What You Need to Know About Pedestrian Accident Claims in Ohio
Being able to walk where you need to go, whether that’s to work or the grocery store, is a major benefit of living in the city. It allows you to save money on vehicle expenses and helps lower the amount of emissions and other threats to the environment. However, it does leave you vulnerable and exposed to the vehicles on the road. Cuyahoga County has one of the highest rates of pedestrian accidents in the state, and hundreds of people are injured and even killed across Ohio in pedestrian accidents every year. If you’ve suffered injuries as a result of a negligent driver who wasn’t paying attention, you may be able to file a claim for compensation.
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Your Rights as a Pedestrian Accident Victim
When you’ve been injured in an accident, you have certain rights when it comes to getting compensation for your injuries and pain and suffering. First, you have the right to file a lawsuit against the at-fault party. Insurance companies will often try to get you to accept a lowball settlement offer or may try to get you to admit fault to be able to avoid paying the claim entirely. It’s important that you understand that these companies are out to protect themselves and that they do not have your best interests in mind.
You also have the right to be represented by an attorney, and it’s critical that you exercise this right. When you’re dealing with complex personal injury cases and trying to communicate with insurance companies, it can be difficult to focus on what really matters: your healing and recovery. When you work with the legal team at HMW Law, our attorneys can take this burden, reducing your stress and giving you the peace of mind that we’re looking out for your interests.
Elements of a Pedestrian Accident Lawsuit
When you are pursuing a personal injury lawsuit against another party, there are four key elements that you must prove in court to win your case:
- The defendant owed you a duty of care. In situations involving car accidents, this is relatively simple to prove because the driver always has a duty of care to others on the road or surrounding areas — whether that’s motorists, cyclists, or pedestrians
- The defendant breached the duty of care through negligence. This means that you need to show that the defendant acted — or didn’t act in some way — that violated the duty of care. Common examples include driving while intoxicated, driving while distracted, speeding, or not obeying traffic signals
- The breach of duty caused the accident. It’s common for accidents to have multiple contributing factors, so this is often the most difficult part of proving your case
- You suffered damages as a result of the breach of duty. It’s not enough for the person to have been negligent in their actions or to have caused an accident. There must be some damages, such as medical expenses related to your injuries
Our attorneys can walk you through each of these elements to ensure you understand what to expect with your case and what evidence will be necessary to prove your claim.
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How Compensation Is Determined in Pedestrian Accidents
Victims in Ohio can sue the at-fault party for financial damages, which include things like medical bills and lost income, and noneconomic damages, which include pain and suffering. The amount of potential compensation depends on the individual cases, and it’s common for awards to vary quite widely. In general, the more serious your injuries or the higher the total amount of your damages, the more money you could get.
Ohio is a comparative negligence state, which means that the amount of compensation you are awarded can be affected by whether you were partially at fault. In general, your award is reduced by a percentage that corresponds to how much you contributed to the accident. As long as you were less than 50 percent at fault, you can receive compensation through a personal injury lawsuit for a pedestrian accident.
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How to File a Claim for Compensation Related to Your Injuries and Damages
To file a claim for compensation, you will need to sue the at-fault party through the civil court system in Cuyahoga County. The first step in this process is to meet with an attorney who can review your case and help you understand the path forward. Once you hire a legal team, they can take care of all of the paperwork for you, and they will start investigating the accident to uncover any evidence that could impact your case.
It’s important to keep in mind that you only have two years to file a personal injury lawsuit, according to the statute of limitations in Ohio. While it’s best not to wait until the last minute, it’s just as important not to file too early. It’s common for victims to underestimate how much their total financial losses will be in the early stages, and you want to ensure you know what the future impact on your earning potential and quality of life will be. An attorney can help you decide when is the right time to file.
When you work with the team at HMW Law, you get dedicated personal injury attorneys who are ready to fight for you. If you’ve been injured in a pedestrian accident in Cleveland or the surrounding area, call our office at 216-369-1352 to schedule your free consultation.
Call or text 216-774-0000 or complete a Free Case Evaluation form