As we go about our daily routines, walking on the streets has become customary for millions of people worldwide. Whether it’s for commuting to work, running errands, or just taking a stroll, pedestrian activities can expose us to numerous risks. Every year, many people suffer injuries or even fatalities from pedestrian accidents, which can have life-changing impacts on their lives. Understanding the contributing factors to these accidents and the legal ramifications that follow them is essential. Having a reliable legal team on your side is critical to protect your rights when the unexpected happens. That’s where Toledo Pedestrian Accident Lawyers at Gallon, Takacs & Boissoneault come in. Our Team is dedicated to helping families navigate the legal complexities of these cases and securing the compensation they deserve. When dealing with a pedestrian accident, having an experienced law firm like Gallon Takacs & Boissoneault on your side is paramount.
The Alarming Statistics
Pedestrian injuries and fatalities are alarmingly high. In 2022 alone, 7,522 pedestrians were killed in traffic crashes across the nation, and over 67,000 were injured. These numbers translate to one pedestrian death every 70 minutes. While there was a slight decrease in 2023, with 7,318 fatalities, this figure is still significantly higher than pre-pandemic levels.
Who Is at High Risk for Pedestrian Accidents?
Pedestrian accidents can happen to anyone, but some groups are more vulnerable than others. Adults over the age of 65 and children under the age of five are particularly at risk. Shockingly, these two groups account for 20% and 20.4% of all pedestrian accident deaths, respectively.
The reasons for these high-risk categories are multifaceted. Older adults may have decreased mobility and slower reaction times, making them less able to avoid oncoming traffic. Conversely, children may not have the necessary judgment or understanding of traffic rules to stay safe. Therefore, it’s crucial for caregivers to monitor young children closely and for older adults to take extra precautions when walking near traffic.
Understanding these risk factors can help us take targeted action to reduce pedestrian deaths. By being aware of who is most vulnerable, communities can implement measures to protect these at-risk groups effectively.
The Nighttime Danger
One alarming trend is the increase in pedestrian deaths occurring at night. In 2022, nearly 78% of all pedestrian fatalities happened after dark, despite lower traffic volumes during these hours. Since 2010, the number of nighttime pedestrian deaths has skyrocketed by 91%, while daytime deaths have seen a 28% increase.
This stark contrast highlights the dangers of walking at night. Poor visibility makes it harder for drivers to see pedestrians, and inadequate street lighting exacerbates the problem. Additionally, drivers are more likely to be tired or impaired during nighttime hours.
To mitigate these risks, pedestrians should wear reflective clothing and carry a flashlight when walking at night. On the other hand, drivers should be extra cautious and reduce their speed in poorly lit areas. Community efforts to improve street lighting can also go a long way in reducing nighttime pedestrian deaths.
The Rise of Light Trucks and SUVs
Another significant factor contributing to pedestrian accidents is the prevalence of light trucks and SUVs. Over half of pedestrian deaths (52%) involve these types of vehicles, up from nearly 44% a decade ago. The design of SUVs, with their higher hoods and bigger blind spots, makes them more lethal to pedestrians.
SUVs and light trucks are heavier than regular cars, which means they cause more severe injuries. Their design also means that they strike adult pedestrians in the chest rather than the waist or legs, leading to fatal outcomes. The increasing number of these vehicles on the road is a concerning trend for pedestrian safety.
What Causes Pedestrian Accidents?
Pedestrian accidents can occur for many reasons, often involving both drivers and pedestrians. Understanding these causes can be the first step in preventing accidents.
Failure to Yield the Right of Way
One common cause of pedestrian accidents is the failure to yield the right of way, either by the driver or the pedestrian. When drivers neglect to yield to pedestrians at crosswalks or intersections, it can result in severe accidents.
Speeding Drivers
Speeding is another major factor. When drivers exceed speed limits, particularly in areas with high foot traffic, they reduce their reaction time and increase the severity of accidents.
Intoxicated Drivers or Pedestrians
Intoxication impairs judgment and reaction times, making both drunk driving and walking extremely dangerous. Alcohol and drugs can significantly increase the risk of accidents.
Fatigued Drivers
Fatigue can be just as impairing as intoxication. Tired drivers are less alert and more prone to making mistakes that could lead to accidents.
