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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for a Pedestrian Accident in Ohio

In recent years, Ohio has witnessed an increase in pedestrian accidents, often leading to serious injuries or even wrongful death. Understanding one's legal rights is crucial for anyone involved in such incidents.


Lawyers are necessary to help injured pedestrians deal with their claims effectively. These Toledo pedestrian accident lawyers work diligently to ensure that victims secure fair compensation for medical bills and other losses from the responsible driver's insurance company.


Regardless of the severity of the injury, consulting with an experienced Ohio pedestrian accident Attorney can greatly influence the outcome of a lawsuit. They are also able to advise on how to file a lawsuit for bicycle accident in Ohio.


Insights on Ohio Pedestrian Accident Cases

Insights on Ohio Pedestrian Accident Cases


Pedestrian accidents in Ohio are a great safety concern that requires attention due to their frequency and severity.


Recent reports indicate that incidents are on the rise in Ohio, with fatalities and serious damages, such as spinal cord injuries, increasing annually. These statistics are alarming, emphasizing the need for enhanced safety measures and public awareness campaigns to protect pedestrians.


Moreover, the majority of these accidents can be attributed to a few key behaviors. Distracted driving is a leading cause, with drivers often occupied by mobile devices instead of focusing on the road.


Failure to yield is another common issue, particularly in urban areas where vehicles and pedestrians frequently intersect. The increasing size and popularity of SUVs contribute to the severity of injuries in these car accidents.


Legal Rights and Responsibilities in Pedestrian Accident Claims


Understanding Ohio's legal framework is crucial for anyone involved in such incidents. Vehicles and pedestrians alike need to be careful when navigating the roads in this state.


Traffic Laws

Ohio's traffic laws clearly define the rights and responsibilities of both pedestrians and drivers. Pedestrians generally have the right of way at all marked crosswalks and intersections without signals.


However, they must obey walk signals and cannot unexpectedly leave a curb and move in front of a vehicle that's close and unable to stop safely. On the other hand, drivers are required to yield to pedestrians at crosswalks and stop for any school bus loading or unloading children.


Determining Fault

Following the rule of comparative negligence, which means that if a pedestrian is slightly at fault in an accident, their compensation may be reduced by their percentage of fault. For instance, if a pedestrian is found to be 20% responsible for an accident, their awarded damages would be decreased by 20%.


The Role of Ohio Pedestrian Accident Lawyers


Attorneys are crucial allies for the victims. Their expertise in guiding complex legal proceedings can greatly influence the outcome of a pedestrian accident lawsuit.


Expertise and Assistance 

From the initial consultation, a lawyer assesses the specifics of the case, guiding the victim through every legal step. They gather evidence, including medical records and witness statements, and negotiate with insurance companies to make sure that all relevant facts are presented effectively.


The Benefits of Legal Representation 

Having a knowledgeable Ohio pedestrian accident lawyer increases the likelihood of receiving adequate compensation. Moreover, they understand how to calculate fair compensation based on the severity of the injuries, lost wages, and potential long-term impacts.


Lawyers can also counteract common tactics used by insurance companies to undervalue claims, advocating vigorously on behalf of the injured pedestrian to secure the best possible settlement or court judgment.


Steps to Take after a Pedestrian Accident


Taking the right steps immediately can be necessary for medical reasons and any subsequent legal claim if involved in the incident. Victims should:


  1. Seek medical attention: Prioritize health even if injuries seem minor - internal injuries or complications can arise later. Call an ambulance or visit a hospital immediately.

  2. Document the scene: If possible, take photos of the accident scene, including road conditions, traffic signs, and vehicle positions. This visual evidence can be critical in establishing the facts of the personal injury lawsuit.

  3. Gather witness information: Collect names, phone numbers, and addresses of anyone who witnessed the car accident. Witness statements can provide an independent account of events, which is crucial for both insurance claims and potential legal action.

  4. Exchanging information with the involved parties: Get the driver’s name, contact information, insurance details, and vehicle registration. This is essential for filing an insurance claim.

  5. Report the car accident: Notify the police immediately. A police report is a valuable document that records the details of the incident and may indicate the officer’s assessment of fault.

  6. Consult a lawyer: Contact Ohio pedestrian accident lawyers who specialize in these cases. Experienced professionals can offer legal advice, help navigate the claims process, and work to secure compensation for medical bills, lost wages, and other damages related to the crash.


Filing an Insurance Claim


After a pedestrian accident in Ohio, it is essential to file a claim with the insurance company of the driver involved.


Victims can start by promptly reporting the accident to the insurer. It is wise to handle communications carefully, as the insurance adjuster's role is to evaluate the damages and potentially offer a settlement.


However, these initial offers may not fully cover the true costs of injuries and losses. Challenges often arise, such as disagreements over fault or the severity of injuries sustained. Therefore, seeking the advice of a seasoned lawyer can help guide these disputes effectively.


Pursuing a Pedestrian Accident Lawsuit

Pursuing a Pedestrian Accident Lawsuit


Filing a lawsuit may be necessary when insurance offers are insufficient to cover the medical bills and other losses experienced by pedestrian accident victims.


An Ohio pedestrian accident lawyer can advise when legal action is appropriate. The lawsuit process begins with filing a complaint against the parties at fault, typically the driver or their insurance company.


Plaintiffs should prepare for a timeline that can vary depending on the complexity of the case. Expectations include discovery, negotiations, and possibly a trial.


Engaging a skilled personal injury lawyer ensures thorough preparation and a better chance of securing adequate compensation for the injuries sustained. They also have insight on how to file a lawsuit for construction accident in Ohio. With our motto, "We go to war for you," Schuerger Shunnarah Trial Attorneys promises aggressive representation to protect the rights and interests of our clients.


Closing Thoughts


It's important for victims to understand their legal rights after a pedestrian accident, especially when facing the aftermath of injuries and potential financial burdens. Hiring an experienced Ohio lawyer can greatly impact the individual's ability to deal with the complexities of insurance claims and legal proceedings effectively.


If someone's been involved in a pedestrian accident, it's essential to seek professional advice to ensure that they receive the compensation they deserve for medical bills, lost wages, and other damages.


Victims should contact Schuerger Shunnarah Trial Attorneys today for guidance and support in their pedestrian accident lawsuits. Our team can help victims secure the compensation and justice they deserve.

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