Pedestrian Accidents Kill Thousands Each Year
It’s a beautiful day, and you’re out walking or maybe taking your daily run. But this day is different. While in a crosswalk, a car hits you. Or while running in your neighborhood, a large tree branch cracks in the wind and falls on you. Maybe you’re strolling on a neighborhood sidewalk in need of repair, trip and fall, and break an ankle. Or you might be on a downtown sidewalk while passing a building construction site as a small object falls several floors, hits you and injures you seriously. What do all of these seemingly different accident scenarios have in common? It’s quite possible that another party’s negligence led to the mishap, is liable for your damages and owes you compensation. One key difference is the circumstances that led to your injury, which affects how you are compensated.
If you or a family member is injured as a pedestrian, the Ohio pedestrian accident lawyers at Gallon, Takacs & Boissoneault can hold the negligent party accountable. We strive to recover the maximum compensation you are allowed under the law for losses such as medical bills, lost wages, and pain and suffering.
According to the National Highway Traffic Safety Association (NHTSA), in 2012, more than 75,000 pedestrians were injured by motor vehicles, mostly when trying to cross a street or highway. In such cases, both the pedestrian and driver have a legal obligation to walk and drive responsibly. When pedestrians do and drivers don’t, the vehicle operator violated their legal duty, usually through negligence and likely owes the injured pedestrian monetary damages.
Children younger than age 10 are legally viewed as being at a much greater risk of being injured by a motor vehicle as pedestrians. They’re smaller and harder to see, and their actions are less predictable than adults. This is why drivers generally have a higher duty of care when it comes to young pedestrians. Their mere presence – or the possibility that they are near – is reason enough for all drivers to be on their guard, particularly around parks and residential neighborhoods, schools, and school buses loading and off-loading children. Motorists must observe the special traffic laws governing school zones and stopped school buses.
Pedestrian Accidents and Premises Law
The other examples mentioned at the beginning of this article involve injury accidents where victims seek compensation through premises liability law. Property owners and renters are legally liable for accidents and injuries that occur on their property, including sidewalks, parking lots, and driveways. They must remove the risks posed by any objects that could be in the pedestrian’s way or that might fall on them as they stroll on the sidewalk. Owners and legal occupants of residential and commercial property must maintain all areas of their premises and work with “reasonable care” to prevent any potential dangers that could injure others.
So if, for example, a downtown pedestrian is hit by a falling object from a building under construction, the negligent party could be the owner of the property, the general contractor or a subcontractor. An investigation done by an Ohio pedestrian accident lawyer should identify this liable party, then the attorney will file a claim for damages with their insurance company, though this is an oversimplification of the process. Slip-and-fall accidents on a commercial parking lot could find the owner or management company of the property liable for monetary damages. The same holds true for a homeowner’s driveway or sidewalk.
Please call 419-843-6663 or contact us online to schedule a free consultation with an Ohio pedestrian accident attorney.