Everyday activities like walking along a sidewalk can pose unexpected risks. Each year, accidents involving motor vehicles lead to severe injuries and fatalities for pedestrians and bicyclists across the state of Ohio. Pedestrians are particularly vulnerable when a car or truck comes in contact with them, often resulting in life-altering injuries or tragic outcomes. In such cases, having a skilled pedestrian accident attorney, like Brandon J. Broderick, Attorney at Law, is essential to safeguarding your rights and securing the compensation you need to move forward.

Your health and well-being should be the top priority after a pedestrian accident, which means seeking immediate medical attention. However, navigating the aftermath—such as estimating medical costs, lost wages, and other damages—can be challenging. That’s where Brandon J. Broderick’s Ohio attorneys come in. Our team is dedicated to guiding you through the legal process with compassion and care, allowing you to focus on recovery while we handle the complexities of your case. Our commitment is to achieve the best resolution for you and your loved ones.

At Brandon J. Broderick, Attorney at Law, we work on a contingency fee basis, meaning there are no upfront costs, and we only get paid if we win your case. Contact us today for a free legal consultation and case evaluation.

Below, we’ve compiled answers to common questions about pedestrian accidents in Ohio, along with key information on how to pursue a personal injury claim following a pedestrian accident.

Top Causes of Pedestrian Accidents in Ohio

Pedestrian accidents in Ohio are frequently caused by a combination of driver negligence and environmental factors. Understanding these causes can help reduce incidents and enhance safety across the state. Here are the most common causes based on recent Ohio-specific statistics and patterns:

Driving Under the Influence

Operating a vehicle while impaired by alcohol or drugs is a significant contributor to pedestrian accidents in Ohio. According to the Ohio Department of Public Safety (ODPS), impaired driving accounts for a considerable portion of fatal accidents in the state. Drivers under the influence often fail to notice pedestrians, leading to severe or fatal injuries.

Distracted Driving

Distracted driving is a growing concern in Ohio, as activities like texting, using GPS, or eating while driving take attention away from the road. ODPS emphasizes that distracted driving is among the leading causes of pedestrian injuries, especially in urban areas like Cleveland, Columbus, and Cincinnati.

Speeding

Speeding is a frequent factor in pedestrian accidents, as it reduces a driver's ability to react to sudden situations. The Ohio Traffic Safety Office reports that collisions involving speeding often result in more severe injuries or fatalities, particularly in pedestrian-heavy zones.

Failure to Yield at Crosswalks

Drivers who fail to yield to pedestrians at marked or unmarked crosswalks are a common cause of accidents in Ohio. Despite laws requiring vehicles to give the right-of-way to pedestrians, many drivers either ignore or are unaware of these rules, leading to dangerous situations.

Walking at Night

Ohio's darker, rural roads and inadequate lighting in some areas pose risks for pedestrians walking at night. According to the Ohio State Highway Patrol, a majority of pedestrian fatalities occur in low-visibility conditions, often compounded by pedestrians wearing dark clothing.

Turning Vehicles at Intersections

Many pedestrian accidents in Ohio occur when drivers making left or right turns fail to check for pedestrians. This is particularly common in busy intersections where drivers focus on oncoming traffic rather than looking out for people crossing the street.

Parking Lot and Reverse Accidents

Pedestrians in parking lots face risks from drivers reversing their vehicles without checking surroundings adequately. Small children are especially vulnerable in these situations, and these incidents often result in serious injuries.

Steps Toward Prevention

Ohio residents can reduce pedestrian accidents through greater awareness, adherence to traffic laws, and the implementation of infrastructure improvements, such as better street lighting and pedestrian-friendly intersections. Education campaigns targeting distracted and impaired driving also play a critical role in pedestrian safety.

For more detailed information and Ohio-specific pedestrian safety initiatives, visit ODOT’s Traffic Safety Programs.

How Liability Is Determined in Pedestrian Accident Cases

When a pedestrian is struck by a motor vehicle in Ohio, determining liability often involves examining the actions of both the driver and the pedestrian. Ohio law mandates that drivers exercise due care to avoid injuring pedestrians, but pedestrians also have a duty to follow traffic laws and behave responsibly. Understanding liability in these cases is very important for seeking compensation after an accident.

