Pedestrian Accident Claims

How Pedestrian Accident Victims in Ohio Can Seek Compensation for Injuries

Pedestrian accidents can be physically, emotionally, and financially devastating. When you’re injured as a pedestrian in Ohio, the road to recovery isn’t just about healing; it’s also about seeking the compensation you deserve. If you’ve been searching “personal injury attorney near me” online, you’re already taking the first step in protecting your rights.

Ohio law provides a clear path for victims to pursue pedestrian accident claims, but navigating the legal system alone can be challenging. Here’s what you need to know about your rights, the legal process, and how to secure a good settlement reflecting your losses.

Common Causes of Pedestrian Accidents in Ohio

Understanding how and why pedestrian accidents occur is important for building a strong case. Some common causes include:

  • Distracted driving (texting or using a GPS while driving)
  • Failure to yield at crosswalks
  • Speeding, especially in residential or urban areas
  • Driving under the influence
  • Poor visibility or weather conditions

These incidents often involve a clear act of negligence, a critical factor when filing for a personal injury settlement in Ohio.

Your Rights Under Ohio Law as a Pedestrian

Ohio law recognizes pedestrians as vulnerable road users. That’s why the state has implemented several statutes under the Ohio Revised Code (ORC) to protect them. For example, ORC 4511.46 requires drivers to yield the right of way to pedestrians in crosswalks.

Failure to do so is a violation that can significantly impact the outcome of any legal case. However, protection under the law is not a guarantee of compensation. You must still prove the driver was at fault and that their negligence caused your injuries.

What Compensation Can You Claim?

By searching “personal injury attorney near me”, you can find an experienced lawyer to get you the compensation you rightfully deserve. You may be eligible to recover a wide range of damages, such as:

  • Medical expenses (emergency care, surgeries, rehab)
  • Lost wages and future earning capacity
  • Pain and suffering
  • Mental anguish or emotional distress
  • Disfigurement or permanent disability

If the accident was fatal, families may also pursue wrongful death claims to cover funeral costs, loss of companionship, and more.

Proving Fault in Pedestrian Accident Claims

Liability is determined by establishing negligence, a failure to exercise reasonable care. To win a pedestrian accident claim in Ohio, you typically need to show:

  1. The driver owed a duty of care.
  2. They breached that duty (e.g., ran a red light or didn’t yield).
  3. Their actions directly caused your injuries.
  4. You suffered measurable damages.

Police reports, witness statements, surveillance footage, and medical documentation can all help you in a personal injury settlement.

Role of a Personal Injury Attorney

Hiring an experienced attorney can be helpful in various ways. You can seek assistance in:

  • Investigating the accident thoroughly
  • Handling communications with insurance companies
  • Calculating full damages, including future expenses
  • Negotiating aggressively for a fair personal injury settlement
  • Representing you in court if necessary

Pedestrian accidents often involve complex legal questions, such as multiple liable parties, disputed fault, or lowball settlement offers. Legal support can make all the difference.

The Importance of Acting Quickly

Ohio has a two-year statute of limitations for filing personal injury claims. If you wait too long, you could entirely lose your right to compensation.

Additionally, acting fast helps preserve critical evidence such as camera footage and eyewitness testimony, which may be lost or forgotten over time.

How Insurance Companies Handle Pedestrian Accident Claims

Insurance adjusters may act sympathetic, but their job is to minimize payouts. Common tactics include:

  • Blaming the pedestrian for being distracted or jaywalking
  • Downplaying the severity of your injuries
  • Offering quick but inadequate settlements

A personal injury attorney can support you in claiming a pedestrian accident. Your lawyer can identify these tactics and push back with hard evidence and a legal strategy.

Ohio Law and Shared Fault in Pedestrian Accidents

Ohio follows the modified comparative negligence law. This means your compensation may be reduced if you’re found partially guilty, but only if your share of fault is less than 50%.

For instance, if you were distracted by your phone and contributed 20% to the accident, your damages would be reduced by 20%. A knowledgeable attorney ensures fault is assigned accurately and fairly.

Steps to Take After a Pedestrian Accident

  1. Get medical help immediately, even for minor injuries.
  2. Call the police and make sure to file an accident report.
  3. Document everything — take photos, gather witness names, and preserve any evidence.
  4. Avoid speaking to the at-fault party’s insurance before consulting a lawyer.
  5. Search for “personal injury attorney near me” and schedule a consultation.

What to Expect From a Personal Injury Settlement

The value of a settlement depends on the severity of your injuries, liability, and available insurance coverage. On average, pedestrian accident settlements can range from thousands to hundreds of thousands of dollars or more for catastrophic injuries.

Your attorney will evaluate economic damages (like medical bills and lost income) and non-economic damages (like pain and suffering) to arrive at a fair compensation demand.

What Makes Ohio Pedestrian Laws Unique?

Ohio’s pedestrian laws govern the right-of-way and also outline responsibilities. For example:

  • ORC 4511.48 states that pedestrians must yield to vehicles when crossing outside a marked crosswalk or unmarked intersection.
  • ORC 4511.50 makes it illegal to walk along highways where sidewalks are not provided, unless it’s unavoidable.

Understanding both driver and pedestrian responsibilities is key when building your legal case. An experienced attorney can interpret these laws in the context of your accident.

Get the Help You Deserve From HNB’s Personal Injury Attorneys

If you’ve been injured in a pedestrian accident, you don’t have to navigate the legal system alone. At Horenstein, Nicholson & Blumenthal, we’re committed to protecting the rights of accident victims across Ohio. Our attorneys understand the complexities of pedestrian accidents, including how local laws apply to your situation.

Just search “personal injury attorney near me” or contact us for a free consultation. Our team will help you secure the compensation you deserve. We’ll guide you through the process, fight for your rights, and even come to you if your injuries prevent travel. You focus on healing while we handle the rest.

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