You see the flashing crosswalk signal, so you start to stroll across the crosswalk. Suddenly, though, a motor vehicle moves quickly toward you. You attempt to get out of its way, but it ends up striking you, leaving you injured.
Injury-causing pedestrian crashes can easily occur in Ohio as a result of a driver’s carelessness behind the wheel. Fortunately, you have the right to seek compensation for the injuries you sustain in these types of accidents.
You may recover damages for the injuries you suffer in a pedestrian accident if you can establish that someone’s negligence behind the wheel resulted in your accident. Negligence essentially means not taking steps that other reasonable individuals would have taken in a similar situation with the goal of safeguarding other people from foreseeable risks.
To establish liability in pedestrian crashes, you must prove the following regarding the motorist who reportedly hit you:
- The motorist was obligated to exercise a reasonable degree of care.
- The motorist failed in fulfilling his or her duty of care to you through his or her action or inaction.
- The motorist caused your crash
You must also demonstrate that the motorist ended up harming you as a result of the collision.
Duty of care
When operating a motor vehicle around pedestrians, drivers have a responsibility to behave in a cautious manner. They are deemed negligent if they do any of the following and cause pedestrians to suffer injuries as a result:
- Fail to follow signs and traffic signals
- Drive while distracted
- Fail to yield to pedestrians who are using crosswalks appropriately
- Fail to signal when turning
- Drive while under the influence of drugs or alcohol
Drivers are also negligent if they fail to consider weather conditions and traffic conditions while behind the wheel.
Your rights following an injury-causing pedestrian accident
A pedestrian crash may unfortunately cause you to suffer physical harm as well as financial harm. After all, in addition to worrying about recovering from your physical injuries, you may lose wages due to being unable to return to work for a given amount of time. At the same time, you might accrue significant health care bills.
However, you may file a personal injury claim against the car driver who struck you, seeking damages. If you succeed in your claim, you might receive a monetary award that may help you with addressing your financial losses stemming from the pedestrian crash.