Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
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.
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.
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.
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.
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.
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.
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