When a car accident occurs on a pedestrian crossing in Cincinnati, OH, everyone assumes the driver was at fault. Although this is often the case, there are a few situations when the pedestrian can share liability or even be the only one responsible for the accident.
The best way to assess liability for such an accident is to consult a Cincinnati pedestrian accident lawyer. Taking a closer look at the pedestrian laws in force in Ohio and seeing how they apply to the case at hand may help as well.
Accident Liability under Ohio Pedestrian Laws – Right of Way at a Pedestrian Crossing
Just the fact that the accident occurred on a pedestrian crossing is not enough evidence to deem the driver responsible. Other factors matter as well, and we will review the most important of them in the following lines.
1. Whether there were traffic control devices or police officers directing the traffic in the area and what they were indicating
According to Section 4511.12 of the Ohio Revised Code, all traffic participants have the obligation to comply with the signals of the traffic control devices. The signals of a police officer are even more important than traffic control device signals.
Under these circumstances, a pedestrian hit while on the crossing may be at fault for the accident if the traffic control device for the respective crossing was displaying the “Don’t Walk” signal, or if a police officer signaled them to stop.
2. Whether the pedestrian walked or ran into the path of the vehicle that hit them
According to Section 4511.46 of the Ohio Revised Code, pedestrians should never leave the curb or the safety area and walk or run into a vehicle’s path that is dangerously close to them. Even on the crossing, pedestrians should look out for approaching vehicles and only cross the street when they are sure the distance between them and the nearest vehicle is long enough to allow the driver to stop safely.
3. Whether the pedestrian was moving on the right or left side of the crossing
Ohio Revised Code Section 4511.49 dictates that pedestrians should use the right part of the crossings whenever possible. Thus, a pedestrian injured in an accident while on the left side of the crossing may share liability for their accident if the other party can prove that they could have but failed to use the right side of the crossing.
Indeed, using the right side of a crossing may help pedestrians avoid accidents. On the one hand, pedestrians would give cars coming from the left side more time to stop and, on the other hand, they would be easier to spot for the cars coming from their right.
4. Whether the pedestrian was intoxicated with drugs or alcohol
Although Ohio pedestrian laws do not prohibit the consumption of alcohol, Ohio Revised Code Section 451.481 does state that pedestrians under the influence of alcohol, drugs, or both should not walk or be upon highways.
Even if the accident did not occur on a highway, an experienced Cincinnati pedestrian accident lawyer may be able to show that the intoxicated pedestrian was partly or totally at fault for the accident (they were so intoxicated that they fell in front of the car, they offered right of way to the driver and then jumped in front of their car, they did not see and follow the signals of the traffic control devices in the area, etc.
The list could continue, but the above scenarios should be enough to prove that, even when the accident occurs on a pedestrian crossing, the pedestrian can be found at least partly liable for any resulting injuries and damages.
Since Ohio is an “at-fault” state (the party at fault, or their insurer if applicable, pays for all the damages and injuries they caused), the parties involved in an accident will always try to blame one another in order to escape liability and avoid paying huge compensations. To avoid liability and receive fair compensation, pedestrians should seek the advice of an experienced pedestrian injury lawyer in Cincinnati.
Discover Ohio Pedestrian Laws and Get Help with Your Cincinnati Pedestrian Accident Case Now!
If you were the victim of a pedestrian crossing accident in Cincinnati, OH, contact Chester Law Group now at 833-216-1733 and schedule a consultation with an experienced and dedicated pedestrian accident lawyer. They will explain the pedestrian laws to you, help you build a solid case, and get you a consistent compensation!