Yes, a pedestrian hit by a car in Ohio can get compensation for their injuries, bills, and losses if their case is strong enough. Ohio has a fault-based car insurance system, meaning the party responsible for a traffic accident is generally liable for any accident-related expenses and other damages.
If the pedestrian can prove the motorist acted negligently and caused the accident, they can seek an insurance settlement or sue the at-fault party in civil court for compensation. If this happened to you or a loved one, our personal injury lawyer can help.
Fault and Liability in an Ohio Pedestrian Accident Claim
To recover financial compensation in your Ohio injured pedestrian accident case, you must prove the driver caused the incident and is, therefore, financially responsible under state law. Motorists are often liable for these accidents because they carry additional responsibility to protect pedestrians under traffic laws.
For example, imagine a driver making a right turn fails to see the pedestrian crossing the street. If the motorist strikes the pedestrian, the driver is likely legally liable.
The evidence used to determine what led to a crash and who is responsible includes:
- The police officer’s accident report
- Witness statements
- Video footage of the crash (if available)
- A survey of the accident scene
- Accident reconstruction
Proving Liability With Our Ohio Car Accident Lawyer’s Help
When you work with a car accident attorney from our team, they will handle all aspects of your claim. This includes gathering evidence, identifying the liable party, and putting a fair settlement range on your damages. To prove negligence, our attorney will collect evidence in your pedestrian injury case that documents the following:
- The driver had a duty of care to protect you by driving carefully and lawfully.
- They failed to uphold this responsibility.
- Their actions directly led to the collision.
- The collision caused you to suffer physical, financial, and emotional harm.
If our pedestrian accident lawyer can show negligence occurred on the driver’s behalf, they may be able to present a strong enough case to the insurer or in court to recover fair compensation for you.
Filing an Insurance Claim for Your Ohio Auto Accident Damages
Most pedestrian accident cases do not require victims to sue the at-fault driver. In general, their insurance company does not want the case to go before a judge and jury. The first step for pursuing compensation is to file an insurance claim with the at-fault driver’s insurance company. However, the insurance company likely will try to pay out as little as possible, but our attorney will fight for a settlement covering your related damages.
Occasionally, the insurer will not negotiate or may blame the accident on the pedestrian or someone else. When this occurs, suing the at-fault party may be necessary. If this happens to you, our attorney can brief you on the next steps and what you can expect. They will represent you throughout this process.
Damages You Could Recover in an Ohio Pedestrian Accident Case
An insurance claim or lawsuit allows the accident victim to pursue compensation based on their injuries, which can vary widely in type and value. However, common examples of recoverable compensatory damages include:
- Medical bills and all related expenses
- Future medical care costs
- Lost income for missed time at work
- Reduced ability to work if they’re out due to long-term injuries
- Car repairs
- Out-of-pocket expenses
- Pain and suffering damages
- Other intangible losses, such as emotional distress
Potential injuries in these cases include some that can cause devastating, catastrophic injuries and lead to long-term medical bills. For example:
- Spinal cord injuries (SCIs) and paralysis
- Loss of a limb or loss of use of a limb
- Traumatic brain injuries (TBIs)
- Internal injuries
- Scarring, disfigurement, and permanent disability
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Filing a Wrongful Death Lawsuit in Fatal Pedestrian Accident Cases
Fatal injuries are also possible in these accidents. If your family member died from injuries suffered in a pedestrian accident in Ohio, we offer our condolences for your loss. We will do everything we can to help you during this difficult time. You may be eligible to recover wrongful death damages, such as:
- Medical bills
- Funeral and burial costs
- Income losses
- Intangible losses of family members
- Mental anguish suffered by survivors
In general, Ohio law allows the family of an accident victim to pursue a wrongful death action if the victim would have a viable personal injury case based on negligence had they survived their injuries.
How Much Compensation Can You Expect?
You may wonder what an average settlement might be for cases like yours. In fact, it’s one of the most common questions attorneys get from their clients.
While it’s impossible to predict how much compensation you will receive, your attorney will ensure you receive the just settlement to which you are entitled. They will consider not only your current losses but the long-term costs of the injuries you suffered.
The cost of catastrophic injuries and those that require extensive treatments may not be something you may consider. But your attorney will take these things into consideration before accepting a settlement from the at-fault party’s insurance company. If a just settlement can’t be reached, they can file a lawsuit on your behalf.
Do Not Wait Too Long to Seek Compensation in Your Case
You should enlist the help of an attorney as soon as possible to help you seek compensation for your injuries. It takes time to build a claim, negotiate with an insurance company, and determine if a lawsuit is necessary.
Generally, you may have up to two years to file a personal injury lawsuit (Ohio Revised Code Section 2305.10) or a wrongful death case (Ohio Revised Code Section 2125.02). Under some circumstances, however, other deadlines may apply.
A personal injury lawyer will make sure you meet the deadlines so that you don’t lose your right to compensation.
Speak With the Fitch Law Firm LLC for Free During Your First Consultation
At The Fitch Law Firm LLC, our Ohio car accident lawyers help injured victims seek financial compensation based on their damages. We serve Columbus, Dayton, Springfield, and Marion, OH. You can learn more during a free review of your pedestrian accident case with our team today.
Call us to discuss your case and learn your legal options for seeking compensation.