Any accident can be devastating. But when you are involved in a pedestrian-related incident, the aftermath can be a physical and financial catastrophe. The incident can leave you struggling to recover from serious injuries and fighting to stay on top of your medical bills. Fortunately, there is something you can do about it.
By filing a pedestrian accident claim, you can hold the at-fault party accountable for their careless actions. You can also receive monetary compensation to help with your mental, physical, and financial recovery.
At Slater & Zurz, we have helped injured victims in Cincinnati and across Ohio get the justice they deserve for over four decades. We have what it takes to effectively protect your best interests and the dedication and perseverance to win. To learn more about how we can help you secure compensation, call us today to arrange your free case review.
Frequent Causes of Pedestrian Accidents
Our team of skilled pedestrian injury attorneys in Cincinnati has handled cases involving a wide range of circumstances. However, some of the more frequently seen causes of pedestrian accidents include:
With the increased use of cell phones and navigation systems, there has been a significant rise in the number of pedestrian accidents caused by distracted drivers. Motorists can also become distracted when eating, drinking, or tending to children or pets within the vehicle.
According to the CDC, nearly one out of every five pedestrian fatalities are caused by a motorist under the influence of drugs or alcohol. With slower reflexes and impaired perception of their surroundings, drivers are often unable to avoid striking the pedestrian.
Driving in a reckless manner leads to a high number of pedestrian accidents. Reckless driving behavior includes speeding, unsafe lane changes, failing to yield, and not obeying traffic signals.
Many pedestrian crashes are caused by hazardous conditions. Although the weather may play a part in some of these accidents, additional dangers, such as poorly lit roads, missing or confusing road signs, and inadequately maintained or badly designed roadways can also be to blame.
Securing Compensation in a Pedestrian Accident Case
If you were struck by a car, truck, motorcycle, or bicycle and sustained injuries as a result, you may be entitled to recover your losses. As a victim, you can take legal action against the at-fault party and seek rightful compensation that may include:
- Medical expenses
- Rehabilitation costs
- Home and vehicle modifications
- At-home or residential care
- Lost wage
- Diminished or lost earning capacity
- Pain and suffering
- Loss of enjoyment
- Loss of consortium
- Wrongful death damages (if you lost a loved one in a pedestrian accident)
Liability in a Cincinnati Pedestrian Accident
To prevail in a pedestrian accident case, your attorney must prove the defendant acted negligently and, therefore, is liable for damages. To prove negligence, the following four elements must be shown.
- Duty – The defendant had a legal obligation to take reasonable care to prevent harm or injury to others, known as a “legal duty of care.”
- Breach – The defendant failed to take the necessary measures by acting or failing to act in a certain way. Put simply, would a reasonable person act in the same manner given similar circumstances?
- Causation – The defendant’s actions or inaction directly caused your injury. Keep in mind that a person can act negligently. But they will not be legally liable if that negligent act or inaction did not cause injury or harm.
- Damages or Harm – You suffered legally recognized harm, usually in the form of physical injuries and associated losses.
So what happens if you played a part in the accident that caused your injuries? In pedestrian and other injury cases, there are often multiple responsible parties. Under Ohio’s comparative negligence law, if you, in some way, contributed to your pedestrian accident, you may still be able to recover your losses – as long as you are no more than 50% at fault.
For instance, if you contributed to the incident but were assigned only 25% of the blame, you can still seek damages from the other party. Your settlement or award will, however, be reduced by 25%. Therefore, if you were awarded $100,000, you would ultimately receive $75,000.
Because your percentage of fault greatly affects your final recovery, it is critical to have an attorney who can create a compelling argument supported by solid evidence, showing only your true amount of fault, if any. Keep in mind that even a relatively small reduction in your assigned blame can increase your recovery by thousands – possibly hundreds of thousands.
The Deadline for Filing a Cincinnati Pedestrian Accident Lawsuit
Each state sets a time limit for taking legal action in both criminal and civil matters. This deadline is known as a “statute of limitations.” In Ohio, a victim has two years from the date of the alleged incident to file a pedestrian accident injury lawsuit against the at-fault party.
Although two years may seem like a fair amount of time, it is important to note that, in any legal matter, it is best to take legal action right away. One reason is that it sends a message to the responsible party’s insurance company, letting them know you are serious and will not back down. Taking prompt legal action also prevents a possible reduction of evidence. Over time, evidence may be lost, and witnesses may forget the details of the accident.
To protect your rights and maximize your chances of securing fair compensation, we always recommend acting quickly and consulting with a lawyer right away.
Before your initial consultation, it is always best to provide all information pertaining to the accident and your injuries. This includes:
- The police report
- Photos and videos of the accident scene and vehicles involved
- Copies of medical records
- Medical bills
- Eyewitness information
- Evidence of lost wages
- Contact information of the at-fault party
- Insurance information of the at-fault party
Experienced Pedestrian Accident Attorneys in Cincinnati
Who you select to represent you in your pedestrian accident lawsuit can make a substantial impact on the value and overall outcome of your case. Choosing the ideal attorney is absolutely critical, and experience matters.
The Slater & Zurz legal team is widely recognized as one of Cincinnati’s leading personal injury law firms. The key to our success is our unparalleled skills and resources and the unwavering commitment we have toward our clients. We have a proven track record of securing maximum recovery in pedestrian injury cases in Cincinnati as well as across the state of Ohio.
At our firm, you are not just another file. You are family. That is why we fight so relentlessly to protect your rights and ensure justice is served. In addition, we won’t ask you to pay anything upfront. Our legal services are covered using a portion of the damages recovered on your behalf. To get started, we welcome you to contact us at (513)496-3331 to arrange your FREE consultation.