Distracted Driving or Walking
Distractions such as texting, talking on the phone, or even listening to music can divert attention from the road. Both drivers and pedestrians need to stay vigilant to prevent accidents.
Jaywalking
Crossing streets outside designated crosswalks, known as jaywalking, puts pedestrians at risk. It’s essential to use crosswalks to ensure you’re visible to drivers.
Pedestrians Failing to Look Both Ways
Before crossing the street, always look both ways. This simple habit can prevent many accidents caused by not seeing oncoming traffic.
Stepping Out into Traffic
Pedestrians stepping out into traffic without checking can lead to disastrous consequences. Always ensure the road is clear before crossing.
Wearing Dark Clothing
Wearing dark clothing at night reduces your visibility to drivers. Opt for bright or reflective clothing to make sure you’re seen.
Working or Playing in a Roadway
Being in the roadway for work or play can be hazardous. Always use designated areas and stay alert.
Impaired Visibility
Weather conditions like fog, rain, or snow can impair visibility for both drivers and pedestrians. Exercise extra caution in these situations.
Poor Road Design
Some roads are not designed with pedestrian safety in mind. Lack of sidewalks, crosswalks, or proper lighting can increase the risk of accidents.
Vehicle Defects
Vehicle malfunctions, such as brake failures, can sometimes lead to accidents. Regular vehicle maintenance is crucial for safety.
Know the Basics – Pedestrian Safety
Understanding the basics of pedestrian safety is key to preventing accidents. Here are some essential tips to keep you safe while walking.
8 Safety Tips for Drivers
- Look out for pedestrians everywhere, at all times. Always be aware of pedestrians, especially in high-traffic areas.
- Use extra caution in hard-to-see conditions. This includes nighttime or bad weather when visibility is reduced.
- Slow down when turning or entering a crosswalk. Be prepared to stop to allow pedestrians to cross safely.
- Yield to pedestrians in crosswalks. Stop well back to give other vehicles a chance to see and stop for crossing pedestrians.
- Never pass vehicles stopped at a crosswalk. They may be allowing pedestrians to cross, which you might not see.
- Never drive under the influence. Alcohol and drugs impair your ability to drive safely.
- Follow the speed limit. Especially around schools, neighborhoods, and places where children are present.
- Be cautious when backing up. Always look for pedestrians behind your vehicle.
8 Walking Safety Tips
- Follow the rules of the road. Obey all signs and signals to ensure your safety.
- Walk on sidewalks whenever available. If there’s no sidewalk, walk facing traffic and stay as far from it as possible.
- Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning.
- If no crosswalk is available, find a well-lit area to cross. Wait for a gap in traffic that allows enough time to cross safely.
- Watch for cars entering or exiting driveways. Be cautious of vehicles backing up in parking lots.
- Avoid alcohol and drugs when walking. They impair your judgment and abilities.
- Stay alert and minimize distractions. Keep your eyes up, and avoid texting while walking.
- Make yourself visible. Wear bright or reflective clothing, especially at night.
Legal Issues Regarding Pedestrian Accidents
Pedestrian accidents are a serious issue with far-reaching legal implications. Understanding your rights, the legal landscape, and the steps to take after an accident can significantly impact the outcome of your case. By taking informed action, you not only seek justice for yourself but also contribute to a safer environment for all pedestrians.
Comparative Negligence in Michigan
Michigan law allows an injured person to collect non-economic damages (pain and suffering) from the at-fault party only if they are less than 50% at fault for the accident. This rule is known as “comparative negligence.”
Understanding Comparative Negligence
Comparative negligence means that if both the pedestrian and the driver are negligent, the non-economic damages awarded to the plaintiff may be reduced according to their degree of fault. For example, if a pedestrian is found 30% at fault, their compensation will be reduced by 30%.
When Municipalities Are Responsible
Sometimes, the municipality governing the city or town where the accident occurred may be responsible. This could be due to a malfunctioning traffic signal or a dangerous crosswalk. In such cases, the municipality might be held accountable for the accident.
