Millions of people walk across the street every day without thinking twice, trusting that drivers and motorcyclists are watching out for them as they safely cross the street. However, one of these parties failing to pay attention at the wrong moment could result in serious and even deadly consequences.
If you were a pedestrian and were injured as a result of an accident, seeking out a qualified personal injury attorney could be helpful for your situation. Handling your case by yourself could be overwhelming, but an experienced Lima pedestrian accident lawyer may be able to help make the process less stressful and outline some of your options moving forward.
Negligence and Duty of Care in Pedestrian Accidents
Most pedestrian accidents occur when a vehicle strikes a person walking across the street. In some instances, the act of striking a pedestrian while operating a car could be intentional, in which case the defendant driver could face criminal punishment. Most of the time, though, unintentional negligence is the source of such collision.
To bring a civil action based on legal negligence, a pedestrian accident victim in Lima—or their attorney if they choose to retain one—must prove that the defendant owed them a duty of reasonable care and that duty was breached through their reckless actions. Furthermore, the hurt pedestrian must demonstrate that their injuries were a result of the defendant’s reckless behavior.
Defining Duty of Care
Both drivers and pedestrians in Lima owe one another a duty of care. Speeding, driving through a red light, and driving under the influence could all constitute examples of a driver breaching that duty of care, but Ohio Revised Code §4511.48 places additional requirements on pedestrians that include the following:
- When crossing a roadway, pedestrians must yield to all vehicles unless they are within a marked crosswalk
- When crossing a roadway within an unmarked crosswalk, pedestrians must yield to all vehicles at an intersection
- When crossing a roadway, pedestrians must yield to all vehicles where a pedestrian tunnel or overhead pedestrian crossing is available
- Pedestrians shall not cross a roadway intersection diagonally unless authorized by official traffic control devices
Compensation for Pedestrians Struck by Cars
Those injured in a pedestrian accident may pursue economic and noneconomic damages against the defendant. Property damage and lost wages are examples of possible economic damages, while noneconomic damages may include pain and suffering, emotional distress, and loss of consortium.
Pain and suffering could be particularly relevant for a pedestrian who has been struck by a vehicle because they face a higher risk of serious injury. Physical pain and suffering encompass both the discomfort the plaintiff has endured since the date of the accident as well as pain and suffering they are likely to face in the future.
Mental pain and suffering, on the other hand, covers the side effects that occur as a result of physical injuries such as emotional distress, loss of enjoyment of life, humiliation, and anxiety. An experienced pedestrian crash lawyer in Lima could help determine the types of damages that a plaintiff could pursue in their specific case.
Contact a Lima Pedestrian Accident Attorney Today
Finding yourself on the wrong end of a car accident as a pedestrian could result in life-threatening injuries. Fortunately, a knowledgeable Lima pedestrian accident lawyer could help you review your situation and seek fair compensation for your injuries and losses. Call today and start exploring your options for recovery.