If you or your child was hit by a car while playing Pokemon Go, it's not always clear who's to blame. Was it your fault? The driver's? And what responsibility does Pokemon go have? Here, we'll cover some of the most popular spots where pedestrians get hit and your rights in each situation.
Were You Hit While Crossing a Crosswalk with a Walk/Don't Walk Signal?
If you're at a crosswalk with a "walk/don't walk" light, you must obey it. If you were playing Pokemon Go, did not see the "don't walk" signal, and were hit by a car as a result, the accident is your fault. Even though the law gives pedestrians the right of way, that doesn't mean pedestrians can neglect to follow the control signs. Any pedestrian who enters a street outside a crosswalk or during a "don't walk" time gives up the right of way to cars on the road.
But what if you were crossing a crosswalk when you had the "walk" sign? In this case, you had the right of way regardless of whether or not you were paying attention, and the driver will likely be found at-fault.
(If a driver hit you and it was their fault, their insurance company should pay for your medical bills. You can learn more about how to file a claim against a driver in Texas here).
Were You Hit While Crossing a Crosswalk Without an Automated Signal?
Not all crosswalks have walk/don't walk lights. If you are playing Pokemon Go and you cross a regular crosswalk while another car is also approaching the intersection, you have the right of way as long as:
- You are on the half of the roadway in which the vehicle is traveling.
- You are so close to the middle of the road that a vehicle in the other lane must yield to prevent injury to you.
- The vehicle has enough space and time to yield the right of way to you.
If you were hit in any of these situations, the driver of the car will be at-fault.
It's important to note that while playing Pokemon Go your attention is on your phone and you might not see a car approaching. If you step out in front of a car and that car doesn't have time to stop, the accident is your fault.
(Want to learn more about how to make a successful car accident claim in Texas? Download my free guide instantly).
Were You Hit in the Road (Not On a Crosswalk)?
If you are crossing the street at a point other than a crosswalk, you must yield right of way to vehicles in the road. If you are not crossing in a marked crosswalk, the oncoming traffic has the right of way.
How Much Money Can You Recover for Your Pokemon Go Accident?
This, as you probably expected, varies from case to case. The amount of money you can recover (and what your case is worth) is determined by a few factors:
- Who caused the wreck? Were you partially at fault? (This will lower the value of your claim).
- Can you prove who caused the wreck? Do you have strong evidence to support your story?
- What sort of personal injuries did you suffer in the accident?
- Did you miss work as a result of the wreck? (You can claim for lost wages if so).
- Has the wreck negatively affected your life in the long term? (You can also claim for pain and suffering).
To get a better idea of what your particular case is worth, you can read my article: What's My Case Worth?
Additionally, the best way to get an accurate picture of how much your case is worth is to contact a personal injury attorney.
Were You Hit While Playing Pokemon Go and Are Unsure Who's At-Fault?
It's possible that - since your attention was on your phone - you did not see the car coming, did not notice the walk/don't walk sign or otherwise can not tell who was supposed to have the right of way in your specific situation. If your injuries were severe, it's best to consult a personal injury attorney. An attorney can help determine who was at-fault by reconstructing your case, gathering evidence, talking to witnesses and more.
Can Pokemon Go Be Held Responsible for Accidents in Texas?
It's unclear what coverage Nintendo and Niantic have for Pokemon Go. However, in the past we know that Niantic has used disclaimers to protect itself (and prevent lawsuits) in the past. Similarly, Pokemon Go urges players to be aware of their surroundings on every load screen, and protects the developer from all liability for injuries or losses incurred during gameplay.
Also be sure to download my free guide: How to Make a Successful Car Accident Claim in Texas.