Pokémon Go: More Proof that Phones and Driving Don’t Mix

It is common knowledge that distracted driving – especially texting and driving, plays a significant role in thousands of auto accidents every year. Now there is a new distraction on the go - Pokémon Go!

Last week, a driver admitted to being distracted by Pokémon Go when he drove off the road and crashed into a tree. He was lucky to escape with only a broken ankle and cuts on both legs. Thankfully, no one was in the passenger seat because impact of the crash nearly sent the engine into the passenger compartment.

Last Saturday, a driver under the influence of Pokémon Go collided with a parked police car. The officers had just responded to a 911 call and were standing on the sidewalk when their squad car was hit at a high rate of speed. “That’s what I get for playing this dumb a** game,” the distracted driver told the officers. Fortunately, no one was seriously injured.

Two days later, Washington State Police cited a man for causing a rear-end collision. He, too, admitted to playing Pokémon Go while driving. No injuries were reported.

Although the game disables some features over 20 miles per hour, Pokémon Go is just the latest temptation for drivers. In fact, Pokémon Go, could be a bigger distraction than texting while driving as motorists may easily become much more immersed in the game than in a text. That leads to the question - Could this create liability issues for Niantic, the game’s developer, in the event of a serious or fatal crash?

A full-screen warning is displayed during loading that warns users against distracted playing, including warnings against playing while driving. A warning also pops up every time the app is opened, telling players to aware of their surroundings. The game’s Terms of Service (TOS) include a disclaimer that says the company is not liable for any property damage, injuries or deaths that result while playing. Although app users acknowledge the liability disclaimer, it may not apply in certain situations. For example, if a player causes a car crash, the disclaimer may not extend to an injured third party.

Irrelevant of whether or not Niantic's Terms of Service insulates the company completely from liability claims, each of us must take personal responsibility for making safe and smart decisions while driving. That means putting the phone down. One quick text or glance to see the next Pokéstop could change your life forever!

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