Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Urban areas and rural areas alike present various dangers to those who choose to travel on foot. Pedestrians struck by vehicles may sustain severe and paralyzing injuries, potentially requiring considerable time and financial resources to treat. However, victims may have trouble accessing the care they need if they are unable to work and have no income.
A lawsuit filed against the person responsible for the pedestrian crash may enable you to receive monetary compensation for your losses. An experienced Ohio pedestrian accident lawyer could help you pursue this outcome. With payment through an accident lawsuit, you may be able to pay for your necessary medical expenses and other losses while recouping wages you could not earn because your injuries required you to miss work.
Pedestrians harmed in accidents may have the ability to file a claim and pursue financial damages in cases where specific facts are present. First, the plaintiff’s injuries must result from another person’s actions or decisions. A pedestrian who trips because of their inattentiveness is not likely eligible to file a claim for compensation. Conversely, a pedestrian hurt by a driver or other person or entity may have the ability to bring suit against that other person.
Next, the responsible party’s actions must have been negligent, leading to the crash. A person’s behavior is negligent if it differs from how an objectively-reasonable person in the same situation would have acted. The at-fault defendant’s careless actions and choices must be the primary cause of the wreck. If the plaintiff would have suffered the same injuries regardless of the defendant’s behavior, then the plaintiff may be barred from receiving damage awards.
Finally, the injured pedestrian must show that they experienced injuries that led to them incurring expenses or losses. Such losses might include:
Attorneys with experience in representing injured Ohio pedestrians may assist plaintiffs in determining whether their situation and circumstances would support a lawsuit.
Plaintiffs may sometimes have acted negligently and contributed to their injuries. Pedestrians who jaywalk, who wear dark clothing at night, or who do not obey crossing signals and traffic signs may all have committed negligent acts. Ohio’s comparative negligence laws still permit careless pedestrians to recover some compensation so long as their carelessness was not the primary cause of the injury accident. The court would reduce the amount of compensation awarded to the plaintiff in proportion to the plaintiff’s degree of fault.
You or your loved one may learn more about their ability to seek damages by speaking with an Ohio pedestrian accident lawyer. During a consultation with your legal counsel, they may consider the facts of your accident and explain what legal rights you might have. Your lawyer could also help you by preparing and filing the necessary documents to commence a lawsuit and represent your interests throughout your case. Call today to get started.
Charles E. Boyk Law Offices, LLC