Turn on the news and you have heard about it – you might even be an avid player of it. Pokémon Go is a revolutionary smartphone app that works with the world around you. It gets people up off their couch and moving. But, it does not stop there. While the game makers intended for people to use the game while walking around their city, they never intended for it to be used while driving. Since its release, Pokémon Go has already been associated with numerous accidents, and even crimes.
Car Accidents with Pokémon Go
Pokémon Go is starting to become a popular cause of car crashes in the United States. Already, there have been incidents where drivers run into parked police cars, stop in the middle of the highway to catch a character, and rear-end other vehicles. Police in cities around the country have already issued warnings and tips for staying safe while enjoying the game, which include:
- Never using the Pokémon Go application while you are operating a motor vehicle.
- Do not use the game while riding a bike.
- Do not trespass on people’s property, even if the application tells you to go there to catch a new character.
- Be aware of your surroundings when you are walking to catch characters, and never stare down at your phone while you are walking – especially when crossing the street.
- Be aware of drop-offs and waterways.
- Travel in groups.
- Use caution when sharing your location on the application with strangers.
Is Pokémon Go Distracted Driving?
If an accident occurs while someone is using Pokémon Go, it could be considered distracted driving. You would need to prove that the defendant was playing the game at the time of the accident. This may require pulling cellphone records or accessing the Pokémon Go application data to see if he or she was playing at the time of the incident. If you can prove that he or she was, then he or she could be considered negligent and, therefore, liable for any injuries that were caused.
There are instances where pedestrians are using the game while walking; this results in a distracted pedestrian. If a pedestrian is not paying attention and causes an accident, you may wonder if you are still liable (as the driver), when the pedestrian was clearly distracted. In these cases, it would come down to the comparative negligence of the pedestrian. If the pedestrian was at-fault, and more so than the driver, then the driver may have a case against that pedestrian – even though, traditionally, pedestrians have the right of way.
Speak with an Accident Attorney
If you or a loved one has been injured because of a distracted driver, you may be entitled to compensation. Contact an accident attorney right away to explore your options. Clarke Nash is here to help accident victims – regardless of how it happened. Whether you were the car driver, passenger, or a pedestrian, let me assist you with your injury claim. Schedule a consultation today at 912-200-5292, or request your consultation online.