DANGER IN THE SHOPPING MALL

Going into the pandemic, some traffic specialists were optimistic that pedestrian deaths would decline. After all, millions of motorists were slashing their driving time and hewing to social distancing measures. But the opposite happened. Empty roads allowed some to drive much faster than before. Some police chiefs eased enforcement, wary of face-to-face contact. For reasons that psychologists and transit safety experts are just beginning to explain, drivers also seemed to get angrier.

Experts theorize that “social disengagement,” which deprives people of social contact, a major source of pleasure, support and comfort, may be contributing to the increased anger. Add to that an overloading of our capacity to gauge risks, and people are not paying as much attention to driving safely. As one expert noted: “[t]here’s the feeling that the rules are suspended and all bets are off.”

HOW BAD IS THE PROBLEM?

Crashes killing pedestrians climbed 46% over the last decade, compared with a 5% increase for all other crashes, according to the Governors Highway Safety Association. The pedestrian fatality rate spiked about 21 percent in 2020 as deaths climbed sharply even though people drove much less that year, the largest ever year-over-year increase. And preliminary data from 2021 indicates yet another increase in the number of pedestrian deaths.

Some of the reason for this increase in fatalities is the increase in size of motor vehicles: approximately 3 out of 4 new vehicles on the road are SUVs or 4x4 trucks. A Detroit Free Press/USA TODAY NETWORK investigation in 2018 found that the SUV revolution is a key, leading cause of escalating pedestrian deaths nationwide. When pedestrians are struck with these large motor vehicles, their injuries tend to be more severe. The Insurance Institute for Highway Safety calculated an 81% increase in single-vehicle pedestrian fatalities involving SUVs from 2009-2016.

SUV front ends are higher, so the area of impact on a pedestrian is the top of the body—where injury is more likely to cause death. Another factor in the increase is the anonymity these huge vehicles provide; much like the vitriol seen on the Internet, drivers feel freer to express their rage or act recklessly (e.g. go through yellow/red lights, speed, tailgate the car in front of them) when they are not face-to-face with a person.

Adding safety features to SUVs and trucks is not the only way to address this alarming trend (the effort has been opposed by some automakers). Cities can take steps to minimize the risk of bigger vehicles to pedestrians. The need for steps such as lower speed limits, more mid-block crosswalks, better sidewalks and pedestrian/bicycle lanes and better lighting grows in urgency as automakers move strongly toward truck and SUV production.

LIABILITY

Of course the driver of the vehicle that struck the pedestrian is potentially liable for injuries to the pedestrian. A driver can be liable for an accident with a pedestrian in a parking lot if he/she: ignores the traffic patterns in the parking lot, causing an accident to a pedestrian who struggled to predict his behavior; could not see someone behind him while backing up, resulting in an accident; grew distracted in the parking lot, including looking down at a cell phone or changing the radio or air controls while driving, and caused an accident with a pedestrian; or drove under the influence, resulting in an accident.

But what about the store(s) in the shopping mall where the accident occurred? If the pedestrian is hit while utilizing a crosswalk provided by a store, then the store could be liable if the crosswalk was negligently designed or maintained. Typically, parking lot injuries caused by dangerous conditions fall under the category of premises liability lawsuits. When a property owner fails to properly maintain the parking lot or fails to keep the lot safe, he or she may be liable for any injuries that occur due to the unsafe condition. As the Michigan Supreme Court explained in a recent case: “[T]he crosswalk created a feigned zone of safety and [the Department Store] had a duty to take extra measures to install signage or traffic signals to warn oncoming vehicles of the pedestrian crossing.” In other words, if a property owner undertakes to provide a safe area—like a crosswalk—then the property owner must be sure the design and maintenance of that area are safe. A court looking at the design and maintenance of crosswalks—and parking lots as a whole—for purposes of determining liability means that stores may not be able to avoid liability for pedestrian accidents that occur on these premises.

WHAT TO DO

If you are struck by a motor vehicle in a parking lot or crosswalk of a shopping mall, make sure to seek medical care immediately, and document the care required. As in any accident, it is a good idea to have police and EMTs respond to the scene and to obtain a copy of the police report. Take pictures of the accident area with your phone, and record the contact information for anyone who witnessed the accident. If you cannot do this due to injuries and/or trauma, ask someone to do it for you. Pictures and statements are good sources of evidence for any future claim for compensation.

As always, CONTACT YOUR PERSONAL INJURY ATTORNEY as soon as possible. Dave Thomas, at The Thomas Law Firm , is an experienced accident attorney and can provide a free legal consultation regarding your claim.