The Answer Might Surprise You
Most people assume drivers are always at fault when they hit a pedestrian. While drivers are often negligent, fault in pedestrian accidents isn’t always clear-cut. Understanding how liability is determined can make or break your personal injury claim.
The truth is that Ohio follows a comparative negligence rule. This means fault can be shared between the driver and the pedestrian. If you’re found partially responsible for the accident, your compensation gets reduced by your percentage of fault. That’s why insurance companies will do everything possible to shift blame onto you—even when the driver was clearly negligent.
How Drivers Try to Avoid Responsibility
After a pedestrian accident, the driver’s insurance company will investigate aggressively to find reasons to blame you. They’ll claim you weren’t in a crosswalk, that you were distracted by your phone, or that you were wearing dark clothing at night. They’ll scrutinize every detail to reduce their payout or deny your claim entirely.
Common tactics include:
- Arguing you jaywalked or crossed against the signal
- Claiming you stepped into traffic suddenly
- Suggesting you were intoxicated or distracted
- Using your social media posts against you
- Pressuring you into recorded statements that hurt your case
Don’t fall for it. Even if you made a minor mistake, that doesn’t eliminate the driver’s legal obligation to exercise reasonable care.
When Pedestrians Share Fault
There are legitimate situations where a pedestrian’s actions contribute to an accident. Crossing outside designated areas, ignoring traffic signals, or walking on highways can reduce your recovery. But sharing some fault doesn’t mean you have no case. If the driver was speeding, distracted, or impaired, they bear significant responsibility regardless of where you were walking.
Protecting Your Right to Compensation
Insurance adjusters are trained negotiators who protect their company’s bottom line, not your interests. Without legal representation, you’re at a severe disadvantage. An experienced attorney will investigate the accident thoroughly, gather evidence proving the driver’s negligence, and counter any attempts to blame you unfairly.
Don’t Let Them Shift the Blame
Pedestrian accidents involve complex liability questions that require immediate legal action. The insurance company is already building a case against you—you need someone fighting for your rights.
The Law Offices of Tim Misny can help you with your pedestrian accident claim. When the insurance company tries to blame you for someone else’s negligence, I’ll Make Them Pay!® Call my office at (877) 944-4373 so I can evaluate your case right away.
