Fault and Liability in an Ohio Pedestrian Accident Claim

Pedestrian crossing street in autumn, in danger of being hit by car. Visual concept for blog discussing pedestrian accident claims and how Robenalt Law, with offices in Cleveland and Columbus, can help you secure compensation for injuries or wrongful death.

When a pedestrian is hit and injured by a car, motorcycle, or truck, the pedestrian is likely to experience severe, even catastrophic injuries. Some pedestrian accidents are fatal. In many cases, a pedestrian accident victim is entitled to financial compensation. Unfortunately, insurance companies and defense lawyers may try to blame the pedestrian, claiming they were partially responsible for contributing to the accident that caused their injuries.

If you were injured or a loved one was killed in a pedestrian accident, the pedestrian accident lawyers at Robenalt Law can help. Tom Robenalt began his career working for a large insurance defense firm in Cleveland. Today, he uses that experience to represent people who were injured and the families of people who were killed because of someone else’s negligence. With decades of experience, he knows how to successfully navigate a pedestrian accident injury claim to ensure optimal results. To put his knowledge and expertise to work for you, contact Robenalt Law today to schedule a free consultation to discuss your situation and how we can help.

Common Causes of Pedestrian Accidents

Pedestrian accidents are more common in densely populated urban areas, where more people travel on foot walking to and from work or to their car. But pedestrian accidents can happen anywhere, including suburban streets or country roads.

While higher population density is one factor that can increase the likelihood of pedestrian accidents, it is far from the only factor. Driver error, distracted driving, drunk driving, aggressive driving, driver fatigue, and failure to obey traffic signals are all common causes of pedestrian accidents in Ohio.

Proving Negligence in a Pedestrian Accident

A settlement or verdict in a pedestrian accident lawsuit helps an injured pedestrian and their family by providing compensation for injuries and expenses incurred due to injuries suffered in a pedestrian accident. To obtain compensation, the injured pedestrian must prove they were hurt because of someone else’s negligent behavior. To succeed in a personal injury or wrongful death claim, the victim in a pedestrian accident must prove the four elements of a negligence claim.

  • Duty. The injured pedestrian or their family must prove the driver who caused the accident owed them a legal duty of care. In most cases, duty is clear, as drivers owe pedestrians and other people they share the road with a duty of ordinary care not to create an unreasonable risk of harm.
  • Breach. A breach occurs when the person who owes a duty acts or fails to act with the degree of care a reasonably prudent person would use in the same or similar circumstances. In pedestrian accident cases, a driver who was speeding, drunk, texting while driving, or violated a traffic safety rule breached their duty of care.
  • Causation. The injured pedestrian must prove the breach of duty caused their injuries. This means showing the harm was caused when the defendant’s vehicle struck them and not some other factor. In most personal injury cases, expert testimony from a treating physician is required to prove causation.
  • Damages. Damages represent the amount of harm the injured pedestrian suffered because of the driver’s negligence. Damages are expressed as an amount of money that will compensate the injured pedestrian for their injuries. Damages typically include the cost of medical and hospital bills, lost income, property damages, pain and suffering, decreased quality of life, and emotional pain and suffering.

Filing a Wrongful Death Lawsuit After a Fatal Pedestrian Accident

If your spouse, parent, or child was killed in a pedestrian accident, you may be able to file a wrongful death lawsuit seeking compensation for the loss of a loved one. An Ohio wrongful death lawsuit is filed in the name of the representative of the estate of the person who died for the benefit of their surviving spouse, children, and parents.

In Ohio, the estate of the deceased person can recover compensation for:

  • Medical expenses incurred prior to death
  • Funeral and burial expenses
  • Loss of support and services
  • Loss of society, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education suffered by the surviving spouse, dependent children, parents, or next of kin
  • Loss of prospective inheritance
  • The mental anguish suffered by the surviving spouse, dependent children, parents, or next of kin

How a Pedestrian Accident Lawyer Can Help

When a pedestrian accident causes serious, even fatal injuries, having quality, experienced legal representation is crucial. The pedestrian accident lawyers at Robenalt Law can analyze your case, gather evidence to prove the driver was at fault, and fight for the compensation you and your family deserve. We will help you navigate the overwhelming and confusing processes of settlement negotiation and litigation to obtain the compensation you and your family deserve.

Robenalt Law handles most pedestrian accident injury claims on a contingency fee, which means you do not pay us unless and until we recover money for you. If we don’t win, you don’t owe us a fee.

Working with a knowledgeable and experienced pedestrian accident lawyer increases the likelihood of a successful outcome and helps maximize your financial recovery. Because we work on a contingency fee, there is no risk to you.

To put our expertise to work for you, call (216) 223-7535 or contact Robenalt Law today to schedule a free and confidential appointment at either our Cleveland or our new Columbus office to discuss your pedestrian accident injury claim and how we can help.

Tom Robenalt started his career at a large insurance defense firm in Cleveland. Since 1997, he has used that experience to help victims and the families of injured people Cleveland, Columbus, Toledo and Akron metro areas, as well as throughout all of Ohio and nationwide.