If you were struck by a vehicle while walking on the road or sidewalk, you may be able to recover compensation to help you pay your medical expenses and other damages you suffered. The team at the Fitch Law Firm LLC can offer you legal guidance about your next steps.
Ohio is an at-fault state, and pedestrian accident injuries are a form of personal injury. Our lawyers can help you file a claim or lawsuit, and you might be able to win compensation if we can prove that the driver’s error, negligence, recklessness, or incompetence caused your accident. You can learn more about your legal options during a free consultation with our legal team in our Dayton office.
Recoverable Damages and Determining the Value of Your Dayton Pedestrian Case
We can assess your monetary and non-monetary damages to determine how much your case is worth. Having this figure in mind is important for several reasons, including that it can help you avoid settlement offers that are too low and do not meet your needs. How much you can recover in your Dayton pedestrian accident will depend on various factors, including how severe your injuries are and how extensive your recovery time is.
Monetary damages (economic damages) you could recover include:
- Medical bills
- Lost wages
- Reduced earning ability
- Property damage
The value of each of these can be documented with medical records, billing statements, invoices, receipts, time cards, and other paperwork.
Non-monetary damages (non-economic damages) can include:
- Pain and suffering
- Mental anguish
- Disability and disfigurement
- Loss of life enjoyment
- Loss of companionship
These damages are often challenging to prove because they do not have a fixed dollar amount. Our Dayton pedestrian accident attorney will take care of that task for you. We can review these damages and establish a value for each to ensure you request the compensation that can help you recover from the accident.
Recovering Wrongful Death Damages in a Dayton Pedestrian Accident
State law allows certain individuals to pursue a wrongful death action if they lost a loved one to a pedestrian accident. If you are eligible, we can help you take legal action to help you recover compensation for:
- The decedent’s final medical expenses
- Funeral, burial, or cremation costs
- Mental anguish of surviving family members (e.g., spouse, dependent children, parents)
- Loss of your loved one’s protection, counsel, guidance
More information about wrongful death damages and who is eligible to file for a wrongful death action can be found in Ohio Revised Code Section 2125.02.
For a free legal consultation with a pedestrian accidents lawyer serving Dayton, call: (614) 545-3930Call Now »
You Must Prove Negligence Occurred in a Dayton Pedestrian Accident
Recovering compensation in a pedestrian accident means you’ll have to show that the driver or others at fault were negligent. In other words, you’ll need to demonstrate that the person acted irresponsibly on the road, causing the accident that injured you.
Our Dayton pedestrian accident attorney can help you meet four primary standards to prove that negligence occurred in your accident by law:
Duty of Care
The first element that must be established is that the Dayton motorist had a duty to drive safely and act reasonably to prevent accidents.
Breach of Duty
The driver or liable party failed to perform or live up to his duty to drive safely, thereby breaching it.
The failure to meet their responsibility as a safe driver led to your accident and resulted in injury, e.g., the driver hit you or caused someone else to hit you.
You suffered compensatory damages (injuries and losses) due to the accident.
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
- Evidence of 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 at-fault driver’s insurer.
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How We Can Help You Pursue Damages in Your Accident
Hiring legal representation can ensure your legal matters are being handled while you recover from your accident. We can do many things on your behalf if we manage your case, including:
- Identifying who is responsible for your injuries
- Proving the liable party’s negligence with evidence
- Filing your claim with an insurance company
- Drafting a demand letter
- Reviewing and collecting evidence to prove the liable party’s negligence
- Handling all communications concerning your case and representing you at all times
- Negotiating with the liable party’s insurer and attorney for you
- Reviewing settlement offers to ensure you get the compensation that fits your needs
We will keep you updated on any developments, explain any laws and legal terms concerning your case, and answer your questions and concerns.
Affording an Attorney
We work on contingency, which means we take no upfront payment from you to start on your case. If you win a financial award, we will receive our payment then. If you do not win your case, you will owe us nothing. We can answer any questions or concerns you have about payment arrangements. We ensure that our clients understand every payment agreement before we start on their cases.
You Have a Limited Time to Take Legal Action in Your Dayton Pedestrian Case
Many times, injury cases are settled outside the courtroom. However, if we cannot settle your case outside of court, we can represent you at trial. We will also file your injury lawsuit or wrongful death lawsuit with the court within Ohio’s statute of limitations.
If you are filing a personal injury lawsuit, you have two years under Ohio Revised Code Section 2305.10. You also have two years to file a wrongful death action, per Ohio Revised Code Section 2125.02. If you are not sure how the deadlines apply to your situation, we can help determine that during a free case review.
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Ohio Law and Liability in Pedestrian Accidents
The law is very clear 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. If more than one party is responsible, we will name them in your lawsuit.
Per Ohio Revised Code Section 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 Ohio Revised Code Section 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.
Pedestrians in Dayton Can Be Held Liable for Accidents, Too
If a driver or 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.
If you are a pedestrian who is partially at fault for your accident, you could still seek damages if you can prove the other party’s percentage of fault is greater than yours. However, per Ohio’s modified comparative negligence law, Ohio Revised Code Section 2315.33, you will receive what’s left of your award after your percentage of fault is deducted from it. If you are 51% or more at fault in your pedestrian accident, you will not be able to recover damages.
Deciding who can be sued in a pedestrian accident depends on who caused or contributed to the accident that led to your injury. The person or company that caused the accident is, by law, responsible for damages in Ohio. Liable parties in a pedestrian accident could be any of the following:
A Motor Vehicle Driver
Pedestrians are the most vulnerable to injury by a negligent driver. They lack the physical protection of a car or helmet. If you were hit by a motor vehicle, you could receive compensation from the driver. If they don’t have liability insurance, you would be able to sue them personally in court. It is also possible that a driver could have caused your accident even if he didn’t physically hit you with his car.
Riding a bike does not excuse you from your legal duty to ride safely and responsibly. Bike riders must follow the same traffic laws as drivers of motor vehicles. If they violate those laws and someone else gets hurt, they could be held liable for the pedestrian’s damages.
Construction Site Entities
Not all pedestrian accidents involve at-fault drivers. Some have nothing to do with a vehicle at all. A prime example of this is an accident that construction work causes. Ongoing construction may leave the sidewalk or street obstructed, preventing pedestrians and drivers from traveling safely. If construction equipment, debris, or other unsafe conditions caused your accident, you could file a personal injury claim against the construction site owner, management company, or construction crew company.
Dangerous or defective conditions outside a local business can leave a business owner liable for your injuries. Your case would fall under premise liability law.
Our Dayton pedestrian accident lawyer can help you determine the liable parties in your personal injury case and present to you the most viable strategy for pursuing compensation. Sometimes that means we must go after multiple parties to recover damages.
What Happens If Your Dayton Pedestrian Accident Is a Hit-and-Run?
We encourage you to still pursue financial recovery. If someone hit you in Dayton and kept going, we recommend that you file a police report, get prompt medical attention for your injuries, and then consider getting legal counsel. We may be able to help you seek compensation from your insurer if you have uninsured motorist/underinsured motorist (UM/UIM) coverage on your insurance policy.
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), more than 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
After an accident, you might be 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.
Call Our Attorneys Today About Your Dayton-Area Pedestrian Accident
Doing the above—collecting evidence, quantifying damages, and filing a claim or lawsuit—can be challenging, especially if you are trying to do them while injured. Our Dayton pedestrian accident lawyer can help you with your case.
Call the Fitch Law Firm LLC today for a free consultation. Our team will review your accident and help you build the strongest case to help you receive the financial recovery that can help you rebuild your life.
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