FAQs About Pedestrian Accidents in Ohio
Pedestrian accidents are quite common in Ohio. According to statistics, from 2018 to August 2023, 14,119 pedestrian-related traffic accidents occurred on Ohio roadways. This number includes 851 fatal accidents that resulted in 853 pedestrian deaths. After an Ohio pedestrian accident, injured parties and affected families usually have many questions. Here are some of the most frequently asked questions (FAQs) about pedestrian accidents in Ohio.
- Who is liable for an Ohio pedestrian accident?
Liability in pedestrian accident cases varies depending on the specific circumstances. Often, the driver is at fault for the accident. In Ohio, drivers have specific legal duties to ensure the safety of pedestrians, including yielding to pedestrians at crosswalks, obeying speed limits, yielding at traffic signals and stop signs, and avoiding distracted driving. If a driver fails in their duty of care towards pedestrians, they may be considered negligent and held liable for resulting injuries and damages.
However, if a pedestrian is, for example, jaywalking or crossing outside of a crosswalk when a car hits them, they may be considered partially or fully liable for the accident. Under Ohio’s comparative fault rule, a pedestrian can still recover compensation if they are partially at fault for their accident. However, their compensation will be reduced based on their degree of fault.
- What kind of compensation is recoverable in an Ohio pedestrian accident case?
After a pedestrian accident, the injured party or the affected family may be entitled to recover economic and non-economic damages, including medical expenses, lost wages, pain and suffering, loss of consortium, and loss of enjoyment of life. In cases where the defendant’s actions were extremely negligent or intentional, such as in instances of drunk driving, Ohio law allows the court to award the plaintiff punitive damages to punish the defendant.
- How long do I have to file a pedestrian accident case in Ohio?
Generally, you have two years from the accident date to file your claim. Failure to file your claim within two years may result in you losing the right to seek compensation.
- Can a pedestrian be at fault?
Some pedestrian accident cases involve the pedestrian’s own fault. If a person fails to exercise reasonable care and protect their safety, they could be held liable for their accident. Reasons a pedestrian may be partially liable include not using a crosswalk, jaywalking and distracted walking.
- How do I prove my case?
The evidence you need to prove your case depends on the specifics of your case. However, things such as police reports, eyewitness statements, photos, surveillance footage, and expert witness testimony are often used. In a case where a pedestrian was hit by a truck, the logbook or electronic logging device may be a crucial piece of evidence.
- Do I need an attorney?
While you are legally allowed to represent yourself, it is best to hire an attorney. An attorney can help gather evidence, negotiate with insurance companies, and fight for the compensation you deserve. Pedestrian accident cases can be complex. Having an attorney can significantly affect the outcome of your case.
Contact a Columbus Pedestrian Accident Lawyer
If you have questions or need help with your case, contact our qualified Columbus pedestrian accident lawyers at the law office of Brian G. Miller CO., LLC
Source:
dam.assets.ohio.gov/image/upload/statepatrol.ohio.gov/links/Pedestrian_Bulletin_2023.pdf
