Charles E. Boyk Law Offices, LLC
There multiple ways you can be injured as a pedestrian, including accidents with a vehicle or a cyclist. Depending on the situation, your injuries can range from minor to severely debilitating.
With serious injuries, not only do you have to worry about medical care and expenses, but you may also be unable to work. If dealing with these issues, you should speak with a Perrysburg pedestrian accident lawyer. Find out what rights you have as the injured party by contacting a qualified attorney today.
After a person has suffered an injury, they should make sure that they do not miss any deadlines to file a lawsuit. In Ohio, a person has two years from the date of the injury to file a claim. If they miss this time limit, they may be unable to pursue litigation.
Even if a person is within the time limit, it is better to start a case sooner rather than later because the case can become more difficult to execute with time. Furthermore, by delaying a case, a person will also delay getting financial compensation for injuries.
There are no specific laws regarding pedestrian accidents. Instead, the court will use general negligence law. With negligence, a Perrysburg pedestrian accident lawyer must prove all four required elements of negligence. The first element is a duty of care. This looks at whether the person who caused an injury owed a person a duty of care. Typically, individuals owe people a duty to act as a rational person under the same or analogous set of circumstances.
Next, the other person must have breached or broken this duty. This happens when a person refuses to act reasonably. For example, a driver who runs a red light during normal traffic conditions without any reason. The third element is causation and has two parts to it – actual cause and proximate cause. Actual cause means that without the other person’s negligent conduct the injured individual would have never suffered an injury.
Proximate cause requires that the injury and the person that was injured were foreseeable based on the other person’s action. For example, it is foreseeable that running a red light will lead to hitting a pedestrian and causing them serious injuries. Furthermore, proximate cause requires that there was no unforeseeable intervening cause in between the negligent conduct and a person’s injuries. The fourth and final element requires that there were damages. Typically, these are physical injuries a person has suffered but can also include emotional injuries and property damage.
If you have been injured due to an accident as a pedestrian, you do have legal rights to help you recover financially. You should speak to a Perrysburg pedestrian accident lawyer as soon as possible to ensure you do not miss deadlines and can pursue the best possible outcome.
A Perrysburg pedestrian accident lawyer can also help you figure out what options you have and which one is best for your situation. You may want to go to court so that you have your chance to fully present your story and fight for the full amount you are owed. On the other hand, you may want to resolve the issue as fast as you can by negotiating with the other side (or their insurance company.) Contact a lawyer today to begin the compensation process.