Who Is Liable for Pedestrian Accidents in Ohio?

Father holding hands with his kids while on pedestrian crossing

Every year in Ohio and across the country, thousands of pedestrians are injured when they are hit by a car. Because pedestrians lack the protection provided by a vehicle, injuries in a pedestrian accident are often severe and may include head trauma, Traumatic Brain Injuries (TBI), broken bones, severe bruising to the upper and lower body, and damage to the neck, back, and spine. In extreme cases, a pedestrian accident can result in the victim’s death.

If you were injured or a loved one was killed in a pedestrian accident, you may be entitled to compensation. But proving who was at fault in a pedestrian accident can be challenging. The pedestrian accident attorneys at Robenalt Law are here to help. With decades of experience and a proven record of success, we have the experience, resources, and expertise to help you recover the financial compensation you deserve.

Contact Robenalt Law today to schedule a free, confidential, no-obligation appointment to discuss your claim and how we can help. We handle personal injury claims on a contingency fee, which means you won’t pay us a fee unless we recover money for you.

Common Causes of Pedestrian Accidents

A pedestrian accident can happen anywhere, anytime. However, certain risk factors make it more likely for a pedestrian to be struck by a car.

  • Street Crossings. Pedestrians are often struck by vehicles when crossing the street, even when they are walking in the crosswalk.
  • Nighttime. Darkness and adverse weather make it difficult for a driver to see, posing additional risks for pedestrians.
  • Urban Areas. Urban areas present unique risks for pedestrians. When walking in an urban area like downtown Cleveland or Columbus, remain alert and do not assume drivers will see you or act safely.
  • Turning Vehicles. Vehicles turning left or right at an intersection may not see a pedestrian. These drivers are often more focused on other vehicles, or the pedestrian may be in the driver’s ‘blind spot.’
  • Backup Accidents. Drivers may not see pedestrians when backing up, even though many newer vehicles are equipped with backup cameras.
  • Pedestrians Injured by Buses. Pedestrians, especially children, are at increased risk of being struck by buses when they are getting on or off the bus or crossing the street to get to or from the bus. Many drivers fail to yield and do not see the pedestrian until it is too late.
  • Distracted Driving. When drivers are eating, drinking, using a cell phone, changing the radio station, using a navigation system, or tending to children or pets in the vehicle, they are not paying attention to the road. These distractions can cause accidents that can result in serious injuries.
  • Aggressive Driving. Speeding, failing to yield, not obeying stop signs or traffic lights, and other unsafe or aggressive driving can all cause an accident. When the accident involves a vehicle hitting a pedestrian, the consequences can be severe.

Proving Liability When a Pedestrian Is Hit by a Car

To hold the driver liable for the harm they caused, you must prove the driver was negligent and that negligence caused your injuries. Unfortunately, insurance companies and their lawyers may attempt to deny responsibility, claiming your injuries were caused by something other than the accident, your injuries are not as severe as you claim, or you were somehow responsible for causing your injuries.

Do not let yourself be unfairly blamed for an accident. Under Ohio’s comparative fault laws, your financial recovery can be reduced by any percentage of fault attributed to you.

The experienced pedestrian accident lawyers at Robenalt Law can carefully evaluate the circumstances of the accident, develop evidence to prove the driver was at fault, and fight for the compensation you deserve.

Comparative Fault in a Pedestrian Accident

In some situations, a pedestrian may be partially responsible for causing the accident. For example, a pedestrian could be partially responsible if they were distracted or listening to music while walking, crossing the street outside of a marked crosswalk, not walking on the sidewalk or, if no sidewalk is available, if they were walking with the flow of traffic. In some instances, insurance adjusters have even tried to blame pedestrians because they were wearing dark clothing when they were struck by a vehicle at night.

Under Ohio’s modified comparative fault law, an injured person can recover compensation for their injuries if they were less than 50% at fault. If a pedestrian is found to be less than 50% at fault, their monetary damage recovery will be reduced by the amount of fault attributed to them. If a pedestrian is found to be more than 50% at fault for causing an injury, they are barred from recovery.

Proving Damages When a Pedestrian Is Struck by a Vehicle

If you or someone you love was injured in a pedestrian accident, you may be entitled to financial compensation for:

  • Past and future medical expenses
  • Lost wages
  • Diminished earning capacity
  • Property damage
  • Pain and suffering
  • Loss of enjoyment of life

How Robenalt Law Can Help

Robenalt Law has decades of experience representing injured people in Ohio and across the country. Recognized as one of Ohio’s top personal injury law firms, we will work to identify all potentially responsible parties and hold them accountable for the harm they caused. We will carefully investigate your claim, calculate your damages, work with expert witnesses as necessary to prove your claim, and fight for the compensation you deserve.

Contact Robenalt Law Today

With offices in Cleveland and Columbus, Robenalt Law handles personal injury and wrongful death claims throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.

Categories: Pedestrian Accident