Pedestrian-car accidents are a significant problem on American roads. In 2019 alone, 6,205 pedestrians died in traffic accidents in the United States. Interestingly, when many people learn that a pedestrian was involved in an Ohio car accident, they immediately think that the vehicle driver caused the collision. However, motor vehicle drivers aren’t always the cause of such accidents.
The reality is that many times, pedestrians are responsible for car accidents in Ohio. Unfortunately, knowing when a road-walker is at fault is challenging. So, it would be best to hire Ohio car accident attorneys if you get in a crash with a pedestrian.
Can a Pedestrian Be Liable for an Ohio Car Accident?
Yes, a pedestrian can be at fault in a car crash. Road-walkers can be just as negligent as drivers or truckers. Consequently, where a pedestrian causes a collision, they will bear legal liability. It’d be unreasonable if the innocent driver alone suffered the losses from the crash. So, it’s noteworthy that a pedestrian can be responsible for an accident in the following cases.
Jaywalking refers to the act of crossing roads or streets outside of designated areas or crosswalks. Sometimes, pedestrians ignore road-crossing aids placed by the state and cross at irregular points. In such cases, the pedestrian would be responsible for any collision that occurs.
Imagine a fellow walking home after a long night of drinking alcohol. Now, imagine that person darting into the road and obstructing a moving car. In addition, picture a scenario where the pedestrian lays down and passes out on the road. Where such a pedestrian is under the influence of drugs or alcohol, the law will hold them liable for their actions.
Just like distracted driving, distracted walking is a significant cause of pedestrian-involved car accidents. Indeed, drivers should drive carefully. However, the pedestrian must also take reasonable steps for their protection. Proper care here would include concentration while working. There are many instances where a person could walk on the road distracted, including:
- Pedestrians walking with earphones playing loud music in their ears
- Walking and texting
- Walking and talking to other pedestrians and not paying attention to the road ahead
Disobeying Traffic Laws and Signs
Even pedestrians have traffic laws to obey. Furthermore, they must respect the traffic signs on the road. For instance, when the light turns red is the best time to cross the street for walkers. Therefore, if a pedestrian carelessly waits until the light turns back green before crossing the road, they will be responsible for any resulting accident.
Ohio’s Modified Comparative Fault Theory
Indeed, in all the instances above, a pedestrian can be legally responsible for car crashes. However, in some cases, both the driver and pedestrian will be accountable. For example, such a mixed fault includes where a driver was over-speeding and couldn’t brake fast enough to avoid pedestrians texting and walking.
In Ohio, the damages a plaintiff can receive are reduced by their contribution to the accident. For instance, if the fault is between the pedestrian and driver 80:20, the car owner can only recover the percentage of losses that weren’t their fault (80%). However, where the plaintiff’s degree of responsibility reaches 51% and above, they’ll lose their right to damages.
Can I Sue a Pedestrian for an Ohio Car Accident?
In principle, yes, you can sue a pedestrian for a car accident. However, this accident-type presents peculiar issues. This challenge is because if the fault party had a car, you could proceed against their insurer. However, a pedestrian lacks motor vehicle insurance. Therefore, it’ll be difficult to recover damages from them.
Consequently, your only option may be to file a personal lawsuit against the fault pedestrian. However, this option depends on the availability of the pedestrian’s personal assets to offset a judgment. Finally, you may have the right to file a claim with your insurance company, depending on your policy.
Ohio Car Accident Lawyers Can Help You!
Have you survived a car accident a pedestrian caused? Did the collision involve another vehicle? In both cases, you can recover compensation from the fault party. However, you’ll need excellent Ohio car accident attorneys. Pedestrian-involved collisions are more technical than ordinary car accidents.
Therefore, you’ll need experienced attorneys to evaluate the evidence and determine fault. Our lawyers have spent their lives getting justice for Ohio car accident victims. In the process, we have encountered multiple unique crash types. This is the diversity of experience your case will benefit from if you hire our legal services. So, why not call us today for a free consultation on your case?