Pedestrian Accident Attorneys Serving Cincinnati & All of Ohio
The Cincinnati pedestrian accident lawyers at Burg Simpson Law Firm are committed to helping injury victims recover the maximum compensation they deserve. We understand the hardships faced by accident victims. After a serious injury, you may be facing disability, high medical bills, and time away from work that you and your family cannot afford. You need the guidance of counsel of experienced attorneys you can trust to help navigate the legal process and pursue the compensation you need to move forward.
For more than 45 years, Burg Simpson has been passionate about helping our clients achieve justice. As Good Lawyers. Changing Lives.®, we provide unparalleled legal counsel. We leverage the resources of a nationwide firm and the personalized care of local attorneys. If you have been wronged, we will fight tirelessly to make it right.
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If you or someone you love was injured in a pedestrian accident, call 513-852-5600 today for a FREE and confidential case evaluation. Burg Simpson handles pedestrian accident claims throughout the Cincinnati area and all of Ohio.
How Do I Prove Negligence?
Winning a pedestrian accident case typically involves proving that the other party was negligent and that their negligence directly led to the accident and your injuries. Here are some common elements that pedestrian accident lawyers must establish when pursuing compensation:
- Duty of Care: Your attorney must show that the driver owed you a duty of care. This is usually straightforward, as drivers generally have a duty to exercise reasonable care while operating a vehicle.
- Breach of Duty: Your lawyer will need to demonstrate that the driver breached their duty of care. This could involve actions like speeding, running a red light, or failing to yield to pedestrians.
- Causation: It must be established that the driver’s breach of duty was the direct cause of the accident and your injuries. In other words, the accident would not have occurred if the driver had not been negligent.
- Damages: Your attorney needs to prove that you suffered actual damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, and other related costs.
It can be difficult to satisfy each of these elements without the knowledge and guidance of an experienced attorney. The Cincinnati pedestrian accident lawyers at Burg Simpson Law Firm have the skill, resources, and local insight to prepare a compelling case on your behalf and fight for the maximum compensation you deserve.
What Is the Contributory Fault Law in Ohio?
The contributory fault law in Ohio (Ohio Revised Code § 2315.33) establishes the legal framework for addressing situations where a plaintiff shares some degree of responsibility for an incident leading to injury. Unlike a traditional contributory negligence system, Ohio employs a comparative negligence approach.
Under this law, a plaintiff’s contributory fault does not automatically bar them from seeking recovery. However, there is a limitation—recovery is only permissible if the plaintiff’s fault does not exceed 50% of the total responsibility for the incident.
In practical terms, this means that an injured party can pursue damages as long as their share of responsibility is 50% or less. Any damages awarded to the plaintiff will be reduced proportionately based on their own degree of fault.
For example, if a pedestrian is awarded $100,000 in damages and is found to be 20% at fault while the driver is 80% at fault, the pedestrian would be eligible to recover $80,000 (80% of the total damages), assuming responsibility for the remaining 20%.
It is important to note that in cases involving multiple parties at fault, the analysis can become more complex, although, the overarching principle remains consistent: a plaintiff cannot recover damages if their allocated share of responsibility exceeds 50% of the total fault.
What Causes Most Pedestrian Accidents in Ohio?
Pedestrian accidents are caused by a variety of factors, from negligent drivers to faulty signage and more. Since 2018, there have been 768 pedestrian fatalities in Ohio. Some common factors that contribute to Ohio pedestrian accidents include:
Driving or Walking While Impaired by Alcohol
Drunk driving is an incredibly dangerous and reckless activity that claims the lives of thousands of people every year; however, sobriety is important for pedestrians, too. In Ohio, forty-four percent of pedestrians killed in automobile wrecks were suspected of being impaired by alcohol and/or drugs.
Speeding
Excessive speed diminishes a driver’s reaction time and intensifies the impact’s severity. In Ohio, an average of seven people die or are seriously injured each day in speed-related crashes.
Distracted Driving
The rise of smartphones has contributed to distracted driving becoming a leading cause of auto accidents. In Ohio, 10,266 crashes were the result of distracted driving in 2022. Of those accidents, seven crashes were fatal and 45 caused serious injury.
Reckless or Aggressive Driving
Aggressive maneuvers, such as improper lane changes and disregarding traffic signs, pose significant hazards. The American Automobile Association (AAA) states that aggressive driving contributes to over half of all fatal crashes.
Lack of Infrastructure
Many areas in Ohio lack proper lighting, sidewalks, crosswalks, and other traffic regulating measures. Pedestrians are often forced to navigate these spaces at their own risk, leading to an increase in accidents and injuries.
Failure to Slow or Yield
Drivers who fail to yield when turning or ignore crosswalks put pedestrians in jeopardy. The Federal Highway Administration (FHWA) emphasizes the necessity of driver vigilance to prevent such accidents.
Failure to Follow Traffic Laws
Violating traffic laws, such as making an illegal U-turn or running a red light is a common contributing factor to pedestrian accidents. Enforcing these laws is crucial for pedestrian safety.
