Pedestrian Accident Lawyer in Cincinnati

Although not every pedestrian accident is the result of driver negligence, a majority of pedestrian accidents involve some type of error committed by the operator of a motor vehicle.

Left-Hand Turns

Left-hand turn accidents typically are caused by an unintentional mistake made by the driver of a motor vehicle that struck a pedestrian. Drivers making left-hand turns tend to focus much more on the traffic approaching an intersection than they focus on pedestrians that have the right of way to cross the street. Even intersections that include crosswalks and traffic signals can be dangerous locations for pedestrians to attempt a crossing.

Driving Under the Influence

Despite decades of aggressive advertising campaigns, driving under the influence of drugs and/or alcohol remains one of the most significant traffic safety issues in the United States. Drivers that surpass the minimum blood alcohol content threshold established by the state where they live do not have the motor skills to react quickly to rapidly changing traffic conditions. They also do not notice cyclists and pedestrians sharing a road with them.

Traffic Violations

Drivers that fail to follow the traffic laws established by the city and state where they live are much more likely to get involved in a car accident with another vehicle, as well as a cyclist or a pedestrian. Speeding represents one of the most common traffic law violations that cause injuries, as does rolling stop signs or failing to use a turn signal. Not only does speeding give a pedestrian less time to react, but the higher speed also causes a stronger impact that produces much more serious injuries.

Distracted Driving

Before the advent of digital technology, distracted driving consisted of acts such as eating while driving, as well as applying makeup while operating a motor vehicle. Cell phones considerably changed the distraction dynamics. Although eating and applying makeup while driving still represent distractions while driving, texting and driving, as well as talking on the phone, have taken over as the two most common forms of distracted driving.

If a driver of the motor vehicle that hit you committed an act of negligence, you should contact one of our Cincinnati pedestrian accident attorneys to determine how to proceed with your case.

Car accident injuries run from minor abrasions to life-threatening head trauma. At Morgan & Morgan, our more than 35 years of experience litigating pedestrian accident cases provides us with insight into the most common injuries sustained because of pedestrian accidents.

Fractures

When you think of all the possible injuries that are caused by a pedestrian accident, you probably put fractures at the top of your list of injuries. Without adequate protection, even the slightest impact can cause a bone to fracture. The most vulnerable parts of the body for a fracture to develop because of a pedestrian accident include the hands, wrists, arms, and hips. Compound fractures, which break through the skin, often require emergency medical care to prevent the fractures from developing life-threatening symptoms.

Brain Trauma

Although many states force cyclists to wear helmets while riding their bicycles, the same cannot be said for pedestrians. The lack of head protection makes the brain highly susceptible to trauma because of the impact delivered by a motor vehicle. Brain trauma can cause an assortment of medical issues, including memory loss, migraine headaches, acute fatigue, and a loss of consciousness. Longer-term implications of brain trauma can be depression, mood swings, and a severe deterioration of coordination.

Damaged Spinal Cord

The whiplash caused by the impact of a motor vehicle on an unprotected pedestrian can lead to a lifetime of spinal cord issues. A strong impact that produces severe whiplash can cause temporary or permanent paralysis. A damaged spinal cord represents one of the most life-altering injuries that result from a pedestrian accident. Spinal cord injuries can require a lifetime’s worth of medical care.

Organ and Soft Tissue Damage

Some of the injuries caused by a pedestrian accident in Cincinnati do not develop easy to detect symptoms. This is especially true for internal injuries, such as the damage inflicted on organs and soft tissues. Although it can take a victim of a pedestrian accident less time to recover from soft tissue injuries, the same cannot be said for the damage inflicted on organs such as the liver and kidneys. Even if you do not detect any symptoms of an injury after a pedestrian accident, you should still receive medical care to ensure you have not sustained any internal injuries.

Although cities like Cincinnati enact safety laws that affect both drivers and pedestrians, the State of Ohio establishes the legal framework for cities to regulate behavior on state roads and highways.

Pedestrian Laws

Pedestrians are not permitted to suddenly walk off a curb, sidewalk, or another safe place into the path of an oncoming motor vehicle. Ohio requires pedestrians to yield the right of way at a crosswalk to passing cars. This law differs from the laws concerning the right of way that regulate pedestrian behavior in other states.

Ohio law requires pedestrians to walk on the right half of sidewalks and crosswalks. This is a particularly important law because cyclists sometimes do not have access to a bike path. If a pedestrian does not have access to a sidewalk, the pedestrian is allowed to walk along a road as long as the pedestrian stays as far away from a road as possible.

Pedestrians walking along a two-way road must walk on the left side of the road to see oncoming traffic. Ohio prohibits pedestrians from crossing a street unless they are crossing at a marked crosswalk or an intersection with traffic signals. Diagonal crossing at an intersection is strictly forbidden by Ohio pedestrians laws. 

Driver Laws

Any driver who departs from an alley, building, driveway, or private road must stop the vehicle before traveling over a sidewalk or marked crosswalk. Ohio drivers must yield the right of way to any pedestrian who walks on a sidewalk. When a driver stops at a sidewalk or marked crosswalk, another driver is not permitted to pass the stopped motor vehicle until a pedestrian has cleared the immediate area.

Ohio drivers must obey all traffic laws passed at both the state and local levels including speed limits and signaling requirements.

The first thing to do after a pedestrian accident involves getting immediate medical care. A majority of pedestrian accidents result in serious, even life-threatening injuries that require quick medical attention. Make sure to document every injury, which your physician can help you do by providing the results of diagnostic tests. The results of imaging tests play an influential role in getting an insurance claim approved, as well as winning a legal judgment issued at the end of a civil trial.

A pedestrian accident typically requires at least one party to call the nearest law enforcement agency. Officers responding to a pedestrian accident collect physical evidence, as well as interview witnesses. One of the most important evidential documents filed by your lawyer is a copy of the official police report. Insurance companies and judges hearing civil cases place considerable emphasis on the content presented in a police report.

Do not discuss your claim with an insurance company until you have met with one of the experienced pedestrian accident attorneys at Morgan & Morgan. Insurance companies are notorious for taking advantage of policyholders when they are the most vulnerable after a traumatic accident.

If you sustained injuries caused by a pedestrian accident and another party’s negligence caused the injuries, you have the right to seek compensation to pay for economic and non-economic losses. Economic losses include the cost of medical care, such as diagnostic tests, treatment programs, and physical therapy sessions. You also have the right to seek monetary damages that cover lost wages.

Non-economic damages do not come with a tangible price tag. Instead, non-economic damages cover the pain and suffering caused by a traumatic event like a pedestrian accident. Your personal injury attorney calculates non-economic damages by referring to a formula that factors in the value of economic damages.

Schedule a free case evaluation today with one of the highly-rated litigators at Morgan & Morgan.