Driver Responsibility

In Ohio, drivers are required by law to yield the right-of-way to pedestrians in marked crosswalks and at unmarked crosswalks at intersections. If a pedestrian is struck while lawfully crossing the street, the driver is typically found to be at fault. Ohio Revised Code § 4511.46 states that motorists must yield to pedestrians who are within a crosswalk or who are close enough to the vehicle's path to be endangered.

Drivers are also obligated to exercise "due care" under Ohio law. This includes:

  • Yielding to pedestrians in crosswalks.
  • Watching for pedestrians at intersections and driveways.
  • Obeying speed limits and reducing speed in pedestrian-heavy areas, such as school zones or residential neighborhoods.

Failure to meet these responsibilities often results in the driver being held liable for the accident.

Pedestrian Responsibility

Pedestrians in Ohio must also follow traffic laws and exercise caution when crossing streets. They are required to:

  • Use designated crosswalks when available.
  • Obey traffic control signals and pedestrian signs.
  • Avoid suddenly entering the path of a vehicle when it is too close to stop safely.

If a pedestrian violates these laws, such as by jaywalking or crossing against a signal, they may be found partially responsible for the accident.

Shared Liability and Comparative Negligence in Ohio

Ohio follows a modified comparative negligence system for personal injury claims. This means that if a pedestrian is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if a pedestrian is 30% at fault for crossing outside of a crosswalk and the total damages amount to $100,000, they would receive $70,000. However, if a pedestrian is found to be 51% or more at fault, they are barred from recovering any compensation.

Insurance Coverage in Pedestrian Accidents

Ohio is an at-fault insurance state, meaning the driver’s insurance is typically responsible for covering damages in pedestrian accidents. The at-fault driver’s liability insurance may cover:

  • Medical expenses.
  • Lost wages.
  • Pain and suffering.

In cases where the driver’s insurance coverage is insufficient, the pedestrian may seek compensation through their own uninsured/underinsured motorist coverage, if available. However, insurance companies often dispute claims or attempt to minimize payouts, making it essential to have legal representation.

Why Legal Representation is Highly Recommended After an Accident

Pedestrian accidents often result in severe injuries, such as broken bones, traumatic brain injuries, or spinal cord damage. The financial burden of medical expenses, rehabilitation, and lost wages can be overwhelming. A skilled Ohio pedestrian accident attorney can:

  • Investigate the accident to determine fault.
  • Gather evidence, such as police reports, witness statements, and traffic camera footage.
  • Negotiate with insurance companies to secure fair compensation.
  • Represent you in court, if necessary.

The legal team at Brandon J. Broderick, Attorney at Law, is committed to ensuring that injured pedestrians in Ohio receive the full amount of compensation they deserve. Contact us today for a free consultation to discuss your case and learn about your legal options.

Determining the Worth of Your Ohio Pedestrian Accident Claim

The value of a pedestrian accident claim in Ohio depends on various factors, including the severity and long-term impact of the injuries, as well as intangible losses such as pain, suffering, and reduced quality of life. Understanding how these elements are assessed is critical for obtaining fair compensation.

Key Factors Influencing the Value of Your Case

If you were struck by a car while walking in Ohio, your first step should be to seek compensation from the at-fault driver's insurance. In some cases, hazardous road conditions or other contributing factors may allow you to pursue compensation from additional parties, such as a local municipality responsible for road maintenance or a property owner in the case of a parking lot accident.

Potential Compensation

Depending on the specifics of your case, you may be entitled to various forms of compensation, including:

  • Medical Expenses: Emergency treatment, hospital stays, surgery, and follow-up care.
  • Rehabilitation Costs: Physical therapy or other treatments required for recovery.
  • Ambulance Services: Costs incurred for transportation to the hospital.
  • Prescription Medications: Expenses for medications necessary for recovery.
  • Transportation Costs: Travel to and from medical appointments.
  • Lost Income: Compensation for wages lost during recovery.
  • Pain and Suffering: Non-economic damages for emotional and physical distress.
  • Future Damages: Compensation for long-term medical care, rehabilitation, or lost earning potential.
  • Punitive Damages: In cases involving egregious misconduct by the at-fault party.

Considering Future Damages

When valuing a claim, it’s important to account for future outcomes. For instance:

  • If your injuries require ongoing medical treatment or rehabilitation, these costs should be included.
  • Lost earning capacity should be considered if you are unable to return to your previous job or sustain your income level.