The Role of a Pedestrian Accident Lawyer
Regardless of the circumstances, having a qualified pedestrian accident lawyer on your side can make your case more successful. They can guide you through the complexities of comparative negligence and help ensure you get the compensation you deserve.
Comparative Fault and Pedestrian Negligence in Ohio
In Ohio, the concept of comparative fault also applies. This means that pedestrians can be partly responsible for their accidents, especially in cases of distracted walking.
Distracted Walking
Distracted walking has become an issue in many places, including cities in Ohio. If a pedestrian is texting while walking or listening to music instead of focusing on a safe walking route, they can be considered negligent.
Ohio’s Modified Contributory Fault Law
Ohio’s modified contributory fault law, also known as modified comparative negligence, allows an injured pedestrian to share some measure of fault for an injury claim and still receive compensation. However, the pedestrian must be less than 50% responsible for the accident or injury to recover damages. If an injured pedestrian is found to be more than 51% at fault, they will lose any right to compensation.
Reducing Your Damages
If found partially at fault, the pedestrian’s damages award will be reduced by their portion of fault. For instance, if a pedestrian is 25% responsible, their compensation will be reduced accordingly.
Seeking Legal Care
After an accident, seeking appropriate medical care and legal assistance is essential. An experienced pedestrian accident lawyer can help you understand how the law applies to your situation and protect your rights.
Ohio Right-of-Way Laws
In Ohio, the right-of-way laws grant specific rights to both drivers and pedestrians.
Pedestrians Have the Right-of-Way
Pedestrians generally have the right-of-way on all sidewalks, marked crosswalks, and when traffic control signals indicate. Blind pedestrians with a cane or guide dog are always given the right-of-way.
Drivers Have the Right-of-Way
Drivers have the right-of-way when pedestrians are crossing outside of marked crosswalks or against traffic control signals. Pedestrians must yield to vehicles traveling on the roadway and during funeral processions or when public safety vehicles have sirens sounding and lights flashing.
Michigan Pedestrian Crosswalk Laws
Michigan does not have a specific law regarding the use of crosswalks. Most municipalities use the Michigan Uniform Traffic Code to address crosswalks.
General Rules for Pedestrians
Pedestrians generally have the right-of-way when walking on the same side of the roadway as an approaching vehicle or lawfully in a crosswalk. However, drivers are not required to come to a full stop. Further, if a sidewalk is available, the pedestrian must use it instead of the roadway if possible.
When Pedestrians Do Not Have the Right-of-Way
Pedestrians do not have the right-of-way when they suddenly enter the crosswalk in the path of a moving vehicle, cross outside a designated crosswalk, or disobey traffic signals. They also don’t have the right-of-way when waiting on the curb of a crosswalk.
Common Injuries Caused When Cars Hit Pedestrians
Pelvic Injuries
Pelvic injuries are among the most frequent in pedestrian accidents. The impact of a vehicle can cause fractures, dislocations, and severe bruising. These injuries often require extensive medical treatment and rehabilitation, adding a significant financial burden to the victim.
Head Traumas
Head injuries are particularly concerning due to their potential for lasting damage. Concussions, skull fractures, traumatic brain injuries (TBI), and brain bleeds can result from even minor collisions, especially in older adults. Immediate medical attention is crucial to mitigate long-term effects.
Neck and Spinal Cord Injuries
Injuries to the neck and spinal cord can lead to chronic pain, paralysis, and other life-altering conditions. These injuries may not be immediately apparent, making prompt medical evaluation essential.
Internal Injuries
Internal injuries, such as organ damage and internal bleeding, are dangerous because they are not always visible. Only a thorough medical examination can reveal the extent of these injuries, underscoring the importance of seeking medical care after any accident.
What to Do Immediately After a Pedestrian Accident
Imagine you’re out for your daily walk, enjoying the fresh air, when suddenly you find yourself airborne after being struck by a vehicle. The next few moments are crucial for your safety and well-being. This guide will walk you through the essential steps to take if you’ve been injured in a pedestrian accident or witnessed one, ensuring you protect your health and legal rights.
Stay Calm and Assess Your Injuries
The first thing you’ll want to do is stay calm, which we realize might be hard to do since you’ve just been hit by a car. However, staying calm is essential for assessing injuries and taking stock of the accident.