Common Pedestrian Injuries in Cincinnati Traffic Accidents
Being struck by a vehicle–even at slow speeds–can cause catastrophic injuries with devastating, long-term consequences for pedestrians. Some of the most common pedestrian accident injuries are:
- Spinal cord injuries
- Whiplash
- Traumatic brain injuries
- Concussions
- Psychological trauma
- Lacerations & abrasions
- Internal injuries
- Fractures & broken bones
If you have been hurt in a pedestrian accident, seek medical attention right away. Then, consult a lawyer who understands the ins and outs of civil law, ensuring you receive compensation for your losses.
Potential Damages in a Pedestrian Accident Claim
In a pedestrian accident claim, potential damages typically fall into several categories, and the specific damages that can be claimed may vary depending on the jurisdiction and the circumstances of the accident. It is important to consult with a Cincinnati pedestrian accident lawyer for advice tailored to your specific situation. Here are some common types of damages that may be pursued in a pedestrian accident claim:
Medical Expenses
- Current Medical Bills: Compensation for the cost of medical treatment immediately following the accident.
- Future Medical Expenses: If the pedestrian sustained long-term injuries requiring ongoing medical care or future surgeries.
Lost Wages
- Current Lost Income: Compensation for wages lost due to the time taken off work for medical treatment and recovery.
- Future Lost Income: If the pedestrian is unable to return to work or experiences a reduction in earning capacity due to the accident.
Pain & Suffering
Compensation for physical pain and emotional suffering resulting from the accident. This is often a subjective assessment and may vary based on the severity of injuries.
Disability & Disfigurement
Compensation for long-term disabilities or disfigurement resulting from the accident can include both physical and emotional aspects.
Loss of Consortium
Compensation for the negative impact the accident may have on the relationship between the injured party and their spouse or family members.
Funeral Expenses
In cases of fatal pedestrian accidents, the family may be entitled to compensation for funeral and burial expenses in a wrongful death claim.
Punitive Damages
In Ohio, punitive damages are only recoverable if the at-fault party acted with malice or aggravated or egregious fraud (see Ohio Rev. Code § 2315.21). These damages are intended to punish egregious acts and discourage similar behavior in the future.
Each case is unique, and the damages sought will depend on the specific facts and circumstances surrounding the pedestrian accident. To ensure that you understand your rights and pursue the maximum compensation, it is in your best interest to consult with a Cincinnati pedestrian accident attorney with experience handling these cases. The accomplished attorneys at Burg Simpson will listen to your story, assess the merits of your claim, and explain your legal rights and options.
Who Can Be Held Responsible for a Pedestrian Accident?
Several parties may be held responsible for a pedestrian accident, depending on the specific circumstances surrounding the incident. Liability in pedestrian accidents is typically determined based on factors such as negligence, violation of traffic laws, and duty of care. Here are some parties that may be held responsible:
Motorists
Drivers are often held responsible for pedestrian accidents if they were negligent, violated traffic laws, or failed to exercise reasonable care while operating their vehicles. Common examples include speeding, running red lights, or distracted driving.
Pedestrians
Pedestrians may share responsibility if their actions contribute to the accident. For instance, crossing the street outside of crosswalks or against traffic signals may affect liability. However, motorists generally have a greater responsibility to exercise caution due to the potential for severe injuries to pedestrians.
Property Owners
Property owners may be held responsible if hazardous conditions on their property, such as poorly maintained sidewalks or inadequate lighting, contribute to a pedestrian accident. This is more relevant in cases involving private property, such as parking lots.
Government Entities
Government agencies may be liable if the accident is caused by poorly designed or maintained public infrastructure, such as malfunctioning traffic signals, inadequate signage, or poorly designed crosswalks.
Employers
If the driver causing the accident was in the course of employment, their employer might be held vicariously liable for the actions of their employee. This is known as “respondeat superior.”
Vehicle Manufacturers
In rare cases, a defect in the design or manufacturing of a vehicle may contribute to a pedestrian accident. In such instances, the vehicle manufacturer or parts manufacturer may be held responsible.
Determining liability in a pedestrian accident can be complex and depends on the specific details of the case. It is in your best interest to consult with Cincinnati pedestrian accident lawyers who can assess the circumstances, gather evidence, and advise you on your rights and legal options.
Safety Tips for Pedestrians
Whether you are a seasoned city dweller or just taking a leisurely stroll, it is essential to be aware of the potential hazards and take steps to ensure your safety. Here are some invaluable safety tips for pedestrians that can make your journey on foot a secure and pleasant experience.
Use Designated Crosswalks
One of the fundamental rules for pedestrians is to use designated crosswalks when crossing streets. These marked areas are strategically placed to optimize visibility for both pedestrians and drivers. Utilizing crosswalks enhances predictability, reducing the likelihood of accidents.
Be Visible
Enhance your visibility, especially during low-light conditions, by wearing bright or reflective clothing. This simple precaution significantly increases the chances of drivers spotting you from a distance, minimizing the risk of collisions.
Stay Alert
Distractions can be hazardous for pedestrians. Avoid texting, talking on the phone, or using headphones while walking. Staying alert allows you to be aware of your surroundings and react promptly to potential dangers.