Experienced legal representation is often critical in ensuring that these factors are thoroughly evaluated and included in your claim.

Ohio’s Modified Comparative Negligence Law

Ohio follows a modified comparative negligence system, allowing accident victims to recover compensation as long as they are less than 51% at fault for the accident. However, the amount of compensation is reduced by the percentage of fault assigned to the injured party.

For example:

  • If you are found 20% responsible for a pedestrian accident and your claim is valued at $100,000, your compensation would be reduced by 20%, resulting in $80,000.
  • If you are found 51% or more at fault, you are barred from recovering any compensation under Ohio law.

Maximizing Your Compensation

To secure fair compensation, it is essential to

  • Gather strong evidence, such as police reports, witness statements, and medical documentation.
  • Work with a knowledgeable Ohio pedestrian accident attorney to navigate the legal process and negotiate with insurance companies.
  • Assess all potential sources of liability, such as municipal negligence or property owner responsibility.

Seek Professional Legal Assistance

At Brandon J. Broderick, Attorney at Law, we are committed to helping you value and secure the compensation you deserve after a pedestrian accident in Ohio. Contact us today for a free consultation to discuss your case and learn how we can support you during this challenging time.

Am I Eligible to File a Wrongful Death Claim After a Fatal Pedestrian Accident in Ohio?

Yes, you can file a wrongful death claim in Ohio following a fatal pedestrian accident if the death resulted from another party's negligent or wrongful actions.

Who Can File a Wrongful Death Claim in Ohio?

In Ohio, only the personal representative of the deceased’s estate can file a wrongful death claim. This individual is typically designated in the decedent’s will or appointed by the court.

Establishing Grounds for a Wrongful Death Claim

To succeed in a wrongful death case, you must demonstrate that the defendant’s negligence, recklessness, or intentional actions directly caused the death.

Types of Damages Recoverable

The following damages may be awarded in a wrongful death claim:

  • Medical Expenses: Costs incurred for medical treatment before the death.
  • Funeral and Burial Costs: Expenses related to final arrangements.
  • Loss of Income: Compensation for lost future earnings of the deceased.
  • Loss of Consortium: Damages for the loss of companionship, care, and emotional support.
  • Pain and Suffering: Compensation for the emotional distress endured by the deceased before death and the grief experienced by surviving family members.

Statute of Limitations

Ohio law requires wrongful death claims to be filed within two years from the date of death. Missing this deadline may forfeit your right to compensation.

Why Seek Legal Assistance?

Wrongful death claims are legally complex and emotionally challenging. Engaging an experienced attorney can help ensure your case is handled thoroughly and effectively. A skilled lawyer will collect vital evidence, navigate the legal process, and advocate for fair compensation on behalf of the deceased’s family.

Deadline for Filing a Pedestrian Accident Claim in Ohio

Strict deadlines, known as statutes of limitations, govern how long you have to file a personal injury lawsuit. These laws ensure claims are pursued in a timely manner, but failing to meet these deadlines can result in losing your right to seek compensation.

General Time Limit for Personal Injury Cases in Ohio

In most personal injury cases, including car accidents, slip-and-fall incidents, and other injuries caused by negligence, Ohio law provides a two-year statute of limitations (Ohio Rev. Code § 2305.10). This means you have two years from the date of the accident or injury to file your lawsuit in court. This time frame applies to claims for physical injuries, property damage, and related losses.

Special Timelines for Claims Involving Government Entities in Ohio

If your injury involves negligence by a government employee or agency in Ohio, specific procedures must be followed:

  • Notice of Claim: For most claims against the state or local government, you must submit a formal notice of claim to the responsible agency. The timeframe for submitting this notice varies depending on the agency and circumstances, but it is generally advisable to act promptly.
  • Lawsuit Filing Deadline: After submitting your notice, additional deadlines apply for filing a lawsuit if the claim is not resolved. Consulting an attorney familiar with Ohio’s governmental claims process is essential to navigate these requirements.

Consequences of Missing the Deadline

Failing to file your claim within the specified timeframe can have severe consequences:

  • Case Dismissal: Courts are likely to dismiss your lawsuit, regardless of the strength of your case or the severity of your injuries.
  • Lost Evidence and Witnesses: Delaying action can lead to difficulties in gathering evidence, obtaining records, and locating witnesses, which could weaken your case.

