According to the Ohio Highway Patrol and WTAP news, a Marietta resident was struck and killed in a vehicle vs. pedestrian accident in early October. The pedestrian, who was 71, was hit by a car while trying to cross State Route 7 near Sand Hill Road in Reno, Ohio. He was wearing dark clothing and failed to cross at an intersection. According to the Highway Patrol, alcohol was not a factor.
This tragic accident is a reminder that drivers may not always be at fault in pedestrian accidents. Here’s what you need to know when you’re involved in a vehicle vs. pedestrian collision.
Negligence and pedestrian accidents
Whether you’re in a car or walking down the street, everyone on the road has a duty to refrain from taking unnecessary risks and harming other people. Most pedestrian and vehicle accident cases are litigated under a theory of negligence.
To prove someone was negligent—whether a pedestrian or driver—a plaintiff must prove four elements:
- The defendant had a duty to follow laws and avoid harming others on the road;
- The defendant failed to meet that duty;
- The defendant’s breach of duty caused the plaintiff’s injuries; and
- The plaintiff suffered actual harm as a result.
In this case, both the driver and pedestrian had a clear duty to follow the rules of the road. There’s nothing in the article to indicate that the driver breached this duty.
However, Ohio Revised Code Section 4511.48 states, “Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles, trackless trolleys, or streetcars upon the roadway.” If the pedestrian in this case failed to yield to vehicles, and the driver suffered actual harm as a result, the pedestrian could be deemed at fault.
Personal injury damages in pedestrian vs. vehicle accidents
If you’ve been involved in a pedestrian vs. vehicle accident, you may be entitled to recover compensation from the negligent party. Your damages may include medical expenses, property damage, lost wages, pain and suffering, loss of enjoyment of life and more.
The best way to determine your legal options is to call the Law Offices of Tim Misny. We’ll schedule a consultation to review your claim and explain the process. If you have a case, we’ll fight to ensure you recover appropriate damages.
Talk to an Ohio pedestrian accident lawyer today
The Law Offices of Tim Misny can help you with your pedestrian accident case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.