Make Eye Contact
Whenever possible, establish eye contact with drivers before stepping onto the road. This non-verbal communication ensures that the driver acknowledges your presence and understands your intention to cross.
Obey Traffic Signals
Respect traffic signals and pedestrian crossing signs. Wait for the appropriate signal before crossing, even if the road appears clear. Following these signals helps maintain order and safety at intersections.
Walk Facing Traffic
If there is no sidewalk, walk on the side of the road facing oncoming traffic. This not only gives you a better view of approaching vehicles but also allows you to react more effectively to potential dangers.
Be Cautious at Intersections
Exercise caution at intersections, even when you have the right of way. Not all drivers may be attentive, so remain vigilant and make eye contact with turning vehicles.
Avoid Distracted Walking
Distracted walking can be just as dangerous as distracted driving. Keep your focus on your path and surroundings to minimize the risk of accidents.
Watch for Turning Vehicles
Be particularly cautious when crossing streets where vehicles may be turning. Drivers may overlook pedestrians, especially when making turns.
Cross Safely
When crossing multiple lanes of traffic, cross one lane at a time, and always check for oncoming traffic before proceeding. Patience and careful observation can prevent potentially hazardous situations.
Teach Children Traffic Safety
Instill the importance of pedestrian safety in children. Teach them to look both ways before crossing and to use crosswalks whenever possible.
Plan Your Route
Choose well-lit and pedestrian-friendly routes whenever possible. Avoid shortcuts that may compromise your safety.
By embracing these safety tips, pedestrians can contribute to a safer and more harmonious coexistence with vehicular traffic. Remember, pedestrian safety is a shared responsibility, and by taking these precautions, we can all enjoy our journeys on foot with confidence and security.
Tips for Drivers to Avoid Pedestrian Accidents
To prevent pedestrian accidents and ensure the safety of those on foot, drivers should follow these tips:
Stay Alert & Avoid Distractions
Pay full attention to the road and avoid distractions such as texting, talking on the phone, or other activities that take your eyes off the road.
Obey Traffic Laws
Adhere to posted speed limits, traffic signals, and signs. Follow all traffic laws, especially in areas with high pedestrian activity.
Yield to Pedestrians
Always yield the right of way to pedestrians in crosswalks and at intersections. Be especially cautious at unmarked crossings and when turning.
Use Caution in Residential Areas
Drive at a safe speed in residential neighborhoods and be particularly vigilant in areas where children may be playing or crossing the street.
Avoid Impaired Driving
Never drive under the influence of alcohol, drugs, or any substances that can impair your judgment and reaction time.
Use Extra Caution in Adverse Conditions
Exercise additional caution during adverse weather conditions such as rain, snow, or fog. Reduced visibility can make it harder to see pedestrians.
Stop for School Buses
Always stop for school buses that are loading or unloading passengers. Follow state laws regarding when to stop for school buses.
Check Blind Spots
Before making turns or changing lanes, check blind spots to ensure there are no pedestrians in your path.
Be Mindful at Crosswalks
Slow down and be prepared to stop when approaching crosswalks. Ensure that pedestrians have safely crossed before proceeding.
Exercise Caution at Night
Be especially cautious when driving at night. Poor visibility increases the risk of accidents, so use headlights appropriately and be attentive.
How Long Do You Have to File a Claim?
The statute of limitations for a pedestrian accident in Ohio is generally two years (see Ohio Revised Code § 2305.10). This means that if you were injured in a pedestrian accident, you have a two-year window from the date of the accident to file a lawsuit against the responsible party.
There are exceptions to the two-year statute of limitations. If you were hurt in a pedestrian accident, you should consult with our Cincinnati pedestrian accident lawyers as soon as possible. Our attorneys will review the facts in your case and explain how the statute of limitations applies to your situation.
Why Choose Burg Simpson?
For more than 45 years, Burg Simpson Law Firm has been dedicated to helping accident victims. Our reputation is built on a track record of national awards and client referrals. Whether your case is large or small, involves severe injuries, or faces determined opposition, Burg Simpson is passionate about achieving the best outcome for your pedestrian accident claim. We are committed to obtaining full and fair compensation to help you rebuild your life.
We know that every case is unique. We take the time to connect with you and get to know your life and how it has been impacted by your injuries. By collaborating closely with you, we will tailor a legal strategy that prioritizes your individual needs and best interests.
Our results speak for themselves. We have won over $2 billion in combined verdicts and settlements. When you choose Burg Simpson Law Firm, you can rest assured that your case is in capable hands.
Contact our Cincinnati Pedestrian Accident Lawyers Today
A serious injury can profoundly impact your life. You should not be left to shoulder these hardships alone. Burg Simpson is an award-winning law firm. We have been recognized for our skill in handling even the most difficult cases. We understand the hardships presented by serious injuries and we are dedicated to obtaining the justice and compensation you deserve.
Contact Burg Simpson Law Firm today online or at 513-852-5600 for a FREE and confidential case evaluation. Our pedestrian accident lawyers serve clients in Cincinnati, all of Ohio, and nationwide.
