Everyone knows that walking is a healthy and environmentally friendly activity. A healthy walk can turn into a nightmare when a pedestrian is hit by a vehicle or injured in a similar fashion.
As an experienced personal injury attorney knows, pedestrian accidents can cause major injuries or even death. If you experience such an incident because of someone else’s actions, a Fremont pedestrian accident lawyer could help you understand your rights and stand up for them in civil court.
Rights and Responsibilities of Fremont Pedestrians
It is generally understood that vehicles have an obligation to look out for pedestrians when driving. That does not mean, however, that pedestrians do not have a similar obligation when walking. To that end, Ohio Revised Code §4511.12 requires that pedestrians obey traffic signals and signs.
For instance, where there is no crosswalk, pedestrians are obligated to yield the right of way to vehicles under ORC §4511.48(a). However, even in such circumstances, ORC §4511.48(e) establishes that vehicle drivers still have an obligation to exercise due care to avoid hitting a pedestrian. A Fremont pedestrian injury attorney could provide further guidance on a pedestrian’s right to seek damages in the event of an accident.
How Does Comparative Negligence Impact Amount of Damages?
Ohio employs a comparative fault mechanism—enumerated by ORC §2315.
33—through which an injured party may recover damages so long as they are no more than 50 percent at fault for the accident. So, for instance, if a pedestrian suffers $750,000 in damages but is deemed 33 percent responsible for the accident, their final damage award would be limited to a maximum of $500,000.
Importantly, Ohio courts bar recovery for injured parties who are found to be over 50 percent responsible for the accident.
Given the importance and impact of Ohio’s comparative negligence law, it is often critical for plaintiffs in such cases to consult with a pedestrian accident lawyer in Fremont to better understand their rights in connection with a pedestrian accident.
Defining the Types of Recovery for Pedestrians
A person injured in a pedestrian accident may be entitled to recover damages against the offending party or parties. Those damages may include:
- A monetary award for pain and suffering associated with an accident
- Compensation for past and future medical bills connected with treatment for the accident
- Recovery of lost wages and any reduction in future earning capacity resulting from the injury
However, Ohio Revised Code §2305.10 imposes a two-year statute of limitations for most civil claims in Fremont that are based around negligence. This means that a suit filed more than two years after the accident may be time-barred. As a result, the injured plaintiff could be unable to recover any compensation whatsoever for their damages.
How a Fremont Pedestrian Accident Attorney Could Help
Injuries arising from a pedestrian accident can range from minor to catastrophic. Recovering from the physical aspects of such injuries while trying to deal with lawyers, insurance companies, and other involved parties can be daunting. A Fremont pedestrian accident lawyer may be of significant help in reducing the burden and stress of dealing with post-accident legal issues. To schedule a consultation and get started on your case, call today.