Motor vehicle accidents are the leading cause of spinal cord injuries, according to the Mayo Clinic. Vehicle accidents involving pedestrians can be especially catastrophic because of the lack of protection that pedestrians have. Pedestrian accidents are common in crowded metropolitan areas, although they can occur anywhere from parking lots and private driveways to sidewalks and poorly lit streets.
Were you struck by a vehicle while walking on the road or sidewalk? Call the Fitch Law Firm, LLC, today for legal guidance regarding your case. Our team can be reached at
Ohio is an at-fault state, and pedestrian accident injuries are a form of personal injury. A Dayton pedestrian accident lawyer can help you file a compensation claim or lawsuit. You might be able to win compensation if we can prove that the driver’s error, negligence, recklessness, or incompetence caused your accident.
Pedestrian Accidents Can Have Severe Consequences
Although strict laws govern pedestrians’ rights on the road, too many pedestrians are killed every year in preventable accidents. According to the National Highway Traffic Safety Administration (NHTSA), over 6,200 pedestrians lost their lives in motor vehicle crashes in the United States in 2018.
Pedestrian accidents can lead to severe injuries, such as:
- Spinal cord damage
- Head and brain trauma
- Nerve and muscle damage
- Broken bones
- Fractures and contusions
- Cuts and lacerations
- Amputations
- Paralysis
- Death
After an accident, you might find yourself unable to work, move, or perform basic tasks without assistance. Injuries like spinal cord damage and broken bones can take months or years to recover fully. During that time, you might have to endure pain, suffering, medical treatment costs, and potentially a loss of income. Pedestrian accidents can also cause a ripple effect of social losses, which might include business productivity losses, litigation costs, insurance overheads, and legal and administrative processing costs.
Causes and Risk Factors
The Centers for Disease Control and Prevention (CDC) has found that almost 50 percent of fatal pedestrian accidents involved alcohol consumption by either the pedestrian or the driver. Other risk factors for pedestrian accidents include speeding and driving at night in urban areas.
A pedestrian accident can happen to anyone at any time, but older adults and children are at higher risk of getting into a pedestrian accident than other age groups. In 2017, adults aged 65 and older accounted for about one-fifth of all pedestrian fatalities and about 10 percent of all pedestrian injuries. Of accidents involving minors aged 15 and younger, about 20 percent of children in those accidents were pedestrians.
If you would like some legal assistance with your case, a Dayton pedestrian accident lawyer from the Fitch Law Firm, LLC, may investigate your accident. Our team can be reached at
For a free legal consultation with a pedestrian accidents lawyer serving Dayton, call 614-545-3930
Ohio Law Dictates Who Might Be Liable for Pedestrian Accidents
The law is very explicit about who has the right of way on the road. Based on the laws that apply to your accident, we can help you determine who was at fault for breaking the law and causing an accident.
Per the Ohio Revised Code (ORC) §4511.46, drivers must yield the right of way to pedestrians when the following circumstances apply:
- When there are no traffic control signals installed or traffic control signals that are installed are not working
- When another vehicle has stopped for pedestrians in a crosswalk
- When pedestrians are in or about to enter the crosswalk
Per the ORC §4511.48, pedestrians are required to yield the right of way to vehicles when:
- They wish to cross a road anywhere except at an intersection
- A pedestrian tunnel or crossing is available
Pedestrians must also yield the right of way to ambulances, police vehicles, fire trucks, and other emergency vehicles that approach them with their lights flashing and/or their sirens on.
If a driver or a pedestrian is proven guilty of breaking any of these road-sharing laws, that party may be at fault for any resultant accidents. Similarly, if a vehicle operator breaks any driving rules and strikes a pedestrian in the process, they may be held liable for the pedestrian’s damages.
Examples of how a driver may break driving rules and cause an accident include:
- Speeding
- Driving while intoxicated
- Driving while drowsy or distracted
- Driving without a license
- Driving the wrong way
- Backing up into a pedestrian
- Not checking rearview and side-view mirrors before taking a turn
- Driving recklessly or aggressively
- Not exercising care at intersections and where pedestrians are present
Dayton Pedestrian Accident Lawyer Near Me 614-545-3930
You Must Gather Evidence to Support Your Claims
To file a claim or lawsuit for damages, you need proof that the actions of a driver or another road user resulted in your accident. You may use the following to support your case:
- Police reports
- A driver’s use of electronic devices from behind the wheel
- A driver’s medical and driving records
- A vehicle’s maintenance logs
- Eyewitness testimony
- Dashcam footage, surveillance footage, or other forms of video or photo evidence
You must gather this evidence and establish a link between the actions of the at-fault driver and the accident in which you suffered damages. You must also quantify your damages. Once you have done that, you may file a claim or lawsuit for compensation with the insurer of the at-fault driver.
Based on the strength of your claim, you may be awarded or denied a settlement. If you are awarded one and accept it, your case is closed. If you are denied a settlement or awarded one but do not accept it, you can appeal your case or take it to court for a judge to decide your case.
Contact the Fitch Law Firm, LLC, Team Today About Your Pedestrian Accident
Doing the above—collecting evidence, quantifying damages, and filing a claim or lawsuit—can be difficult, especially if you are injured. Contact the Fitch Law Firm, LLC, for legal assistance with your claim. Call us at
Call or text 614-545-3930 or complete a Free Case Evaluation form
