Pedestrian Accident Attorneys in Lebanon and all of Southwestern Ohio

Pedestrian accidents are tragically common occurrences that can result in severe injuries or even fatalities. In Ohio, the streets and roads of our cities and towns can pose significant risks to those traveling on foot. Understanding the laws, potential claims, and necessary legal actions is crucial for victims and their families.  

In Ohio, determining liability in pedestrian accidents revolves around identifying fault. Our legal team at Diehl & Hubbell, LLC knows the extent of the emotional and physical turmoil you are facing. We proudly help clients around Southwestern Ohio. 

Pedestrian Laws to Consider in Ohio 

As a driver or pedestrian, there are many laws to be aware of before and after an accident, including:  

1. Crosswalks and Traffic Signals: Pedestrians have the right-of-way at crosswalks, especially when traffic signals are present. Drivers must yield to pedestrians crossing legally within these designated areas. If a pedestrian crosses against a signal, they may share liability. 

2. Duty of Care: Both drivers and pedestrians have a duty of care to follow traffic laws and act responsibly. For example, if a pedestrian suddenly darts into traffic, they may be found partially liable for the accident. 

3. Comparative Negligence: Ohio follows a comparative negligence system. This means that if both the pedestrian and the driver are found to be at fault, the liability is divided based on the percentage of fault assigned to each party. A pedestrian's compensation may be reduced by their percentage of fault. 

4. Alcohol and Drugs: If either party is under the influence of alcohol or drugs, it can significantly impact the determination of fault. Impairment can lead to reckless behavior, increasing the likelihood of being held liable. 

5. Documentation and Evidence: Police reports, witness statements, traffic camera footage, and other evidence play a crucial role in establishing fault. Accurate documentation can support or contest claims of liability. 

Contact a personal injury legal representative to analyze your specific situation and craft a strong defense to get the compensation you deserve.  

Factors Affecting Liability

Several factors can influence the determination of liability in a pedestrian accident: 

• Driver Negligence: Speeding, distracted driving, driving under the influence, and failing to yield are common causes attributed to driver fault. 

• Pedestrian Conduct: Jaywalking, crossing against signals, or suddenly leaving a curb can contribute to the pedestrian's fault. 

• Environmental Conditions: Poorly marked crosswalks, bad weather, and inadequate lighting can complicate the determination of fault. 

Our legal team at Diehl & Hubbell, LLC has the resources to discover your options and take the best course of action.  

Common Injuries in Pedestrian Accidents

Because pedestrians are unprotected by any physical barriers during a collision, the injuries they sustain can be particularly severe and life-altering. Common injuries include: 

• Traumatic brain injuries (TBIs): These occur when a pedestrian's head strikes a hard surface such as the pavement or the vehicle. TBIs can range from mild concussions to severe brain damage, leading to long-term cognitive, physical, and emotional impairments. 

• Spinal cord injuries: When the spine is subjected to a high-impact force, it can result in partial or complete paralysis. The severity of spinal cord injuries depends on the location and extent of the damage, potentially affecting mobility and sensation below the point of injury. 

• Fractures and broken bones: The force of the collision can cause bones to break or fracture. Commonly affected areas include the legs, arms, pelvis, and ribs. These injuries often require extensive medical treatment, including surgery and rehabilitation. 

• Internal injuries: The impact of a vehicle can cause internal bleeding and damage to vital organs such as the liver, spleen, or kidneys. These injuries are not always immediately apparent but can be life-threatening if not promptly treated. 

• Lacerations and abrasions: Cuts and scrapes occur when a pedestrian's skin comes into contact with rough surfaces or debris during the accident. While some may be superficial, deeper lacerations can lead to significant blood loss and require stitches. 

Understanding the severity and variety of these injuries is crucial for providing appropriate medical care and support to pedestrians involved in accidents. 

Legal Rights of Pedestrian Accident Victims

Pedestrians who are injured in accidents caused by another person's negligence have the right to pursue compensation. Ohio law allows victims to seek damages that can cover various aspects of their recovery. 

Victims of pedestrian accidents may be entitled to several types of compensation, including: 

• Medical expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and long-term care. 

• Lost wages: Compensation for income lost due to inability to work during recovery. 

• Pain and suffering: Monetary compensation for physical pain and emotional distress. 

• Property damage: Costs to repair or replace personal belongings damaged in the accident. 

Ohio's Comparative Fault Rule

It's important to understand Ohio's "comparative fault" system in the context of pedestrian accidents. This rule implies that fault can be distributed among multiple parties, including the pedestrian. The compensation a victim can receive is reduced by the percentage of their fault. 

Consider a scenario where a pedestrian is found to be 20% at fault for jaywalking while the driver is 80% at fault for speeding. If the total compensation awarded is $100,000, the pedestrian would receive $80,000, reflecting their 20% share of the fault. 

Statute of Limitations for Filing Claims

Time is of the essence when filing a pedestrian accident claim in Ohio. The state imposes a statute of limitations on personal injury claims, which is generally two years from the date of the accident. Failing to file within this period can result in the forfeiture of the right to seek compensation. 

Steps to Take After a Pedestrian Accident

If you or a loved one is involved in a pedestrian accident, taking specific steps can help protect your rights and build a strong case for compensation. These include:  

• Seeking medical attention: Prioritize getting the necessary medical treatment for your injuries. 

• Documenting the scene: If possible, take photographs of the accident scene, your injuries, and any relevant details. 

• Collecting information: Gather contact details of witnesses and the other party involved. 

• Reporting the accident: File a police report to officially document the incident. 

• Consulting an attorney: Contact an experienced pedestrian accident attorney to discuss your case. 

Why Choose Diehl & Hubbell, LLC?

At Diehl & Hubbell, LLC, we have a proven track record of helping victims of pedestrian accidents in Ohio. Our dedicated legal team will work diligently to advocate for your rights and secure the compensation you deserve. Contact us today to schedule a consultation and learn more about how we can assist you in your time of need.