In addition to people inside other motor vehicles, drivers on public roads also have a duty to act reasonably around bicyclists and pedestrians. Unfortunately, since the latter do not generally wear protective equipment, they often have a greater risk of sustaining severe, life-threatening trauma than those inside a motor vehicle in a crash.
Recovering fully from the effects of a pedestrian accident can be extremely challenging without guidance from a dedicated injury attorney who has handled similar cases in the past. By retaining an experienced Lakewood pedestrian accident lawyer, you can substantially improve your odds of holding the driver who hit you financially liable for your ensuing losses.
Establishing Liability in a Pedestrian Crash
Motor vehicle drivers hold a duty of care toward everyone else around them, which essentially means all are required by law to act as reasonably and safely as possible under the circumstances they encounter on the road. A driver who acts recklessly or carelessly behind the wheel has breached his or her duty of care. If that breach is the cause of an accident that results in a pedestrian’s injuries, the driver may be considered legally negligent—and the injured party may have grounds to file suit against him or her.
An injured pedestrian who successfully proves someone else is liable for his or her accident may demand restitution for all economic and non-economic repercussions that incident caused, including:
- Medical bills
- Present and future lost work income
- Physical pain
- Emotional anguish
- Consequences of permanent disability or disfigurement
An experienced Lakewood attorney can explain damages that might be recoverable in an individual’s pedestrian accident case during a private consultation.
How Comparative Fault Can Inhibit Financial Recovery
Because pedestrians almost always suffer more severe injuries and losses in these collisions than the drivers who hit them, it may seem logical to assume that negligent drivers are always 100 percent to blame for the incidents. However, it is important to understand that this is not the case in every situation. There are various ways an injured pedestrian may bear partial or even primary liability for his or her own injuries.
For example, a person who was struck by a speeding vehicle while crossing the street outside of a crosswalk might be found 20 percent at fault for his or her injuries. In this situation, the pedestrian would be able to recover only for 80 percent of his or her total damages under Ohio Revised Code §2315.33.
Furthermore, this system bars any injured pedestrian who bears more than 50 percent of the total fault for his or her accident from recovering any compensation at all. Help from a hardworking lawyer in Lakewood can be crucial when it comes to effectively contesting accusations of contributory negligence in a pedestrian wreck.
Get in Touch with a Lakewood Pedestrian Accident Attorney Today
Pedestrian accidents cause thousands of severe injuries and result in millions of dollars in monetary and personal losses every year. Unfortunately, recovering for the full value of damages sustained in an incident like this can be complex for numerous reasons, many of which stem from how state law governs cases of this nature.
A Lakewood pedestrian accident lawyer’s assistance may make the difference in how your case progresses and what kind of restitution you can ultimately obtain. Learn more by calling Tittle & Perlmuter today.
