A Columbus woman was killed crossing a four lane street in South Linden, Ohio early December, reported the Columbus Dispatch. The accident happened around 3pm near the corner of Cleveland and Cordell avenues. Police say the woman was crossing the street where there was no crosswalk and was pronounced dead on the scene. If you were injured or lost a loved one in a drunk driving accident contact a Columbus car accident attorney today.
The area where the woman was stuck apparently had no visible crosswalks even though it is close to a high school. In July another woman was struck by a car while crossing the street near this same intersection, receiving serious injuries including a skull fracture. Local residents have complained to the media about the difficulties crossing in this area and how the cars usually do not slow down for pedestrians.
Determining Fault for a Pedestrian and Car Accident
Ohio is a comparative fault state for insurance and tort litigation purposes, which means that when assigning damages the fault of both parties are determined. The party with the least amount of the fault is usually awarded damages reduced by the proportion of the fault for which they were responsible.
In most pedestrian and car accidents, the driver usually holds most of the fault, as at most times, the pedestrian has the right of way. But this is not always the case. Under certain situations, the pedestrian puts themselves at risk crossing the street, which holds them responsible for part of the fault.
These situations can include:
- Jaywalking, crossing in the middle of the street and crossing outside of a designated crosswalk.
- Crossing against the traffic signal. This includes situations where a pedestrian crosses at a “Do not walk” signal or while the cars’ signal is green.
- Crossing the street or walking in the road while intoxicated.
- Walking along some highways, bridges, or causeways where pedestrian access is not allowed by law.
While under these scenarios the pedestrian will probably be found partially at fault, it does not mean they do not share the blame with the driver. It also does not necessarily mean that the pedestrian does not have grounds to file an insurance claim or lawsuit against the driver. All that needs to be proven is that the driver was more than 50 percent at fault for the accident.
In the case above, the woman was not crossing the street at a crosswalk, and may hold partial responsibility for the accident as such. Her family may be able to win a wrongful death suit depending on various factors such as how fast the driver was going, whether or not the driver was attentive at the wheel and various other factors.
Contact a Columbus Car Accident Attorney Today
If you were injured or lost a loved one in a car accident in Columbus or Toledo, Ohio, the Ohio Car Accident Lawyers is here to help you get through it. Whether you require assistance negotiating with insurance companies, litigating against other drivers or just general legal consultation on personal injury matters, our attorneys can advocate for you. Call us today to schedule your free case consultation.
