Pedestrian Accidents Lawyer in Mentor, OH
REPRESENTING PEDESTRIANS STRUCK BY NEGLIGENT DRIVERS
The Ohio State Highway Patrol reports that there were 173 fatal accidents involving pedestrians in 2021 – the highest number in the past five years. Pedestrian-related crashes accounted for 13% of all motor vehicle fatalities since 2017. Since then, 14,466 traffic crashes involving pedestrians have occurred on Ohio highways.
Accidents involving pedestrians and motor vehicles almost always result in serious injuries for the pedestrian. In cases where the motor vehicle driver was negligent and caused the accident, the injured pedestrian may be able to seek compensation for their damages. The pedestrian accident lawyers at the Piscitelli Law Firm explain how pedestrian accident claims work in Ohio and how a pedestrian accident attorney can help you secure compensation if you have been injured. Call the Piscitelli Law Firm to get legal representation for your case.
WHAT ARE THE PEDESTRIAN RIGHT-OF-WAY LAWS IN OHIO?
Under Ohio law, pedestrians have the right of way in marked crosswalks with or without traffic signals and on all sidewalks. Whenever a sidewalk is available, Ohio laws require pedestrians to walk on the sidewalk, or walk on the shoulder of the roadway away from traffic if a sidewalk is not available.
Any person who is visually impaired and uses a cane or a guide dog always has the right of way. Drivers are also responsible for paying attention to their surroundings and being aware of pedestrians in the vicinity. If a driver fails to yield to a pedestrian in a crosswalk or other designated area, they may be cited for a traffic violation and may be at fault for any damages sustained by the pedestrian.
Drivers have the right of way when a pedestrian is crossing outside of a marked crosswalk or when a pedestrian chooses to cross an intersection diagonally or without following traffic control devices. Emergency vehicles with flashing lights and sirens always have the right of way. In addition, Ohio law requires drivers to exercise due care to avoid colliding with a pedestrian at all times, even if the pedestrian is making an illegal crossing.
WHO IS FINANCIALLY RESPONSIBLE FOR MY INJURIES AFTER BEING HIT BY A RECKLESS DRIVER?
If you were injured in a pedestrian accident in which you were struck by a motor vehicle, it is important to determine who may be mostly at fault for your accident. For example, suppose your accident happened while you were crossing on a marked pedestrian crosswalk in which a vehicle stopped so you could cross, but another vehicle illegally passed the stopped vehicle and ended up hitting you before you could make it to the other side of the road. In this case, the driver of the vehicle who struck you would be financially responsible for your injuries, and you would likely need to file a claim with their auto insurance carrier.
While many pedestrian accident cases are typically resolved through an insurance claim, other cases may require the help of an attorney and even a courtroom trial. This is especially true when you are involved in an accident with a driver who is underinsured (has insufficient coverage for the amount of damages you are seeking) or underinsured (has no auto insurance, which is illegal in the state of Ohio).
WHAT HAPPENS IF I AM PARTIALLY AT FAULT FOR MY ACCIDENT?
In some cases, it may be determined that the pedestrian may have been partially at fault for the accident. For example, suppose you were walking on the sidewalk along a busy road, and you needed to cross to the other side of the road. It was cold and rainy, and you did not feel like walking another block to a marked crosswalk. You thought you saw an opportunity to cross the road at the intersection but ended up being struck by a vehicle that crossed a yellow light. It was later determined that the driver of that vehicle was driving distracted and speeding and thus was not able to notice that you were crossing the roadway.
In this scenario, Ohio’s modified comparative negligence laws would apply in order to determine the percentage of fault for each party and whether either one would be able to seek compensation. The modified comparative negligence rule states that you may be barred from receiving damages compensation if it is determined that you are more than 50% at fault for your accident. Any percentage below 50% would still allow you to recover compensation, but the amount you receive will likely be reduced proportionately to your percentage of liability. So, if it is determined that you were 40% at fault because you were hit while making an illegal crossing but the driver was 60% at fault because they should have been able to avoid a collision had they not been speeding or driving distracted, you may still be able to recover damages, but your final settlement amount would be reduced by 40%.
WHAT HAPPENS IF I WAS A VICTIM OF A HIT-AND-RUN ACCIDENT?
In Ohio, it is illegal for a driver to leave the scene of an accident on purpose in order to avoid being identified and held responsible for any damages. If you were a victim of a hit-and-run pedestrian accident in which the at-fault driver fled the scene, notify law enforcement and provide as much information about the vehicle as you can. You may also want to contact your own insurance company and reach out to a skilled pedestrian accident attorney as soon as possible.
The Piscitelli Law Firm stands up for your rights. If you have been injured in a pedestrian accident in the Manor, OH, area, contact the pedestrian accident attorneys at the Piscitelli Law Firm.
