Articles Posted in pedestrian injury

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Transportation is constantly changing. The year 2002 brought us Segway Personal Transporters; 2009 gave us Uber (formerly “Ubercab”); 2010 brought bike-share companies to the U.S.; and 2017? Scooters. Yes, the same toys we used to ride around our neighborhoods as kids have now become electrified and are the newest, hippest mode of transportation in at least 21 states of the U.S. These electric scooter companies — namely Bird, Lime, and Spin — are taking cities by storm in recent months. People from the company drop off dozens of scooters at “nests” located around the city each morning for civilians to pick up. The person can pay through the app the $1 starting fee, ride it around — paying additionally by time or mileage — and then just drop the scooter off wherever he or she would like. At the end of the night, the company collects the scooters around the city to check for maintenance and repair needs and then deposits them around the city streets the next morning. At first blush, this idea seems great! Avoid traffic, get to a close distance quickly, and for cheap! Upon closer observation, however,  just as the scooters seem to be taking over, more and more problems are quickly emerging with the newest toy-turned-transportation.

First, safety. There have been numerous accidents reported in the last few months as the scooters have become more readily available to the public. The websites and apps for these scooters suggest the riders should wear a helmet; however, there is no method of enforcement from the businesses, and when a person picks up a Bird to ride around town, a helmet does not come attached to the scooter for a rider to wear, and people walking around downtown are likely not already carrying a helmet with them when they get the urge to pick up a scooter. Bird only provides a helmet when a rider puts in a request for one. Personal injury attorneys across the country are reporting dozens of people seeking representation after getting injured on these scooters, and liability and insurance surrounding this latest mode of transportation is a relatively uncharted territory for these attorneys to try to manage. Liability can be hard to prove, and questions of insurance coverage for injuries can be tricky to answer; health insurance will say that car insurance should cover medical expenses, and car insurance points the finger back saying it won’t cover a crash on a two-wheeled vehicle. Oddly enough, according to one personal injury attorney, it’s possible that homeowners or renters insurance could cover a rider in these situations. Another attorney says that though Bird says that riders use the scooter at their own risk and limit its own liability to $100, the company’s waiver likely will not stop claims of gross negligence.

As if the safety concerns were not enough to label these scooters an official nuisance, the legal concerns may do it. According to the Official Code of Georgia, the operation of motor scooters is only mentioned once under the definition of “motor driven cycle” which also includes motorcycles, bicycles with motors attached, and mopeds. Clearly, these newly innovated technological devices (electric scooters) have yet to be addressed by many state legal codes. Because of the lack of specificity in the Code regarding the definition of electric scooters, cities around the country are interpreting law one way, and the scooter companies are interpreting it the other way. The companies do not want riders using the scooters on sidewalks, and the Cities don’t want the riders using them on streets. Additionally, confusion over whether the scooters need license and registration has been at the center of much debate over the legality of the scooters. One of the main legal concerns and problems the cities and public are having with the electric scooters is the sidewalk litter they cause. Because a rider is able to pick up, ride, and drop off the scooter wherever he or she pleases, the “dockless” nature of these scooters is causing sidewalks to fill up with scooters  disposed of by inconsiderate riders, blocking pedestrians’ and wheelchairs’ paths. Though many of the legal concerns are up for debate right now, the issue surrounding the blocking of the sidewalk is not one to be misinterpreted; O.C.G.A. § 16-11-43 says it is illegal to recklessly obstruct any  “sidewalk, or other public passage in such a way as to render it impassable without unreasonable inconvenience or hazard” and failure to remove the obstruction — namely, the electric scooter left lying in the middle of the sidewalk — after an official request to do so is a misdemeanor offense.

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Taking a stroll down the streets of Atlanta can be a healthy pastime or a means of getting in your social interactions for the week, but the cheapest form of transportation is quickly becoming one of the more dangerous. One unfortunate story in Smyrna, GA last week tells of a pedestrian fatality at the hands of a distracted driver; the driver made a phone call, drove off of the roadway, and struck the pedestrian. Another upsetting story in the AJC last week reported of a woman killed in Atlanta as she attempted to cross I-75 and was struck by multiple cars. Recent reports suggest that she attempted to run across the highway due to a dispute over drugs that resulted in someone chasing her. Unfortunately, this story is just one of many that could be written in Georgia this year, as pedestrian fatalities are on the rise on the national level. From 2007 to 2016, the number of pedestrian fatalities increased by 27%, and whether the victim is a harmless pedestrian walking to work or drugs are at play, researchers are not quite certain what is the main cause for the increasing numbers of pedestrian fatalities in the recent years.

Reports over the last few years have found a few potential factors to the increasing fatalities. Obviously, cell phone usage is an issue. Whether a distracted driver is using a phone while operating a vehicle or a distracted pedestrian has his or her face buried in the phone while walking through a crosswalk, cell phones are making us more distracted, less aware of our surroundings, and slower to react when we encounter danger. Cell phone use increased by 236% in the years 2010 to 2016, providing greater opportunity for cell phone related pedestrian accidents.

Many studies and reports suggest the increase in cell phone usage could be a leading cause of pedestrian involved accidents, but a new study provides an interesting possible factor in the rising number of pedestrian fatalities: marijuana. The report does not intend to imply direct correlation of any sort but merely suggests that the possible impairment of judgment and reaction time — for both drivers and pedestrians — due to recreational use of marijuana could lead to higher pedestrian incidents on the roadway. The study found that in DC and the 7 states that legalized recreational use of marijuana between 2012 and 2016, there was a collective 16.4% INCREASE in pedestrian fatalities between the first 6 months of 2016 and the first 6 months of 2017. Conversely, in the remaining states, there was a collective 5.8% DECREASE in pedestrian fatalities between those two time spans.

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