Pedestrian Accidents
- What Duty Does the Driver of a Motor Vehicle Owe to a Pedestrian?
- What Duty Does a Pedestrian Owe?
- Who is at Fault in a Pedestrian Accident?
- What is Comparative or Contributory Negligence?
- How is Percentage of Fault Determined?
- What if I am Injured in a Pedestrian Accident?
- Should I Contact a Lawyer if a Loved One is Injured in a Car Accident?
What Duty Does the Driver of a Motor Vehicle Owe to a Pedestrian?
The primary duty owed by a motor vehicle driver to a pedestrian is to drive carefully. This involves a number of safe driving rules:
- To remain alert and vigilant while driving at all times.
- To drive at a safe speed in light of road conditions. Wet, icy or snowy roads increase the chances that a pedestrian will fall and increase the distance you need to stop. So drivers must take particular care.
- To pay close attention in the morning and evening hours, when sun glare may impede a driver's sight.
- To avoid distractions. No texting or studying maps, particularly when driving around pedestrians.
- To exercise particular care when driving on two-lane roads. There is nowhere a pedestrian can move to avoid you.
- To exercise extra caution when backing out of a parking space and when approaching intersections where pedestrians are likely to be walking.
- To be aware that not all pedestrians obey traffic rules. They often jaywalk in the middle of a block or right through traffic lights.
- To see what is in the road and avoid striking pedestrians.
What Duty Does a Pedestrian Owe?
- A pedestrian hit by a car does not have an automatic right to recover!
- The driver must be negligent or careless by violating the rules of the road-traffic laws, Ohio Revised Code or local Cleveland, Lakewood or other Municipal Ordinances
- Ohio Revised Code 4511.13 (Lakewood Ordinance 313.03) states that vehicular traffic facing a circular green signal may proceed straight through or turn right, but the vehicle turning right shall yield the right of way to pedestrians lawfully within the adjacent crosswalk.
- Ohio Revised Code 4511.14 (Lakewood Ordinance 313.05) states that pedestrian facing a walk signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the operators of all vehicles.
- Ohio Revised Code 4511.01 (UU) (Lakewood Ordinance 301.32) states that right-of-way means the right of a pedestrian to proceed uninterruptedly in a lawful manner in the direction in which the individual is moving in preference to another vehicle approaching from a different direction into the individual’s path
- The pedestrian should cross the street when the pedestrian has the right of way!
- The “right of way” means the right and ability to cross the street unimpeded by oncoming traffic.
- The pedestrian has the right of way if the pedestrian is in a marked or unmarked crosswalk and a stop sign or red light for oncoming traffic is in effect.
- Always cross the street at a crosswalk
- If the crosswalk is marked. the pedestrian only has the right of way if the pedestrian enters the crosswalk on “walk”.
- The pedestrian should press the button so the “walk” sign comes on and you have the right of way
- The pedestrian must remain in the crosswalk lines to have the right of way.
- Always remain in the crosswalk
- Always keep a vigilant eye for cars or trucks turning into the intersection that may not see you.
- Never cross the street while talking on a cell phone
- Always pay attention
Who is at Fault in a Pedestrian Accident?
Fault is probably the most important aspect of any pedestrian accident claim. Fault is determined by negligence. The person at fault is the person whose negligence is responsible for causing the accident. Usually, it is the person at fault who must pay for the damage he or she caused by acting negligently Sometimes, it is not clear whose was negligent or whose negligence caused a pedestrian accident. Sometimes, more than one person was negligent and there is shared fault. In that case, fault is apportioned between the negligent persons, depending on their contribution to the cause of the accident. Back to top.
What is Comparative or Contributory Negligence?
Basically, contributory negligence occurs when a person injured in an accident helped cause the accident, even though he or she may not have been primarily at fault. In the past, when a person was contributorily negligent, he or she may not have been entitled to any recompense for the injury he or she sustained. In 1980, Ohio adopted a comparative negligence law. Under that law, if a person's negligence was more than 50% at fault in an accident, he or she cannot recover any damages for the injuries sustained in the accident. If, however, the injured person's negligence is 50% or less the cause of the accident, he or she recovers their damages less the percentage caused by his or her own negligence.
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How is Percentage of Fault Determined?
After an accident, an insurance company claims adjuster typically will investigate the circumstances surrounding the accident and assign relative degrees of fault to the parties to that accident. This is a purely subjective determination and is usually the subject of negotiations between the injured party and the insurance company. This is where the Brown & Szaller law firm can help you. Our lawyers understand the factors that go into the insurance companies' determinations of fault and we are skilled at investigating and assessing pedestrian accidents and advocating on the injured person's behalf for the lowest percentage of fault.
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What if I am Injured in a Pedestrian Accident?
The first thing you need to do, assuming you are not rushed off to the hospital with life-threatening injuries, is to take stock of the situation. In other words, you need to gather evidence, talk to witnesses, take photographs with your cell phone camera, and write down all important information. Back to top.
Should I Contact a Lawyer if a Loved One is Injured in a Car Accident?
It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.
An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.
The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.
