Regarding the Aug. 10 editorial “Death by distraction”:
Maybe if pedestrians realized that being distracted by mobile devices and headphones equates to no monetary compensation if they are hit, for medical expenses or otherwise, it would help serve as a deterrent.
Due to the archaic contributory negligence laws on the books in the District, Maryland and Virginia (and Alabama and North Carolina), if a jury or judge finds a pedestrian to have contributed even 1 percent to the negligence, he receives no damages from the driver. This also applies if a hit pedestrian began crossing at a crosswalk after the walk signal had begun flashing or had been walking on the side of a road like Bradley Boulevard in Bethesda.
Virtually every other state in the union has opted for a version of the comparative negligence rules that distributes blame for negligence more fairly by allowing an injured party to recover damages minus his degree of fault.
No, here pedestrians rarely have the right of way. So pedestrians, please pay attention as if your life depends on it. It does.
Karen Mitrano Snyder, Bethesda
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