Pedestrian accidents can be some of the most devastating roadway incidents as they may result in fatal injuries. This is because pedestrians have no protection between them and motor vehicles in the event of a severe collision. When a reckless motorist hits someone with their car, this person may be entitled to financial damages.
If you suffered injuries because of a negligent driver, an Elyria pedestrian accident lawyer could help you assert your claim for damages. The personal injury attorneys at Tittle & Perlmuter could help you recover for both your economic and emotional losses and while protecting your legal rights throughout the claims process.
What Happens in Pedestrian Accident Cases?
Pedestrian accidents may occur when a motorist drives recklessly driving or fails to obey traffic laws. These incidents most frequently occur in school zones, at intersections, parking lots, or at street crossings, but may take place in a variety of other settings. Drunk driving also commonly leads to pedestrian injuries and fatalities in the event of a collision.
Given how vulnerable pedestrians can be to serious injuries if involved in an accident, these collisions may result in significant harm. Common injuries in these cases may include concussions, spinal cord or brain damage, internal bleeding, organ damage, nerve damage, contusions, and lacerations.
Proving Driver Negligence
Most pedestrian crashes are filed based on negligence. To establish liability in an Elyria pedestrian accident case, an attorney must provide evidence for the various elements of negligence. These include:
- The defendant owed a legal duty of care to the injured individual to prevent reasonably foreseeable harm
- The defendant defaulted on their legal duty of care
- The defendant violation of their legal duty of care resulted in the claimant’s injuries
- The claimant’s injuries caused them to suffer damages
All motorists owe a duty of care to follow all traffic laws and avoid all behavior that may put others at risk of harm. Drivers owe this legal obligation to all individuals on the road, including pedestrians.
Comparative Negligence in Elyria Pedestrian Accident Cases
The modified comparative negligence doctrine allows injured claimants to recover damages even if they were partially at fault for their injuries. Ohio Revised Code § 2315.33 establishes that an injured party may still receive compensation, minus their percentage of blame, when their degree of fault is 50 percent or less.
Any percentage of fault assigned that exceeds 50 percent would bar compensation, however. For instance, if a person ran out into the street when they did not have the walk signal, the court may find them partially at-fault. An injured party should discuss their potential pedestrian accident claim with our Elyria attorneys, who could determine if the court may find them partially at fault.
Talk to Our Elyria Pedestrian Accident Attorneys
With the tireless support of our Elyria pedestrian accident lawyers, you could secure the compensation you need to get your life back on track. You may qualify for damages that cover the economic, physical, and emotional losses you have endured. Our team could work unceasingly to construct a compelling claim on your behalf. Call Tittle & Perlmuter today to get started on your case.
