Ohio Pedestrian Accident Lawyer

Pedestrian Accident Lawyers in Dayton, Ohio

A red car with motion blur speeds through a crosswalk just in front of a pedestrian, illustrating the danger of pedestrian accidents.

Pedestrians, especially children, have little or no protection against negligent drivers. When someone on foot is hit by a car or other motor vehicle, the risk of serious injury or death is extremely high. According to Ohio traffic statistics, approximately 12% of all motor vehicle accident deaths each year involve non-motorists. Under Ohio law, pedestrians injured due to a negligent driver may be eligible to file a pedestrian accident lawsuit. You could seek compensation for:

  • Hospital and medical expenses
  • Past and future lost earnings
  • Emotional distress
  • Pain and suffering
  • Other damages

Even if the pedestrian is partially at fault, Ohio’s comparative liability law may still allow for partial recovery of damages. If you or a loved one has been injured in a pedestrian accident, contact an Ohio pedestrian accident lawyer at Attorney Michael Wright today for a FREE, no-cost, no-obligation case evaluation.

What to Do Immediately After Being Hit by a Car in Dayton

The actions you take in the moments after being hit by a car are critical for your health and your potential legal claim. If you are able, you should:

  1. Move to a Safe Location: If possible, move out of the roadway to a sidewalk or shoulder to avoid further injury.
  2. Call 911: Report the accident to the police and request an ambulance, even if your injuries seem minor. An official police report is vital evidence.
  3. Get Driver and Witness Information: Get the driver’s name, license plate number, and insurance information. Also, get the names and phone numbers of any witnesses who saw the accident.
  4. Document Everything: Use your phone to take pictures of the vehicle, the accident scene, any relevant traffic signals, and your injuries.
  5. Do Not Give a Recorded Statement: You may be contacted by the driver’s insurance company. Be polite, but decline to give a recorded statement or accept any early settlement offers until you have spoken with an experienced pedestrian accident attorney. They may use your words against you to limit or deny your claim.

Do Not Give a Recorded Statement: Politely decline to give a recorded statement to any insurance company until you have consulted with an attorney.

Why You Need an Experienced Ohio Pedestrian Accident Lawyer

Laws surrounding pedestrian accidents in Ohio can be complex. That’s why it’s important to work with a personal injury attorney who has experience litigating these specific types of cases.

At Attorney Michael Wright, we’ve earned a strong reputation across Ohio for representing injured pedestrians. Our legal team understands the physical pain and emotional stress these accidents can cause.

Ohio Pedestrian Laws and Right-of-Way

A successful claim often depends on understanding the specific laws that govern pedestrian rights and driver responsibilities in Ohio. While many assume pedestrians always have the right-of-way, the law is more detailed. Ohio law outlines these rules:

  • At Crosswalks: Drivers must yield to pedestrians in a crosswalk if there is no traffic signal.
  • Outside of Crosswalks: If a pedestrian is crossing the road outside of a marked crosswalk, they must yield the right-of-way to all vehicles.
  • Pedestrian Duties: Pedestrians cannot suddenly step off a curb into the path of a vehicle in a way that creates an immediate hazard. These laws are critical in determining fault. An insurance company may try to argue that you were not following the rules, even if their driver was clearly negligent. Our team knows how to counter these tactics.

Ohio Pedestrian Accident Lawsuits

Pedestrians are no match for cars, trucks, or buses operated by negligent drivers. As a result, victims often suffer devastating and life-altering injuries, including:

Recovery may take months or even years, and some injuries may be permanent. To protect your legal rights, consult an experienced pedestrian accident attorney as soon as possible.

Proving Driver Negligence in an Ohio Pedestrian Accident Case

To win your case, your pedestrian injury lawyer must build a compelling claim that proves the at-fault driver was legally negligent. This is not automatic; we must establish four specific elements to hold them accountable:

Duty of Care: We must first show that the driver owed you a legal duty of care. All motorists in Ohio have a duty to operate their vehicle with reasonable safety to avoid harming others, including pedestrians.

Breach of Duty: Next, we prove the driver breached this duty. This can be an action they took, such as speeding, texting while driving, or running a red light, or an inaction, like failing to yield the right-of-way at a crosswalk.

Causation: We then connect the driver’s breach directly to the accident. We must show that the collision would not have happened if not for the driver’s negligent behavior. Evidence like traffic camera footage, police reports, and witness statements are vital here.

Damages: Finally, we must demonstrate that you suffered actual harm as a result of the accident. This includes physical injuries, emotional distress, medical bills, lost income, and other losses.

