Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Whether traversing the grocery store parking lot, jogging to the neighborhood park, or crossing the street to pick up lunch, most people spend at least some time out on their feet in public on a daily basis. For many Sandusky residents, the notion of being hit by a moving car never crosses their minds.
The statistics, however, suggest that such accidents are unfortunately not that farfetched. In 2017, nearly 6,000 pedestrians were killed in the United States, according to the National Highway Traffic Safety Administration. That statistic amounts to more than 16 pedestrian deaths per day, with pedestrian fatalities representing 16 percent of all United States motor vehicle-related deaths.
If a moving vehicle harmed you or killed a loved one, you should strongly consider contacting a skilled personal injury attorney. A skilled Sandusky pedestrian accident lawyer could help determine whether you have a case to recover monetary damages.
Pedestrian accidents can occur in numerous locations and under various circumstances. Where, when, how, and why the accident took place—and more importantly, using those factors to demonstrate legal negligence—could potentially influence a case’s outcome, as well as the amount of any damages a Sandusky pedestrian injury attorney could seek on a plaintiff’s behalf.
Although all Sandusky pedestrians possess the right of way in marked crosswalks, drivers do not always yield appropriately despite being required to do so by to Ohio Revised Code §4511.46. Oftentimes, pedestrian accidents take place because a distracted driver failed to look out for pedestrians while turning, ran a red light or stop sign, or was under the influence of alcohol or drugs.
Pedestrians exiting or returning to a parked vehicle, children retrieving a ball or frisbee, or stranded motorists checking under the hood of their car are all potential victims of pedestrian accidents. Cars, buses, and trucks could clip or, worse yet, collide with pedestrians on the side of the road and cause grave injuries.
Pedestrians should have no fear of being hit by a vehicle while walking on a sidewalk. However, drivers who lose control of their vehicles—whether due to a mechanical defect, alcohol or drug impairment, or poor weather conditions—can seriously injure pedestrians who are otherwise at a safe distance from traffic.
Sandusky drivers owe a duty of care to pedestrians and, in addition to abiding by all applicable rules and regulations, are obligated to operate their vehicles using a reasonable standard of safety. If a driver fails to do so and injures someone, the victim may be able to file a pedestrian accident lawsuit with a Sandusky lawyer’s assistance to assign liability to the driver and recover monetary damages.
Victims have two years from the date of their accident to file a lawsuit under Sandusky’s applicable statute of limitations. Potential legal theories could include negligence based on failure to exercise a reasonable standard of care, and/or negligence per se based on a violation of a traffic law.
Monetary damages may be awarded to cover economic losses such as medical bills and lost wages, as well as non-economic hardships such as pain and suffering and loss of consortium/companionship. An award of damages, however, could be reduced or barred altogether pursuant to Ohio Rev. Code §2315.33 if the accident victim was also partially at fault.
A compassionate and experienced Sandusky pedestrian accident lawyer could evaluate the facts of your case by listening to your story, reviewing police reports and insurance claims, and interviewing witnesses. Your attorney could then offer guidance and potentially chart a course of action to help you pursue compensation. Call today to learn more.
Charles E. Boyk Law Offices, LLC