Required

Tiffin Pedestrian Accident Lawyer

Some of the most devastating accidents that commonly occur in Ohio are collisions between motorists and pedestrians. Since the pedestrian is completely exposed, the injuries suffered can be severe. Although a pedestrian has been hit by a car does not mean that the driver is at-fault in the accident.

Tiffin pedestrian accident lawyers help those who have been involved in accidents to better understand their cases and to fight for the compensation that they deserve. It may be critical to speak with a skilled personal injury attorney regarding your case.

Pedestrian Accidents in Ohio

Most collisions between pedestrians and vehicles are accidental. There may certainly be instances where a driver intentionally hits a pedestrian, but for the most part, injuries suffered by pedestrians are the result of an accident. The driver of the car will be liable for the injuries of the pedestrian if the driver is found to be negligent.

Establishing Negligence

Negligence as a legal concept is a means by which people who are injured in an accident can recover monetary damages from the at-fault party. There are five parts, or elements, that a plaintiff must be able to demonstrate in order to win a negligence case.

What is Duty?

In some situations, the law places a responsibility on people to not harm others. This is never automatic, but a person can take an action that creates this responsibility. This is known as the duty of care. All drivers of vehicles assume a duty to care for the well-being of other motorists, their passengers, and pedestrians. Therefore, in a case where a vehicle collides with a pedestrian, the driver always has a duty of care.

What Does Breach Mean?

When the person carrying the duty of care takes an action that causes the protected person to come to harm, the duty of care is said to be breached. This can be accomplished by taking an action, such as speeding, or not acting to protect a person, such as by not yielding to a pedestrian in a crosswalk. Whether the duty was breached is the most commonly disputed aspect of a pedestrian accident claim.

Potential Recovery

Cause means that the plaintiff must be able to demonstrate that the injuries were caused by the breach of the duty of care. Scope refers to the injuries suffered by the plaintiff must have been foreseeable given the circumstances of the case.

The plaintiff must suffer actual physical harm to obtain damages. Any mental anguish can certainly be an addition to the case, but is not enough to win a case on its own. All pedestrian accident cases require a physical injury.

Statute of Limitations

The statute of limitations is an important legal aspect to keep in mind. In short, this is a time limit that a plaintiff must meet in order to win their case. If this deadline is missed, the case will be dismissed and the plaintiff will have no means of recovery.

For negligence claims in Ohio, there is a statute of limitations of two years after the accident. People who have been injured as a pedestrian can be confused and disoriented. Between seeking appropriate medical attention, losing time at work, and dealing with the insurance company, the process can be overwhelming. Your focus should be on getting your life back to normal.

Tiffin pedestrian accident lawyers can help gather the evidence, speaking to witnesses, and forming detailed demand packages, we negotiate with the insurance companies on your behalf. With this method, most cases settle without needing to go to court.

Charles E. Boyk Law Offices, LLC

Charles E. Boyk Law Offices, LLC
N/a
Holland
Holland
Charles E. Boyk Law Offices, LLC
1500 Timberwolf
Holland Ohio  43528 (419) 823-9733
Toledo
Toledo
Charles E. Boyk Law Offices, LLC
405 Madison Avenue
PNC Bank Building Suite 1200

Toledo OH  43604 (419) 241-1395
Defiance
Defiance
Charles E. Boyk Law Offices, LLC
1012 Ralston Ave
Suite C1

Defiance OH  43512 (419) 963-3258
Fremont
Fremont
Charles E. Boyk Law Offices, LLC
219 S. Front St.
Suite 105

Fremont OH  43420 (419) 823-9733
Bowling Green
Bowling Green
Charles E. Boyk Law Offices, LLC
121 E. Wooster Street
Suite 255

Bowling Green OH  43402 (419) 241-1395
Swanton
Swanton
Charles E. Boyk Law Offices, LLC
10725 Airport Highway
Swanton OH  43558 (877) 230-6690
West Unity
West Unity
Charles E. Boyk Law Offices, LLC
123 E. Jackson Street
West Unity OH  43570 (877) 230-6690
Findlay
Findlay
Charles E. Boyk Law Offices, LLC
612 South Main Street
Suite 107

Findlay OH  45840 (419) 255-0573
Lima
Lima
Charles E. Boyk Law Offices, LLC
114 N West St
#203

Lima OH  45801 (877) 235-0670

Charles E. Boyk Law Offices, LLC

close