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 them 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 compensation in your Ohio pedestrian accident case, you will need to 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 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 responsibility 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 attorney 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.
Pursuing Compensation for Your Ohio Collision 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 in front of a judge and jury. They 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 the injuries they suffered, which can vary widely in type and value. However, common examples of recoverable 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
Potential injuries in these cases include some that can cause devastating, catastrophic harm. 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
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 are sorry 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.
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 the insurance company, and determine if a lawsuit is necessary.
Generally speaking, you may have up to two years to file a personal injury lawsuit (Ohio Revised Code § 2305.10) or a wrongful death case (Ohio Revised Code § 2125.02). Under some circumstances, however, other deadlines may apply.
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 recoveries based on their damages. We serve Columbus, Dayton, Springfield, Marion, and Cincinnati. You can learn more during a free review of your pedestrian accident case with our team today.
Call (614) 545-3930 to talk to us about your case and learn your legal options for seeking compensation.
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