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Fight To Stop Fatal Pedestrian Accidents: Federal Government’s Action Plan Begins Immediately

Pedestrians continue to face an unacceptably high risk of death or severe injury on the roads of Indiana and Illinois today, as well as the rest of the country.  In February 2020, the Governors’ Highway Safety Association (GHSA) warned that more pedestrians would die in traffic accidents this year than in the past 30 years

From GHSA Executive Director Jonathan Adkins:

“In the past 10 years, the number of pedestrian fatalities on our nation’s roadways has increased by more than 50%.  This alarming trend signifies that we need to consider all the factors involved in this rise, identify the high-risk areas, allocate resources where they’re needed most, and continue to work with local law enforcement partners to address the chronic driver violations that contribute to pedestrian crashes.”

For more on the dangers facing those of us walking or biking alongside local roadways, read: Pedestrian Accident Deaths in Indiana and Illinois: The Rising Danger of Dying While Walking; Take a Walk in Indiana and Illinois and Risk Dying in a Pedestrian Accident; and The Primary Cause of Fatal Child Pedestrian Accidents is the Vehicle.

Department of Transportation Releases Pedestrian Safety Action Plan and Corresponding Agency Partnership

In response to this growing threat to public safety, the Department of Transportation (DOT) has just released a new report described as a coordinated and immediate federal Pedestrian Safety Action Plan.  

Entitled “USDOT Pedestrian Safety Action Plan“(“Plan”), this is a twenty-six (26) page report compiled by the DOT with contributions to be made by several different federal regulatory agencies, including the Federal Highway Administration (FHWA); the Federal Motor Carrier Safety Administration (FMCSA); the Federal Railroad Administration (FRA); the National Highway Traffic Safety Administration  (NHTSA); and the Pipeline and Hazardous Materials Safety Administration (PHMSA).

According to the authors, FHWA Administrator Nicole R. Nason and NHTSA Deputy Administrator James C. Owens, this endeavor is a coordination of various agencies within the federal government to try and protect the American public against preventable accidents involving pedestrians. 

In tandem with the release of the new Pedestrian Safety Action Plan comes the announcement of FHWA and NHTSA coordinating to develop the National Pedestrian Safety Partnership Plan (NPSPP). From the report:

The NPSPP will bring together key stakeholders and U S DOT leadership to determine the vision for the future of pedestrian safety and describe the status of pedestrian safety today and how it could be in 2035….  The safety action plan and the partnership plan put the spotlight on pedestrian safety and boost efforts to reduce pedestrian fatalities and serious injuries nationwide.

Plan, p. 2.

Defining the Greatest Dangers Facing Pedestrians in Roadway Accidents

According to statistics compiled by NHTSA, the Plan recognizes that several different situations work to increase the likelihood of a fatal pedestrian accident.  “[T]he trend cannot be attributed to a single factor….” Plan, p. 4.

The result is a focus upon several known factors involved in pedestrian fatalities.  These include:

  • reduced visibility caused by time of day;
  • reduced visibility caused by inadequate lighting;
  • excessive vehicle speed;
  • pedestrians crossing against traffic signals;
  • vehicle driver distraction;
  • pedestrian distraction;
  • vehicle type;
  • vehicle size;
  • driver impairment;
  • pedestrian impairment;
  • faulty roadway design; and
  • inadequate pedestrian facilities (e.g., lack of mid-block crossings or extended time at the crosswalk to make it easier to cross a street safely).

Plan, p. 4.

Another basis for concern is the predictability of risk for pedestrians suffering fatal injuries in certain accident locations.  These involve:

  • Urban areas (81% of all pedestrian fatalities);
  • After dark (76% of all pedestrian fatalities); and
  • Other than at an intersection (74% of all pedestrian fatalities).

Plan, p. 5.

Demand for Fast Action: December 31, 2020

Given that the danger facing pedestrians is so high, the Plan requires some significant actions to be implemented very fast (by the end of this month), as well as setting deadlines for other steps to be undertaken by the end of 2021 and later.

Thirty (30) specific tasks have been assigned to various federal safety agencies for completion before December 31, 2020.

These include the following: 

  • Within the month, FHWA has been instructed to (1) produce a final short-term U.S. DOT Action Plan on Pedestrian Safety that targets actions over the next two years and beyond; and (2) produce a lighting design guide and implementation policy to promote pedestrian safety in an urban street environment (including lighting at walkways adjoining schools) that are applicable throughout the country, among other things.
  • By December 31st, NHTSA must (1) investigate the effect of electronic device use on pedestrian safety by determining pedestrian and driver use and the magnitude of the involvement of electronic device use in pedestrian-involved motor vehicle conflicts; (2) launch a Pedestrian Safety Month with media and marketing materials promoting pedestrian safety and how State and local efforts support the effort; and (3) provide a community-based bicyclist and pedestrian behavioral safety assessment to include a tool, manual and data analyzer for communities to assess their pedestrian and bicycle safety issues and identify local recommendations; conduct the initial pilot in ten high-risk pedestrian injury communities in the NHTSA regions.

For details, see Plan, pages 15 – 17.

Pedestrian Deaths in Roadway Accidents: Injury Claims in Indiana and Illinois

Each fall (October, November, and December) more people perish in pedestrian accidents than any other time of the year.  Plan, page 6.  No one group is immune from this danger:  a child walking home from school is at risk of being killed in a pedestrian accident just as an elderly man or woman taking a walk after dinner.  Plan, page 6.   

The efforts by the federal government by instituting a coordinated plan of action to try and stem this tide of tragedy in our country are a good thing.  Government action may help to save lives in practical ways, like boosting lighting at street intersections or working with local communities on ways to address particular neighborhood challenges facing those walking on foot. 

Sadly, safety advocates and those who work to advocate for injury victims and their families understand that these strategies will not stop the reality that people will die in our part of the country in a horrific pedestrian collision and a tragic, preventable accident. 

For those who are victims of a pedestrian accident in Indiana or Illinois, as well as their loved ones, there will be claims to be made under state personal injury and wrongful death laws where those who are legally liable for the fatal collision can be held accountable for their actions.

For more, see:

If you or a loved one chooses to walk or ride a bike as a form of transportation in Indiana or Illinois, please be aware of the high risk of a serious or fatal pedestrian accident involving a motor vehicle on the roadway.  Please be careful out there!

 

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If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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