Common Causes of Pedestrian Accidents
What Causes Accidents Involving Pedestrians?
There are times that nobody is at fault for an accident. However, in times that the accident occurred because of a negligent driver, an attorney can help an injured person determine whether his or her claim is eligible for potential compensation.
Negligence in Crosswalk Collisions
If a motorist hits into and injures a pedestrian, the courts will ultimately determine whether the motorist was driving negligently. Motorists are expected to drive safely to ensure the well-being of others on the road. If he or she drives recklessly, the threshold for negligence could be met, making the driver liable for the injured person’s losses.
Damages Available to an Injured Pedestrian
State law awards compensatory damages to injured plaintiffs, which are divided into two components: economic and non-economic. Economic damages include monetary costs, including medical bills, rehabilitation costs, lost wages, and the replacement of damaged property.
Conversely, non-economic damages estimate what a plaintiff loses that cannot be objectively calculated. Instead, the courts put a price on a plaintiff’s pain and suffering, including disfigurement, loss of the enjoyment of life, and future lost wages. An experienced local attorney can help the claimant calculate his or her losses to present in an injury claim to the court.
Ohio sometimes awards punitive or exemplary damages when a motorist injures a pedestrian with wanton disregard or malicious intention. Punitive damages are intended specifically to punish the perpetrator beyond compensating pedestrians for the plaintiff’s losses.
Statute of Limitations in Ohio
Ohio Revised Code Section 2305.10 provides a statute of limitations in bodily injury claims allowing an individual two years from the date of the accident to file a claim. The law does provide rare exceptions. For instance, if the injured pedestrian is suing the automobile manufacture for product liability because the motorist’s brakes malfunctioned, the statute allows the suit to proceed up to ten years after the car entered the stream of commerce. Regardless, however, a claimant should seek legal representation as soon as possible after an accident to help ensure his or her claim is addressed in a timely manner.
A Knowledgeable Attorney Can Review the Cause of Your Pedestrian Accident
Not all pedestrian collisions are due to the recklessness of a motorist, but when it is, individuals should not hesitate to reach out for legal assistance. If you were injured by a negligent driver, you deserve as much compensation as possible to combat the physical and financial situation a reckless driver put you in.
A lawyer with experience filing claims for the common causes of pedestrian accidents in Sandusky and more is standing by to assist you. Call Tittle & Perlmuter today to schedule your initial consultation.