A 78-year-old woman was struck by a car Wednesday afternoon while she was walking across Secor Road. According to Toledo police, Linda Bell, of Richmond Road, was attempting to walk across Secor Road near Markway Road at about 3:30 p.m. when she was struck by a car driven by Hersa Poplin, 50, of Barrington Drive, who was pulling out of a service road near the Westgate property. Ms. Bell was then transported to ProMedica Toledo Hospital where she remained Thursday in critical condition. Police said that Ms. Bell was crossing the street outside of the crosswalk where there were no traffic signals and Ms. Poplin did not see her in the street.
Pedestrian Accidents Are Common
According to the National Highway Traffic Safety Administration, a pedestrian is killed roughly every 88 minutes in the United States. In 2018, 6,283 pedestrians were killed in pedestrian accidents—the most deaths since 1990. In Ohio, 133 pedestrians were killed in 2018. The number of fatalities has been rising, a trend which some attribute to the increased popularity of SUVs and smartphones. The vast majority of pedestrian accidents in Ohio occurred when the pedestrian was crossing an intersection.
Ohio Laws for Pedestrians and Drivers
Right-of-way laws address when a pedestrian is required to yield the right of way to a driver and when a driver is required to yield the right of way to a pedestrian. Failure to yield the right of way often leads to accidents. When there’s an accident, the party who failed to yield the right of way is generally at fault.
Under Ohio Revised Code 4511.46, a driver must yield the right of way in the following situations:
- When traffic control signals are not in place or not in operation, the driver of a vehicle must yield the right of way to a pedestrian crossing the road within a crosswalk.
- Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the road, the driver of another vehicle approaching from the rear must not pass the stopped vehicle.
- The driver of a vehicle must yield the right of way to any pedestrian on a sidewalk.
Under Ohio Revised Code 4511.48, a pedestrian must yield the right of way in the following situations:
- Every pedestrian crossing a road at any point other than a marked crosswalk or an intersection must yield the right of way to all vehicles.
- Any pedestrian crossing a road at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided must yield the right of way to all vehicles.
- Pedestrians must yield the right of way to any vehicle that’s part of a funeral procession.
- Pedestrians must yield the right of way to emergency vehicles (ambulance, police cruisers, etc.) approaching with their lights flashing and/or siren sounding.
Drivers have a legal duty to drive with reasonable care and to obey all traffic laws. If a driver violates these duties and causes an accident, the driver can be sued for negligence. Similarly, all pedestrians have a duty to exercise reasonable care while navigating the roads and to obey all traffic laws. If a pedestrian violates these duties and causes an accident, the pedestrian can be sued for negligence.
Reach Out to Our Legal Team Today
Pedestrians hit by a person driving a car can be a terrible accident where the pedestrian can be seriously injured. Our team first and foremost has the compassion and the experience to work through these difficult cases. If you find that you have been hit and injured while walking, please call our offices so we may help you. Call Charles E. Boyk Law Offices and speak with an experienced lawyer regarding your case today.