Then, try to determine whether or not you have any injuries that prevent you from moving. You should know relatively quickly whether or not you can move. If you can, attempt to move out of the street if you were knocked into the road. If you can’t, ask someone to call 911 and wait for help.
Call the Police Immediately
Chances are witnesses have already called the police, or the driver might have. If they haven’t, request for someone to call them. You’ll need the police there regardless of whether you’re hurt to file an official report on the accident. Calling the police will also notify emergency services so they can arrive and check to ensure no one’s been injured. You could be injured and not even know it due to shock or the adrenaline that’s masking any underlying pain.
Get the Driver’s Information
Even if you think you’re not injured, try not to let the driver leave. At least make sure you get the driver’s name, contact information, and license plate number. It’s best if all parties involved in the accident can stay long enough for a police report of the incident to be taken. While this will require talking to the driver, do not talk to the driver about fault. Never apologize, even in politeness, because how you act and what you say can be used against you later. For instance, if you’re discombobulated and say, “No, it’s fine. It was probably my fault too. I’m sorry I got in your way,” that could be used against you later on if your case goes to court.
Gather Evidence at the Scene
As soon as you can do so after the accident, take pictures. Take pictures of the site, where the driver’s vehicle hit you, any speed signs, and anything else around the site that could potentially be used as evidence in a court hearing. It’s also a good idea to get the names and contact information of any witnesses so that they can be called upon to testify as to what they saw later if needed.
Keep the clothes you were wearing in the condition that they were in after the accident since these could provide further evidence of the impact of how you were hit. Also, keep any other items that could serve as evidence, such as a cell phone or other electronic device that got smashed as a result of the accident.
It’s also a good idea to write down everything you can remember leading up to, during, and after the accident. Doing this as soon as possible is essential since our minds tend to blur and lose crucial little details over time. Be as detailed as possible when describing the events because something that might seem insignificant to you could have a huge impact in court later on.
Seek Immediate Medical Attention
If emergency personnel haven’t already responded to the scene, make sure you go by the hospital and seek medical attention. Having a doctor make note of any scrapes, bruises, cuts, shock, or any other conditions you retained as a result of the accident will strengthen any claim you choose to file later on. Also, if you do have visible injuries, it is usually helpful to take some photos as well.
Be Caution When Dealing with Insurance Companies
Your insurance company might have you covered under an uninsured motorist coverage if the vehicle driver doesn’t have insurance coverage, if that is the case you may have to provide a statement about the events leading to your injury. However, consult an experienced personal injury attorney before speaking with any insurance company.
Seek Legal Support After a Pedestrian Accident
It’s important to have a pedestrian accident lawyer who understands the laws surrounding these types of accidents. Not only can they help you navigate the legal process, but they can also work with your insurance company to ensure that you receive the compensation you deserve. With a skilled personal injury lawyer, you can focus on recovering from your injuries while knowing your case is in good hands. Contact a pedestrian accident lawyer today to discuss your legal options.
What If I’m the Driver in Car Accident Involving a Pedestrian?
Knowing what to do right after an accident is crucial. Quick, decisive actions can help reduce panic and ensure everyone’s safety.
Stop Your Vehicle
If you’re the driver, the most essential thing you need to do is to stop your vehicle. Stopping not only prevents you from committing a crime by fleeing the scene but also allows you to assess the situation and help the pedestrian if they’re hurt.
Ensuring Safety First
Firstly, pull over to a safe area and turn on your hazard lights to alert other drivers. This will prevent further accidents from occurring and also give you some time to assess the situation.
Contact Medical Help
Dial 911 to get emergency services and law enforcement on the scene immediately. It’s important to provide a truthful account of what happened to the first responders so they can best assist the injured pedestrian. A quick response could save a person’s life and make a difference in their recovery.
Share Contact Details
Share your contact details with the other party involved, including your name, phone number, email address, and insurance information. This information is essential for resolving any legal or medical issues arising from the accident. Remember to avoid discussing the accident in detail, as this could potentially harm your case in the event of legal proceedings.
Avoid Admitting Fault
Statements implying guilt can have legal repercussions. Stick to factual information and avoid making any confessions or apologies on the scene.
