Accidents involving pedestrians and motor vehicles can have catastrophic results. The mismatch between a car and a person traveling on foot often causes pedestrians severe injuries, permanent disability, or even death after an accident. The cost of dealing with the aftermath of these injuries is extensive. If you were in an accident and are now facing medical bills and missed time from work, a pedestrian accident lawyer serving Upper Arlington may be able to help.
Bressman Law’s focus is on helping personal injury victims recover compensation. If someone else caused your accident, a pedestrian accident attorney serving Upper Arlington may be able to help you file an insurance claim to hold them responsible for your damages. They can deal with the insurance company directly while you focus on your recovery. If the liable party refuses to negotiate a fair settlement, a lawyer may also be able to file a lawsuit and argue your case in court.
Safety Tips for Pedestrians in Upper Arlington
According to the Centers for Disease Control and Prevention (CDC), a pedestrian in the United States is every 75 minutes. Nearly 180 pedestrians were killed in Ohio alone in 2021, according to the Ohio State Highway Patrol (OSHP). To keep themselves safe, pedestrians should:
- Carry a flashlight and use reflective clothes when walking at night to increase your visibility.
- Cross roadways at a marked crosswalk or junction when feasible.
- Choose a sidewalk or walkway instead of walking on the road. If there isn’t a sidewalk or path available, walk on the shoulder and face traffic.
- Avoid using headphones or other devices that may distract you while walking.
- Do not go for a stroll If you’ve been drinking or taking drugs.
However, even after following these safety tips, pedestrians can still be involved in an accident with a negligent driver. A lawyer may be able to help prove the driver was at fault for the injuries sustained in the accident.
For a free legal consultation with a pedestrian accident attorney in Upper Arlington, call (614) 538-1116
What to Do After Being Involved in a Pedestrian Accident
After being involved in an accident, you should:
- Move all injured parties to a safe location, check to make sure no one is severely injured, and seek medical attention.
- Report your symptoms from the accident to your doctor and emergency personnel, including your pain and discomfort levels, your response to treatment, and the effect your injuries have on your daily life.
- File a police report
- Exchange contact information with the driver and talk to witnesses.
- Gather evidence of the scene by taking pictures and notes of the accident.
- Call a pedestrian accident attorney.
Following these steps can help keep you healthy after your injury and help your claim.
Upper Arlington Pedestrian Accident Attorney (614) 538-1116
How Will a Lawyer Prove Someone Else Caused My Pedestrian Accident?
Negligent drivers are often to blame for causing pedestrian accidents. Crosswalks, intersections, and parking lots are common locations for this type of incident. If the driver in your case was not paying attention to the road, ignoring traffic signals, speeding, or violating traffic laws, a lawyer can hold them responsible for your damages.
To prove fault in an accident, a pedestrian accident lawyer can conduct an investigation into your case. They may turn to the police report if the authorities respond to the scene. They can also use photos of the accident scene, traffic camera surveillance footage, and testimony from eyewitnesses to understand what happened. They may also call in an accident reconstruction specialist to offer their take on the cause of the accident. Attorneys can also use your medical records to establish the cause and severity of your injuries.
Using this evidence, a pedestrian accident attorney serving Upper Arlington may be able to pursue the at-fault party for compensation.
Key Elements to Proving Fault
When it comes to proving a driver was at fault for your pedestrian accident, you and your lawyer must be able to prove four key elements:
- The driver is required to use reasonable caution. This is called having a duty of care.
- The driver was irresponsible and breached their duty of care. This occurs if a reasonable person in the same position would have done something differently to not cause the accident.
- You have injuries from the accident.
- Your injuries resulted in damages. Damages can be either economic or non-economic. Non-economic damages are unquantifiable non-monetary losses, such as pain and suffering. Economic damages are quantitative losses, such as medical bills.
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How Much Money Is My Pedestrian Accident Claim Worth?
The value of your claim depends on how the accident affected you. In an Ohio pedestrian accident claim, you can recover compensation for:
- Medical care
- Rehabilitation bills
- Lost income from missing work
- Damaged property
- Pain and suffering
- Loss of companionship
- Wrongful death
In cases where the at-fault party acted intentionally, you may also qualify for punitive damages. A law firm like Bressman Law can determine how much your injuries have cost you and how much they are likely to cost in the future. This is the amount we will request in compensation.
They can calculate your total costs for medical care, rehabilitation, lost wages, or property damage using your bills, receipts, and wage statements from your employer.
Some losses, like pain and suffering and loss of companionship, do not have a fixed price. That is why you should track your pain symptoms using a journal. Note your symptoms, pain, nights when you cannot sleep, and days when you miss work, making sure to date each entry. This can help establish the effect your injuries have had on your life.
In some cases, you may qualify for punitive damages. A judge orders punitive damages to punish the at-fault party for acting intentionally or maliciously. These damages also discourage others from engaging in similar behavior. Although very rare, a pedestrian attorney can tell you if you may qualify for punitive damages after examining the details of your case.
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If You Share Some of the Fault in a Pedestrian Accident
According to state law, pedestrians must:
- Stay off freeways;
- Obey road signs and signals;
- Yield the right of way to funeral processions, ambulances, police cars, and other emergency vehicles;
- Not walk or be on a highway if under the influence of alcohol, drugs, or both;
- Stay on the sidewalk, if there is one;
- If there is no sidewalk, stay on the shoulder or outside edge of the highway and walk facing traffic;
- Yield to vehicles if walking on the shoulder or edge of the highway; and
- Stay off railroad crossings, bridges, and drawbridges if lights are flashing.
If you failed to adhere to these rules, you may bear some of the liability for the accident. Under Ohio Revised Code Section 2315.33, your percentage of fault will reduce your damage award. If you were more than 50 percent to blame for the accident, you cannot recover compensation.
Even if you believe you played a role in the accident, you should not discuss fault with the at-fault driver or their insurer without first speaking to an attorney. Your lawyer can determine your level of liability and fight for the most compensation possible in your case.
How Long You Have to File a Pedestrian Accident Lawsuit
The statute of limitations for pedestrian accident lawsuits in Ohio is two years from the date of the accident, according to Ohio Revised Code Section 2305.10. Minors who have been hurt in an accident have two years from their 18th birthday to bring a lawsuit.
How Can an Pedestrian Accident Lawyer Serving Upper Arlington Help Me Recover Compensation?
After a lawyer collects evidence proving fault and calculates a fair value for your claim, they may try to settle with the insurance company. Law firms like Bressman Law can begin the negotiation process to get you the compensation you deserve. If the insurer tries to offer you a low settlement or deny your claim, a skilled pedestrian accident attorney will push for a fair offer.
If the insurer refuses to offer you a fair payout, a lawyer may then take your case to court. Bressman Law has experience litigating this type of case.
Call Bressman Law Today for Help With Your Pedestrian Accident Claim
If you are facing extensive injuries and medical costs after a pedestrian accident, Bressman Law can help. When we take on your case, we will keep you informed through every step in the claims process. You will know what we are doing, how negotiations are going, and what we plan to do next. We are available to answer any questions you have along the way. Set up a free consultation today.