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Who’s Liable in Pedestrian Accident Cases in Ohio?

pedestrian accidents

According to the Ohio State Patrol, in the last five years, there were nearly 15,000 pedestrian-related accidents on Ohio roadways. Of those, 847 pedestrians were killed as a result. Pedestrian vs. car accidents is exceptionally devastating as pedestrians are rendered virtually defenseless against large, heavy vehicles and often sustain catastrophic, even fatal, injuries.

If you were involved in an accident as a pedestrian, you might have the right to seek damages from the driver. As an injured victim, you are likely wondering whether the odds are stacked against you or if you stand a good chance of recovering financial compensation. To help answer that question, we discuss the common causes of pedestrian accidents below and detail how injured pedestrians can prove negligence in an Ohio court.

To learn more about seeking compensation after an accident, contact Ohio’s top pedestrian accident attorneys at Slater & Zurz. There are no fees unless we win, and your initial consultation is FREE. Call (888) 534-4850 to get started today.

Common Causes of Pedestrian Accidents

A pedestrian accident can occur in many different ways, but below are some of the most common causes.

Turning Vehicles

Cars and trucks making both left and right-hand turns pose a significant danger to pedestrians who are trying to cross the street. This is because drivers are often focused on watching for other vehicles rather than looking for pedestrians on the roadway or, in other cases, the pedestrian is in the driver’s blind spot.

Backup Accidents

It is sometimes complicated for motorists to see pedestrians when they are backing out of parking spots or driveways. These accidents are unfortunately still common, even with the increase of vehicles equipped with backup cameras.

Pedestrian – Bus Accidents

Pedestrians, especially children, are at high risk of being involved in an accident when they are getting on or off a bus or crossing the street after exiting the bus. Drivers commonly fail to yield to the bus and its passengers and can only see the pedestrians once it is too late.

Multiple Vehicle Accidents

Pedestrians can be at risk of injury when multiple drivers must stop to let them cross. Multiple vehicle accidents occur when one motorist stops to let a pedestrian cross the road, and a vehicle in the other lane doesn’t see the pedestrian because the stopped vehicle is obstructing their view.

Distracted Driving

Many pedestrian accidents are caused by distracted motorists. When drivers eat, drink, use their cell phones, tend to children and animals in the car, change their music, or use their navigation systems, they are not entirely focused on the road. Not paying attention to their surroundings can lead to serious pedestrian-related accidents.

Aggressive Driving

Speeding, failing to yield, running red lights and stop signs, and unsafe passing can all lead to pedestrian vs. vehicle accidents. Drivers must remember the possible presence of pedestrians and use adequate caution when driving in or around intersections.

Trapped Pedestrian Accidents

There are times when a pedestrian enters a crosswalk when the signal says “walk” but is unable to exit the crosswalk before the signal changes to “don’t walk.” If the pedestrian is still in the crosswalk when the traffic signal changes, drivers can enter the intersection and strike the pedestrian.

Who is at Fault for Pedestrian Accidents?

If you were involved in a pedestrian-vehicle accident, one of the first matters you will need to consider is liability. This is because the liable person or at fault for the accident will typically be responsible for paying damages to the other party.

In most cases, proving liability means proving negligence, which we will go over in more detail below. Sometimes it is quite easy to prove liability. For instance, if a driver runs a red light and hits a pedestrian in a crosswalk, the motorist is at fault for the accident. However, if a pedestrian is jaywalking or crossing a road without using a designated crossing point, the pedestrian would likely be liable for the accident.

Proving Negligence in an Ohio Pedestrian Accident Case

To successfully recover damages following a pedestrian accident, you and your personal injury lawyer must show the other party was negligent. In order to prove negligence, four elements will need to be shown.

Duty of Care – Your attorney must establish that the defendant owed you a duty of care. This means that the defendant was responsible for acting reasonably to avoid causing you harm.

Breach of Duty – Once a duty of care is shown, your pedestrian accident lawyer must prove the defendant breached their duty. In other words, they failed to act with the degree of care that a reasonable person in a similar situation would exercise.

Causation – You and your attorney must show that the defendant’s breach of duty directly caused your injuries. That is, if not for the defendant’s failure to act with reasonable care, your injuries would not have occurred.

Damages – Lastly, your lawyer must show that you incurred damages or losses due to your injuries.

Seeking Damages After a Pedestrian Accident

If you have sustained injuries in a pedestrian accident, you may have the right to seek compensation for your subsequent losses. Every case is different, but the types of damages you might be able to recover include:

● Medical expenses
● Costs for future care
● Rehabilitation
● Modifications to your home or vehicle
● Lost wages and future earning capacity
● Property damage
● Pain and suffering
● Emotional trauma
● Diminished quality of life
● Loss of consortium

If you lost a loved one to injuries sustained in a pedestrian accident, you might also have the right to recover wrongful death damages.

How an Ohio Pedestrian Accident Attorney Can Help

Although proving fault is pretty straightforward in some cases, there are some cases where liability is more difficult to show. To ensure you identify all at-fault parties and successfully show the role they played in your accident, we recommend working with an experienced personal injury attorney. They will thoroughly investigate your accident and compile evidence showing what took place and who or what was responsible for your accident.

Speak to a Top Pedestrian Accident Lawyer in Ohio for FREE

If a negligent driver injured you, you have the right to fight for the compensation you deserve. For over 30 years, our Ohio pedestrian accident lawyers have helped injured victims seek justice by holding negligent drivers accountable for their careless actions. Let our dedicated team of personal injury attorneys help you, too.

Call (888) 534-4850 to take the first step toward securing justice. At Slater & Zurz, your initial consultation is free, and we charge nothing unless we win your case. This means that there is absolutely no risk. We are available 24 hours a day, 7 days a week, and have offices across Ohio to serve you. So please don’t hesitate. Call now.