Who Is Liable For A Pedestrian Accident?
Pedestrian accidents and injuries can occur almost anywhere in Columbus, from neighborhood streets and sidewalks to parking lots at retail establishments. Given that pedestrian accidents can result in debilitating injuries, it is important for the injured pedestrian to learn more about filing a claim. In order to file a claim, it will be critical for the injured pedestrian to determine who may be liable for the accident and resulting injuries. Who is liable for a pedestrian accident? The answer to that question will depend upon the specific facts of the case. Our Ohio pedestrian accident attorneys can provide you with more information.
Motorists and Liability for a Pedestrian Accident
In many pedestrian accident cases, a negligent motorist is liable for the accident and for resulting injuries to the pedestrian. According to the U.S. Centers for Disease Control and Prevention (CDC), many pedestrian accidents are caused by speeding motorists and alcohol-impaired motorists. Indeed, the CDC reports that nearly half of all pedestrian collisions with a motor vehicle involve alcohol impairment. Motorists can also be liable for pedestrian accidents that occur when the driver is distracted and does not see a pedestrian walking or crossing the street. The CDC indicates that the majority of pedestrian accident fatalities occur in urban areas and after dark when pedestrians are harder to see. Yet just because visibility may be lower after dark does change the fact that the motorist may be liable.
Pedestrian Negligence and Liability
Some pedestrian accidents in Columbus can also involve negligent pedestrians if those pedestrians are not following the duties required of pedestrians under Ohio law. For example, pedestrians are required to abide by the traffic control devices, such as crosswalk “walk” signs. Pedestrians are also required to cross the road where crosswalks are designated. Pedestrians also are required to search for and avoid oncoming traffic. Under Ohio’s comparative fault law, when a pedestrian is also at fault for a collision with a motorist, the motorist may still be liable and responsible for damages as long as the motorist was 50 percent or more at fault. To be clear, the law says that a plaintiff can still recover damages as long as “the contributory fault of the plaintiff was not greater than” the fault of the driver.
Filing a Pedestrian Accident Claim
In order to seek financial compensation for your losses in a pedestrian accident, you should speak with a Columbus pedestrian accident attorney about filing a personal injury claim. Damages in a pedestrian accident case may include both economic and noneconomic damages. Ohio law defines economic losses as almost any type of financial harm that has resulted from the pedestrian accident, including lost wages and medical bills. The law defines noneconomic losses as nonpecuniary harm that may include, for instance, pain and suffering, disfigurement, mental anguish, permanency of injury, and other examples of intangible losses.
Contact a Columbus Pedestrian Accident Attorney
If you were injured in a pedestrian accident, it is important to have a Columbus pedestrian accident lawyer evaluate your case and assist you with your claim. Contact Brian G. Miller Co., L.P.A. to learn more about the services we provide to clients in Ohio and West Virginia.
Resources:
codes.ohio.gov/ohio-revised-code/section-2315.18
cdc.gov/transportationsafety/pedestrian_safety/index.html
