Pedestrian Accident Lawyer Near Me
Despite pedestrian safety campaigns, Dublin, OH can be a dangerous place to be a pedestrian. You can suffer injuries in accidents with vehicles or bicycles, both of which can be catastrophic or even deadly.
What can cause a pedestrian accident?
There are several potential causes of a pedestrian accident. Some of the most common include:
- Distracted driving (e.g., texting, eating, talking with passengers, changing the radio station, daydreaming, etc.)
- Distracted walking (e.g., texting, reading, listening to music, etc.)
- Distracted biking
- Driving while intoxicated
- Driving while fatigued
- Dangerous roadways (e.g., closed off sidewalks due to construction, a lack of sidewalks)
- Broken or missing traffic signals
- Bad weather
Is the driver always liable for hitting a pedestrian?
No, not always. While drivers have a duty of care to watch out for pedestrians, especially in heavily-populated areas, pedestrians must also do their part to ensure their own safety.
If the driver was operating the vehicle safely and was not negligent in any way, the driver may not be liable. An example of this is when a pedestrian darts out in front of a moving vehicle and the vehicle cannot stop in time. If the driver was obeying speed limits and surveying the area for pedestrians and other dangers, the driver is likely not liable.
Is the driver always liable for an accident in an intersection?
Many people are unaware of just how right-of-way laws work. In many cases, the driver or the pedestrian thinks they always have the right-of-way which is not true.
The pedestrian has the right-of-way in a crosswalk regardless of whether it is marked (i.e., white lines) or unmarked (i.e., an intersection). However, pedestrians must wait for the walk signal to change in their favor, and must always look both ways before crossing.
If a pedestrian crosses against the walk signal, she could be liable for her own injuries.
What types of injuries occur in pedestrian accidents?
Pedestrian accidents are often serious or even deadly, because of the total lack of protection. When pedestrians survive these accidents, they are often left with debilitating injuries such as:
- Traumatic brain injuries
- Spinal cord injuries
- Crushing injuries
- Broken bones
These injuries can cost thousands or even millions and keep victims out of work for weeks or even indefinitely.
Who will pay for my medical bills?
Who pays for your medical bills depends on who is responsible.
- The at-fault driver: The most obvious choice, the at-fault driver will cover your injuries and lost wages up to the limits of his policy
- Your own insurance: You can use your own insurance while you are waiting for your case to settle or if you were at-fault for your accident. You can only use your own coverage if you have personal injury protection (PIP) coverage or under medical payments coverage.
- The pedestrian’s own health insurance: This is often the last choice because many health insurance policies refuse to cover accident-related injuries until the policyholder exhausts all other options.
You might also be able to hold the entity responsible for road maintenance liable.
How can I hold the other driver liable?
As with any injury claim, you need to prove the driver acted negligently. You need to prove:
- He had a duty to drive safely;
- He breached that duty (e.g., by texting, driving while intoxicated, etc.);
- This breach caused your injuries; and
- You suffered damages
How can a lawyer help me after a Dublin, OH pedestrian accident?
A pedestrian accident can be devastating. You should be focused on your health, rather than how you are going to hold the at-fault party liable. A Dublin, OH pedestrian accident attorney can handle your case for you. When you enlist the help of a lawyer who handles pedestrian accidents, you will not need to worry about:
We can recover the:
- Police report
- Any photos or surveillance video of the accident
- Any eyewitness testimony
- Your medical records
Even though fault in a pedestrian accident can seem cut-and-dried, it rarely is. And even if it is clear that the driver was 100 percent at-fault for the accident, you can bet that his insurer will do whatever it can to place fault on you.
The insurer might accuse you of walking against the traffic signal, stepping in front of the driver’s car, or walking while distracted.
We will build your case and defend you against any accusations of fault.
Note: You can recover compensation for your injuries even if you were partially at-fault, as long as you were less at fault than the other party. Your fault will decrease your settlement.
Negotiating with Insurers
Many accident victims will take what they can get from a settlement, either desperate enough to accept any offer or fearful that they will not get another one. We will determine the value of your case and ensure the insurance company gives you the compensation you deserve. If not, we can take it to court.
Where can I get help from a pedestrian accident near me?
If you have been injured as a pedestrian in Dublin, Ohio, or the surrounding areas, you may be able to get compensation for your injuries. These cases are complicated. Let the personal injury lawyers at Bressman Law help. Call us today at 877-538-1116 for your free consultation.