Over 150 Ohioans are killed in pedestrian accidents every year. Accidents involving pedestrians and motor vehicles are particularly severe because pedestrians have virtually no protection against oncoming traffic.

Determining fault in a collision between a car and a pedestrian in Ohio can be complicated and will depend on several factors. Pedestrians who are not in a crosswalk, sometimes referred to as “jaywalkers,” are afforded less protection under the law. Nonetheless, a driver who hits a jaywalker can still be held liable.

Here, we address when pedestrians have the right of way and explain who is at fault if you hit a jaywalker.

Ohio Jaywalking Laws Explained

In Ohio, pedestrians generally have the right of way when crossing the road at a marked crosswalk or an intersection. Drivers are generally required to yield the right of way to pedestrians in these designated areas. However, when a pedestrian crosses the road outside of the designated area, known as “jaywalking,” liability may shift towards the pedestrian.

Jaywalking in Ohio is covered under R.C. §4511.48. Essentially, pedestrians must yield the right of way to motor vehicle traffic anywhere except a marked crosswalk. That does not mean drivers can ignore pedestrians who are not in crosswalks, but pedestrians who do not cross at a crosswalk have fewer legal protections. Drivers must exercise due care to avoid hitting a pedestrian, even if the pedestrian is jaywalking.

Is Jaywalking Illegal in Ohio?

Jaywalking is generally considered illegal in Ohio. Crossing the roadway outside of a crosswalk is a minor misdemeanor. Additionally, pedestrians have comparatively few legal protections if they are struck by a motor vehicle while crossing the roadway outside of a crosswalk.

Factors That Affect Driver Liability for Hitting a Pedestrian

Ohio applies a modified comparative fault standard to allocate liability in negligence claims, including those involving claims for injuries to pedestrians. An injured person can seek financial compensation from the person who caused the accident; however, the injured person’s financial recovery will be reduced by any percentage of fault attributed to them. If the injured person is found to be more than 50% at fault, they receive nothing.

If the injured person was jaywalking, the law already presumes they were not following the rules of the road. However, other factors may apply that could shift the allocation of fault to the driver. For example, courts may consider weather conditions, whether the driver was speeding or under the influence of drugs or alcohol, or if the driver was distracted by their cell phone and did not see the pedestrian.

Courts may also consider the actions of the pedestrian. For example, someone who was jaywalking at night wearing all black or who was distracted by a cell phone might be found to have contributed to the accident. In each case, the court would assess what percentage of fault belongs to the driver versus the pedestrian. If the pedestrian is determined to be more than 50% at fault, they may be barred from recovering compensation.

How an Ohio Pedestrian Accident Attorney Can Help

Even though jaywalking is against the law, a person who was injured or killed in a pedestrian accident may still be able to hold the driver responsible for the harm they caused. The personal injury attorneys at Robenalt Law analyze the circumstances of the crash, investigate the driver’s behavior to determine whether and to what extent the driver was liable, and develop a legal strategy to counter claims of contributory negligence that the driver and their insurance representative and attorneys may present.

Contact Robenalt Law Today

If you were injured or a loved one was killed in a pedestrian accident, you might be entitled to financial compensation. With offices in Cleveland and Columbus, Robenalt Law handles personal injury 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.