Injured as a Pedestrian: What Are My Rights?

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Injured as a Pedestrian: What Are My Rights?

December 23, 2023
By Lafferty Gallagher Scott

Pedestrian safety is of utmost importance, as pedestrians often find themselves vulnerable to drivers who may not consistently exercise the required caution. Unfortunately, accidents involving pedestrians can have devastating consequences, ranging from broken bones and lacerations to concussions. These injuries not only cause physical suffering but also leave victims with emotional trauma. The aftermath of such accidents can be overwhelming, leaving victims confused about their rights and legal options as they navigate through the complex legal landscape to seek justice and compensation for their pain and suffering. At Lafferty, Gallagher & Scott, LLC, we are committed to helping injured clients seek the compensation they need. Contact us now for a consultation.

Immediate Steps After a Pedestrian Accident

If you’re involved in an accident as a pedestrian, your immediate actions can impact your potential legal claim. First and foremost, seek medical attention, even if your injuries seem minor initially. Not only is this crucial for your health, but it also establishes a medical record of your injuries, which can serve as vital evidence in your case.

Next, report the accident to law enforcement. Their official report can provide an unbiased account of the incident and help establish the driver’s negligence. If possible, collect contact information from any witnesses and take pictures of the accident scene and your injuries.

Understanding Legal Responsibilities

In Ohio, both drivers and pedestrians have legal responsibilities. Drivers must yield to pedestrians at crosswalks, even those without traffic control signals. It is also illegal for cars to pass vehicles stopped at crosswalks. However, pedestrians should not suddenly leave a curb and move into the path of a vehicle, making it impractical for the driver to yield.

Despite these laws, it’s essential to note that it’s never legally acceptable for a vehicle to hit a pedestrian. In situations where a driver could reasonably have avoided a pedestrian, the driver may bear partial or full responsibility for the accident.

Compensation for Pedestrian Accidents

Victims of pedestrian accidents may be entitled to significant compensation. This can cover medical expenses, rehabilitation costs, modifications to your home or vehicle, lost wages, and even future earning capacity. You may also be able to claim for non-economic damages such as pain and suffering, emotional trauma, diminished quality of life, and loss of consortium.

Ohio operates under a comparative negligence doctrine. Even if you were partially at fault – for instance, you were jaywalking when the accident occurred – you might still be eligible for compensation, provided your fault is less than 50 percent.

Determining Fault and Protecting Your Rights

To successfully claim damages, you need to prove that the other party was negligent. This involves demonstrating a duty of care, a breach of said duty, causation linking the breach to your injuries, and the damages incurred as a result.

Navigating these legal complexities can be challenging without help. A skilled personal injury attorney can help you understand your rights, gather necessary evidence, and build a robust case.

Seek Legal Help Today

At Lafferty, Gallagher & Scott, we understand the devastating impact of pedestrian accidents. We’re dedicated to helping victims get the compensation they deserve. If you or a loved one has been injured in a pedestrian accident, don’t delay – contact us today for a free consultation.










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