, larger vehicles are inherently more dangerous to pedestrians, and there have been an annual increase in the number of trucks as a percent of total vehicle sales
What About Distracted Driving?
Interestingly, one factor that was not analyzed in the GHSA’s report was distracted driving. Previous GHSA research showed that distracted driving is a major cause of traffic fatalities:
In 2021, 3,522 people died in distraction-related crashes, up 12% from the year before and accounting for 8.2% of all road deaths
Indeed, our attorneys have substantial experience representing individuals and families in cases involving distracted drivers. For instance, Passen & Powell recently represented the family of a young boy who suffered a severe traumatic brain injury (TBI) when their car, which was stopped for construction-related traffic on the highway, was rear-ended by a tractor-trailer at 60+ miles per hour because the truck driver was distracted by setting up a music playlist on his personal mobile device. We were able to reach a $24.6 million settlement for the family.
There is no question that distracted driving, especially with handheld mobile devices — texting while driving, surfing the internet, making social media posts or videos, looking at navigation, etc. – is a major cause of serious motor vehicle crashes, including pedestrian fatalities.
Legal Representation for Pedestrian Accidents
In any case involving a pedestrian fatality in a traffic crash, it is critical for the family or trusted advisor to contact an experienced attorney as soon as possible so that evidence is preserved and investigated — not only by the police and defense insurance companies, but also by an advocate for the surviving family. For any questions or to discuss a new matter, contact Passen & Powell for a Free Consultation at 312-527-4500 or email info@passenpowell.com