Toledo Pedestrian Accident Lawyer

As a pedestrian, you can be involved in an accident involving a car, truck, bus, or motorcycle, but regardless of your specific situation, you are probably entitled to compensation if you have been hurt. While you are trying to physically recover from your injuries, let a Toledo pedestrian accident lawyer help you recover financially. Speak to a distinguished personal injury attorney as soon as possible.

What Compensation Can I Pursue for a Pedestrian Accident?

If you are injured in a pedestrian accident, you may have the right to pursue compensation through a personal injury claim. The damages available are meant to make you “whole” again by covering both your financial losses and the personal harm you have suffered.

Economic damages generally form the foundation of a pedestrian accident claim. These include reimbursement for medical expenses such as emergency treatment, hospital stays, surgeries, rehabilitation, and future medical care. Lost wages and loss of future earning capacity may also be recoverable if your injuries keep you from working or permanently affect your career. In cases involving property damage, such as a destroyed phone or bicycle, repair or replacement costs can also be claimed.

Non-economic damages account for the ways your life has been disrupted beyond the financial costs. Ohio law allows injured pedestrians to seek compensation for pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. These damages recognize the lasting impact of serious injuries, which may affect mobility, independence, and relationships.

In rare cases, punitive damages may be awarded if the driver’s conduct was especially reckless or egregious, though these are less common. Every claim is unique, and working with an experienced Toledo pedestrian accident attorney can help you identify and pursue the full range of compensation available.

Common Causes of Pedestrian Accidents

Pedestrian accidents often happen suddenly, leaving victims with severe injuries and significant losses. Understanding the most common causes of these incidents can help highlight when another party’s negligence may give rise to a personal injury claim.

One of the leading causes is driver inattention or distraction. Motorists who text, talk on the phone, adjust navigation systems, or otherwise fail to watch the road may not notice pedestrians crossing in time. Speeding is another frequent factor, as drivers who exceed posted limits have less time to react and cause more severe injuries on impact.

Failure to yield is also a common issue. Ohio law requires drivers to stop for pedestrians in crosswalks, but many collisions occur when drivers ignore right-of-way rules or roll through stop signs. Impaired driving, whether from alcohol, drugs, or even fatigue, also greatly increases the risk of hitting someone on foot. Poor visibility, such as at night or in bad weather, can also play a role, particularly when drivers fail to use headlights properly.

Pedestrians are not immune to contributing to accidents, such as crossing outside designated areas or stepping into traffic unexpectedly. However, Ohio follows a modified comparative negligence system, meaning an injured pedestrian can still recover compensation if they are less than 51% at fault. Work with a Toledo pedestrian accident attorney to help determine the cause of your accident and who to hold responsible.

Ohio Negligence Laws for Pedestrian Accidents

There is no statute that the courts will primarily refer to when looking at a pedestrian accident case. Instead, the judge will have to apply negligence laws. There are four required elements that a pedestrian accident lawyer must prove in order to show that the other side was negligent.

These elements are duty of care, breach of duty, causation (actual and proximate), and damages.

The duty of care that one person typically owes to another is the duty to act as a reasonable person would under comparable conditions. This duty is breached when a person fails to act reasonably, like when a driver decides to run through a traffic light during normal driving conditions.

Actual cause means that the injury would have never occurred except for the other person’s negligent act. Proximate cause focuses on foreseeability, or whether it was predictable that a certain act could cause injury to a certain type of person. It must be shown that there were actual damages. This can include physical injuries, emotional trauma, or property damage.

What Does it Mean to Have Comparative Negligence Laws?

When it comes to negligence, Toledo follows the comparative negligence model. If both sides were found to be partially at fault, the amount the injured party can recover is reduced by that amount. For example, if a plaintiff is awarded $50,000 and found to be 10 percent at fault, then the total amount they can recover is $40,000.

However, injured individuals should be aware that if they are found to be more at fault than the other side, then they may not recover anything. A Toledo pedestrian accident lawyer knows that if a jury found an individual to be at even 51 percent fault, they may lose the right to recover anything.

Statute of Limitations for Injuries Involving Walkers

When an accident occurs, the injured person has two years from the date of the injury to file a claim. However, a person should not wait until the very last minute to file, as it is a risky move in case any unforeseen delays arise. Cases can also become more complicated as time goes by, and injured individuals may need financial help sooner than that.

A lawyer can first help you avoid missing the statute of limitations deadline for your case. An attorney can give you options to decide how you want to proceed. In certain situations, you may want to achieve a faster resolution by directly negotiating with the other person involved, or in some cases with their insurance company, to reach a settlement.

Otherwise, you have the option of going to trial, where you can fully fight for recovery of what you have lost because of the accident. Speaking to a Toledo pedestrian accident lawyer can relieve some of your anxiety following this incident.

Fatal Pedestrian Accidents

If you lost a loved one in a pedestrian accident, you may wonder who has the legal right to pursue a wrongful death claim. In Toledo, the law identifies specific parties who can bring a lawsuit on behalf of the deceased. Generally, the surviving spouse, children, and parents are the primary individuals eligible to sue. If there is no immediate family, a personal representative of the deceased’s estate may file the claim.

As a surviving family member, you may be entitled to seek justice for your loss and hold the responsible party accountable. Filing a wrongful death lawsuit is not only about financial recovery; it is also a way to assert that the death was preventable and that the responsible parties should face legal consequences. An experienced Toledo pedestrian accident attorney can guide you through identifying eligible claimants and ensure the case is filed correctly within Ohio’s statute of limitations.

It is important to note that wrongful death claims are distinct from criminal cases. While a driver may face criminal charges for causing a pedestrian fatality, the civil claim focuses on compensating the family for their loss. You, as a plaintiff, are pursuing damages for the tangible and intangible harms caused by the death, and a skilled attorney can help articulate these losses to the court.

Call a Toledo Pedestrian Accident Attorney for Assistance

If you or a loved one were harmed in a pedestrian accident, you do not have to navigate the legal process alone. A Toledo pedestrian accident lawyer can evaluate your case, explain your legal options, and help you pursue the compensation you deserve.

From filing the complaint to negotiating settlements or taking your case to trial, a skilled attorney will advocate for you and your family at every step. Do not wait to take action, as the state’s statute of limitations requires timely filing. Contact our team today to protect your rights and begin the process of seeking justice.