Why Acting Quickly Matters

Prompt action after an injury not only ensures compliance with legal deadlines but also strengthens your case by:

  • Preserving Evidence: Early investigation helps secure key evidence such as accident reports, surveillance footage, and physical evidence.
  • Ensuring Witness Availability: Witnesses' memories fade over time, making it harder to obtain accurate and reliable testimony.
  • Avoiding Insurance Delays: Acting quickly allows you to deal with insurance claims efficiently and address any disputes before they escalate.

If you’ve been injured due to someone else’s negligence in Ohio, understanding and adhering to the statute of limitations is critical. Consulting an experienced Ohio personal injury attorney can help you stay on track, protect your rights, and maximize your chances of obtaining the compensation you deserve. Don’t hesitate to seek legal advice to avoid missing important deadlines.

Most Common Injuries Resulting from Pedestrian Accidents

Pedestrian accidents are a significant concern in Ohio, with thousands of crashes reported each year. The statistics highlight the severity and frequency of these incidents, underscoring the need for increased awareness and safety measures for pedestrians and drivers alike.

Frequency and Locations of Pedestrian Accidents in Ohio

From 2019 to 2024, the Ohio State Highway Patrol reported 13,834 pedestrian-related traffic crashes, resulting in 857 fatal crashes and 862 pedestrian deaths. Notably, urban areas saw a higher concentration of these incidents, with 78% of fatal pedestrian crashes occurring in urban settings.

The top three counties with the highest numbers of pedestrian-related crashes were:

  • Franklin County: 2,718 crashes
  • Cuyahoga County: 2,215 crashes
  • Hamilton County: 2,092 crashes

These three counties alone accounted for 51% of all pedestrian-related crashes in the state during this period.

Fault and Impairment in Pedestrian Accidents

Determining fault in pedestrian accidents often reveals troubling patterns. Pedestrians were found to be at fault in approximately one-third of all pedestrian-related crashes. However, in fatal incidents, pedestrians were determined to be at fault in more than half (53%) of cases.

Impairment also played a significant role:

  • 44% of pedestrians killed were suspected of being impaired by alcohol or drugs.
  • Marijuana use was a factor in more than 16% of fatal pedestrian crashes.

Common Injuries in Pedestrian Accidents

The large size and weight of vehicles compared to pedestrians often lead to severe injuries or fatalities. Pedestrians are frequently struck by the bumper, hood, or windshield of a vehicle, and the resulting injuries can be catastrophic.

Here are some of the most common injuries suffered in pedestrian collisions:

1. Head Injuries

2. Spinal Injuries

  • Herniated discs
  • Spinal fractures
  • Paralysis

3. Fractures and Broken Bones

  • Leg fractures (femur, tibia, and fibula)
  • Arm fractures (humerus, radius, and ulna)
  • Pelvic fractures

4. Soft Tissue Injuries

  • Sprains and strains
  • Torn ligaments and tendons
  • Bruises and contusions

5. Internal Injuries

6. Lacerations and Abrasions

  • Deep cuts requiring stitches
  • Road rash from contact with pavement

7. Facial Injuries

  • Fractured jaw or cheekbones;
  • Dental injuries
  • Eye injuries

8. Psychological Injuries

  • Post-traumatic stress disorder (PTSD)
  • Anxiety and depression

These injuries can vary in severity and often require extensive medical treatment and rehabilitation. Certain accidents result in fatalities, necessitating the initiation of a wrongful death lawsuit.

Demographics and Risk Factors

The average age of pedestrians killed in motor vehicle crashes in Ohio was 47 years old. Males accounted for 68% of pedestrians killed in these incidents.

A Call for Awareness and Safety

The statistics emphasize the urgency of addressing pedestrian safety in Ohio. Increased awareness among drivers and pedestrians, adherence to traffic laws, and infrastructural improvements could significantly reduce the number of tragic accidents.

If you or someone you love has been injured in a pedestrian accident in Ohio, consulting an experienced personal injury attorney can help ensure you receive the compensation you deserve while focusing on recovery.

Risks and Challenges of Walking in Ohio Cities

Walking in Ohio cities presents significant risks for pedestrians due to a combination of traffic conditions, environmental factors, and driver behavior. Urban areas like Cleveland, Columbus, and Cincinnati see heavy traffic congestion, creating environments where accidents are more likely to occur. Poorly marked crosswalks, uneven sidewalks, and inadequate pedestrian signals in certain areas add to these dangers, making it challenging for pedestrians to navigate safely.

