Charles E. Boyk Law Offices, LLC
There are various kinds of Toledo pedestrian accident scenarios. Most pedestrian accidents involve vehicles and the car insurance companies will try to handle claims quickly and pay as little as possible to the injured person. This is why it is vital for someone to obtain legal counsel after an accident. A seasoned lawyer could help the plaintiff recover by seeking a fair compensation for the damages. If you have been injured in a pedestrian accident, call an attorney today.
Pedestrian accidents involving crosswalks are common in Toledo. When filing a claim, a major issue involves whether or not the pedestrian was actually in or outside the crosswalk and the driver’s responsibility to the rules of the road. The plaintiff is also going to need witnesses available to testify. If not, it is driver’s word versus the pedestrian’s word. However, there are many surveillance cameras in the neighborhoods, which could provide proof of fault.
If a Toledo pedestrian accident scenario involves cars backing up, there is a duty on the driver of the vehicle to exercise ordinary, reasonable care not to back into an individual. At the same time, once someone is backing up in a car, there is an obligation on the pedestrian not to dart out behind the vehicle. Lawyers may look to see if the driver had a backup camera and if they were using the backup camera. If somebody is backing up in a situation and they do not see the individual, there may be catastrophic injuries and death.
Pedestrian accidents due to the backing up of a car, are common in parking lots. Drivers exiting parking lots onto the streets can be prone to hit pedestrians. This is because there could be a blind spot for the car entering the roadway.
Pedestrian accidents on the streets with no sidewalks are situations where pedestrians are forced to walk on the road. A driver is going to dispute about whether the pedestrian was walking on the edge of the road in a safe manner, walking with traffic or against traffic, had visibility if it was a night, and if the pedestrian was wearing light or dark clothing.
This type of case could have include comparative negligence between the pedestrian and the driver.
Incidents involving cars turning right on red are situations where the lawyer would have to look at the specific intersection. The majority of intersections in Toledo do not allow a right turn on red, but there are some that do allow it. If it is a major intersection, there are red light cameras installed to try to catch people who are trying to potentially run lights or are speeding. A video would be helpful as evidence in this situation along with an immediate accident report, witnesses, and photos.
The fault of pedestrian accidents at stop signs depends on whether or not the individual had started crossing the road before the accident and whether or not there was a crosswalk at the stop sign. The standard of care at a stop sign is that the driver would have a duty to stop until the pedestrian safely crosses the intersection.
If the pedestrian started walking across the street before the vehicle started, the pedestrian would have the right of way. If the person was still on the sidewalk and had not indicated that they were going to cross the street, the vehicle would have the right of way.
When cars are turning left across an intersection, vehicles have a duty to yield to oncoming traffic. If the driver fails to yield to oncoming traffic and hits a pedestrian, then the driver is at fault. Lawyers will talk to witnesses, look at the police report, and get photos of the scene to try to determine the driver’s standard of care.
The standard of care is high for the vehicle in these situations because the law states someone may not make the left-hand turn unless they are safely able to do it without injuring another individual, including the pedestrian.
For more information about pedestrian accidents, contact an experienced attorney.