Capture the Scene
Take photos of the crosswalks, traffic signals, vehicle damages, and any relevant surroundings. These images can provide crucial context for insurance claims and legal proceedings.
Collect Witness Information
Witnesses can offer unbiased accounts of the incident. Gather their names and contact details to support your version of events.
Contact a Pedestrian Accident Lawyer
As a driver, it is important to take immediate action and seek the assistance of a pedestrian accident lawyer. These types of accidents can have serious consequences and legal implications, so you must have someone with expertise and experience to guide you through the process. Whether you’re at fault or not, contacting an injury lawyer can help provide clarity and ensure that your rights and responsibilities are properly addressed.
What Compensation Is Available After a Pedestrian Accident?
Victims of pedestrian accidents may be entitled to various forms of compensation. This includes coverage for medical expenses like hospital bills, medications, and rehabilitation. Compensation for lost wages due to injuries and damages for physical and emotional distress caused by the accident are also common. Understanding your entitlements ensures you obtain the full compensation you deserve. Pedestrian accidents can have life-changing consequences, but understanding your rights and taking the right steps can make all the difference. Seek medical attention, consult with a qualified pedestrian accident attorney, and take timely action to ensure you receive the compensation you deserve.
Medical Bills
One of the primary forms of compensation is for medical expenses. This includes immediate emergency care, ongoing treatments, rehabilitation, and any needed medical equipment. Proper documentation of these costs is vital for a successful claim.
Lost Wages
Pedestrian accidents can result in time off work, either temporarily or permanently. Compensation for lost wages covers the income you miss while recovering, ensuring you can maintain financial stability.
Pain and Suffering
Beyond physical injuries, pain and suffering account for the emotional and psychological impact of the accident. This form of compensation acknowledges the distress and reduced quality of life caused by the incident.
Emotional Distress
Accidents can have a profound emotional impact, leading to conditions like anxiety, depression, and PTSD. Compensation for emotional distress recognizes these effects and provides support for mental health treatment.
Wrongful Death Damages
Compensation for Families
In tragic cases where a pedestrian is killed, their family may be entitled to wrongful death damages. This includes compensation for funeral expenses, loss of companionship, and financial support the deceased would have provided.
Legal Process
Navigating a wrongful death claim requires legal expertise. Consulting with a wrongful death attorney can help families understand their rights and pursue justice for their lost loved ones.
Importance of Timely Action
There are statutes of limitations on wrongful death claims, making it crucial to act promptly. Early engagement with legal counsel ensures your case is filed within the required timeframe.
Protecting Your Rights After a Pedestrian Accident
After a pedestrian accident, the legal process involves several key steps. Initially, you will file a claim against the responsible party with the guidance of your attorney. Following this, gathering evidence such as medical records, witness statements, and accident reports is crucial. Subsequently, negotiations with insurance companies or opposing counsel will take place to reach a fair settlement. Understanding this process can alleviate stress and uncertainty post-accident. Understanding this process can help ease the stress and uncertainty following an accident.
Your Toledo Pedestrian Accident Lawyers
Pedestrian accidents can have life-changing consequences, but understanding your rights and taking the right steps can make all the difference. Seek medical attention, consult with a qualified attorney, and take timely action to ensure you receive the compensation you deserve. At Gallon, Takacs & Boissoneault, we are committed to helping you through every step of the process. If you or someone you know has been affected by a pedestrian accident, don’t hesitate to reach out. Our experienced team is here to support you and ensure that you receive the justice and compensation you deserve. Protect your rights and explore your options by consulting with a pedestrian accident lawyer in Toledo today. Your safety and well-being are our top priorities. Contact us now to get started.
Call Your Toledo Pedestrian Accident Lawyers at 419-843-6663 to get started, or use our easy online contact form today.
If you reside in or around any of the areas we serve in Ohio and Michigan – Maumee, Defiance, Fremont, Findlay, Lima, Mansfield, Toledo, and Monroe – and are searching for the best “pedestrian accident lawyer near me,” you can count on having the best lawyer for Pedestrian accidents from Gallon, Takacs & Boissoneault to represent you in a personal injury or wrongful death case. With a pedestrian accident lawyer in Toledo near you, help is just a phone call away.
