I have lived in Ohio for over 30 years and I can tell you that springtime is a welcomed season! After a long, grueling, cold winter, it’s nice to get out and enjoy the sunshine. However, spring also brings a heavy increase in pedestrian activity.
More pedestrians sharing our streets with motor vehicles can often lead to dangerous situations if drivers and pedestrians do not pay attention.
Ohio lawmakers and police have been working diligently to make streets safer for both pedestrians and drivers, but the only way to truly decrease pedestrian accidents is to stay alert.
What happens if a pedestrian is injured by a motor vehicle? What are the pedestrian’s rights in pursuing a motor vehicle accident claim?
Pedestrians have a right to pursue an at-fault driver’s insurance company in the case of physical injury.
Pedestrian claims use the same process as a car accident claim. If you were injured in a pedestrian accident, you should follow the same steps of a motor vehicle accident.
However, there are additional factors that play into your claim as a pedestrian. Here are some things an insurance company will look at:
- The accident report: in the case of a pedestrian-vehicle accident, a police report will play an important role in your claim. Police statements as well as any witness statements will help decide who was at fault in the accident.
- In or out of a crosswalk: if you were a pedestrian within a marked crosswalk and were hit by a vehicle, it is very likely the driver will be at fault; however, the accident report will look at multiple factors (i.e. crosswalk light, alcohol involvement, visible obstructions, etc.).
- Physical injuries: if you sustained injuries resulting directly from the accident, the medical treatment bills and records will be examined through your claim.
- Insurance liability: if you were a pedestrian hit by the at-fault driver, the driver has insurance, and insurance accepts liability for their insured, you may set up a claim with the insurance provider.
- *Property damage (bicyclists): if you were hit by a vehicle on a bicycle and there was damage to the bike, you may be able to gain compensation for repairs or replacement.
In some instances, the at-fault driver may not be insured, have minimum liability, or insurance may have lapsed. It is illegal to not carry insurance but, as an attorney for many years, it can happen.
What can you do if the at-fault driver does not carry insurance?
If the at-fault driver does not have car insurance coverage and you have your own coverage, you may be able to pursue a claim through Uninsured Motorist Coverage if you have it.
Considering legal representation will make the process easier and less stressful. It will take an experienced attorney to demonstrate the at-fault party’s negligence resulting in the victim’s injuries.
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (800) 556-4769.