Distracted driving, including texting or using mobile devices, is a prevalent issue in Ohio and contributes to a significant number of pedestrian accidents. Aggressive driving behaviors, such as speeding, failing to yield, and running red lights, further endanger those on foot. Additionally, Ohio's variable weather, particularly during the winter months, can lead to icy sidewalks and reduced visibility, increasing the likelihood of slips, falls, and collisions.

These factors, coupled with inconsistent adherence to and enforcement of traffic laws, make walking in Ohio cities a potentially hazardous activity. Understanding these risks is essential for pedestrians to remain vigilant and take proactive measures to protect their safety.

Tips for Pedestrian Safety in Ohio

Walking is a safe and healthy form of transportation, but pedestrians in Ohio need to take precautions to minimize risks and stay secure while navigating busy streets and intersections. Here are practical tips for pedestrians to enhance their safety:

Follow the Rules of the Road

  • Obey all traffic signs, signals, and pedestrian crosswalk indicators.
  • Cross streets at designated crosswalks or intersections whenever possible.

Use Sidewalks Whenever Available

  • Always walk on sidewalks if they are provided.
  • If sidewalks are unavailable, walk facing traffic and stay as far away from the road as possible.

Stay Alert at Crosswalks

  • Look in all directions, including for turning vehicles, before crossing the street.
  • Make eye contact with drivers to ensure they see you before stepping into the roadway.

Choose Well-Lit Areas at Night

  • Cross in well-lit locations to improve visibility for yourself and drivers.
  • Wear bright or reflective clothing and carry a flashlight when walking in low-light conditions.

Stay Vigilant in Parking Lots

  • Watch for vehicles entering or exiting parking spaces.
  • Be cautious of cars reversing, as drivers may have limited visibility.

Avoid Distractions

  • Keep your focus on your surroundings and avoid using mobile devices while walking.
  • Avoid wearing headphones or anything else that limits your ability to hear approaching vehicles.

Avoid Impairment

  • Do not walk while under the influence of alcohol or drugs, as this affects your judgment and reaction time.

Plan Your Route Safely

  • Select walking routes with sidewalks, crosswalks, and pedestrian-friendly infrastructure.
  • Avoid busy roadways and intersections when safer routes are available.

Should I Hire a Lawyer for My Pedestrian Accident Case?

After a pedestrian accident in Ohio, you are not required by law to hire an attorney to handle your claim. However, having a personal injury lawyer can make a significant difference in the outcome of your case. Pedestrian accident claims often involve complex legal and insurance issues that can be difficult to navigate without professional assistance.

How an Attorney Can Help

Personal injury attorneys bring valuable expertise and resources to your case, including:

  • Evidence Collection: Lawyers are skilled at gathering and preserving evidence, such as traffic camera footage, police reports, and medical records.
  • Witness Interviews: They can locate and interview witnesses to strengthen your claim.
  • Specialist Consultations: Attorneys can work with accident reconstruction experts and medical professionals to build a compelling case.
  • Negotiations: Insurance companies often attempt to minimize payouts. An attorney can negotiate on your behalf to ensure you receive fair compensation.

How Hiring an Attorney Affects Settlement Amounts

Studies show that individuals represented by lawyers typically achieve higher settlements than those who pursue claims on their own. This is because attorneys understand how to calculate damages, including medical expenses, lost wages, pain and suffering, and long-term care needs.

When You Should Hire an Attorney

Consider hiring a lawyer if:

  • You suffered serious injuries requiring ongoing medical treatment.
  • The insurance company disputes liability or denies your claim.
  • The accident involved multiple parties or unclear fault.
  • You feel overwhelmed by the legal process and want peace of mind.

Accidents can profoundly affect your life, especially if you sustain injuries. Pedestrian collisions pose an even greater risk of severe harm, jeopardizing your physical well-being, mental health, and financial stability. These challenges can lead to heightened anxiety and uncertainty. At Brandon J. Broderick, Attorney at Law, we have decades of experience fighting to protect our clients’ legal rights, standing up to insurance companies and opposing attorneys.

Contact us for a free consultation today, and let us help you take the first step toward healing and justice.

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