What if I Was Partially at Fault? Ohio's Comparative Negligence Rule

Insurance companies often try to shift blame onto the injured pedestrian to avoid paying a claim. They may argue you were jaywalking or not paying attention. It is important to know that even if you are found to be partially at fault, you can still recover damages under Ohio’s modified comparative negligence rule. Under this rule, you can recover compensation as long as your percentage of fault is not more than 50%. Your final settlement or award will simply be reduced by your percentage of fault. For example, if you were awarded $100,000 but found to be 20% at fault for the accident, you would receive $80,000. However, if you were found to be 51% or more at fault, you would be barred from recovering any compensation at all. Our job is to minimize any fault assigned to you and maximize your recovery.

Our Experience in Pedestrian Accident Cases

At Attorney Michael Wright, our pedestrian accident lawyers have extensive experience investigating these cases. We work with top experts to build strong claims and identify all responsible parties. We also negotiate aggressively with insurance companies to protect your rights. Insurers know our reputation; we aren’t afraid to take a case to trial if needed. We have handled causes involving:

  • Failure to pay attention by the driver
  • Distracted driving
  • Failure to yield the right of way
  • Speeding or driving at unsafe speeds
  • Backing up without checking
  • Driving under the influence of drugs or alcohol
  • Ignoring traffic signals
  • Aggressive or reckless driving
  • Inexperienced drivers
  • Improper or illegal passing

Free Ohio Pedestrian Accident Case Evaluation

If you or a loved one has been injured in a pedestrian accident, and you want caring, personalized legal representation, contact Attorney Michael Wright. Ohio law sets a two-year statute of limitations for personal injury lawsuits, including those involving:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

Don’t wait. For a free, no-obligation legal consultation, fill out our online form or call us at (937) 222-7477.

Frequently Asked Questions About Pedestrian Accident Cases

There is no set time it takes to settle a pedestrian accident. It can take anywhere from weeks to years, but it typically depends on the severity of the sustained injuries and the cooperation of both parties in settlement negotiations. The more severe the injury, the longer the process will take. Also, if both parties can’t reach a settlement without having to go to court, the process will take much longer.

If you hit a pedestrian while operating a vehicle, you could be facing serious trouble. Criminal charges, civil lawsuits, and a suspended license are just some of the problems that occur. In order to minimize the damage, it is vital to consult an experienced lawyer. A lawyer can help explain your options, minimize potential risks, navigate negotiations with insurance companies, and protect your rights. Considering the risks of going to jail or paying hefty fines, a lawyer is well worth it.

The amount of compensation you can receive after a pedestrian accident can vary significantly, from a few thousand dollars to hundreds of thousands of dollars. A few factors that affect the amount of compensation include the severity of the injuries, the length of recovery, lost wages, medical expenses, and negligence of the driver. 

Not always. While Ohio law provides strong protections for pedestrians, especially in crosswalks, individuals on foot also have a duty to exercise reasonable care for their own safety. A pedestrian cannot suddenly step into the path of a vehicle that is too close to stop.

Yes, it is possible. Ohio follows a “modified comparative negligence” rule. If you are found to be partially at fault for the accident, your compensation can be reduced by your percentage of fault. However, you can still recover damages as long as you are not found to be 51% or more at fault. At Attorney Michael Wright, our personal injury attorneys will protect your rights, challenge unfair fault determinations, and earn the compensation you deserve.

You should still report the accident to the police immediately and seek medical care. Even if the at-fault driver cannot be found, you may still be able to recover compensation through your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it. You can also contact an experienced attorney in Ohio. With years of experience handling personal injury and pedestrian cases throughout Ohio, Attorney Wright knows how to collect and preserve evidence, navigate timelines and insurance complexities, and advocate the maximum compensation for you

In Ohio, the statute of limitations for most personal injury cases, including pedestrian accidents, is two years from the date the accident occurred. This means you have a strict two-year deadline to file a lawsuit. If you fail to file within this period, you will likely lose your right to seek any compensation for your injuries.

It is vital to seek a complete medical evaluation immediately after any accident. The shock and adrenaline can mask serious injuries like internal bleeding or concussions, which may not show symptoms for hours or days. Furthermore, seeking immediate medical care creates an official record that links your injuries directly to the accident, which is essential evidence for your legal claim.

No. We handle pedestrian accident cases on a contingency fee basis. This means you do not pay any attorney’s fees unless and until we win your case and recover compensation for you. Our fee is a percentage of the final settlement or award we obtain. If we do not win your case, you owe us nothing.

A strong claim is built on solid evidence. We use a variety of sources to prove the driver’s negligence and the extent of your damages. This evidence often includes the official police report, photos and videos of the accident scene and your injuries, traffic or security camera footage, eyewitness testimony, and your medical records and bills.

It is a very common tactic for at-fault drivers and their insurance companies to try to shift blame to the victim to avoid liability. Do not argue with them at the scene. Simply state the facts as you know them to the police. The determination of legal fault is complex and depends on evidence and Ohio law. Our job as your attorneys is to investigate the accident and build a case that proves the driver’s negligence and counters any attempts to unfairly blame you.

Attorney Michael Wright