An unprotected human body is no match for a speeding truck or automobile. The result of pedestrian accidents is most often a serious injury and, in the worst cases, death. In Ohio, drivers have a duty to observe pedestrians and exercise reasonable care to avoid hitting them with their automobile. Many times, pedestrian accidents occur due to drivers talking on cellular phones, driving while intoxicated, speeding, disobeying traffic signals, and failing to yield at cross walks. Children are even more susceptible to being struck by a car since they are smaller and thus more difficult to see. Additionally, children are often unaware of the traffic laws. Consequentially, the law imposes a higher duty of care upon drivers when children are at issue. At the Brannon Law Firm, we know the rights applicable to pedestrians and work hard to hold drivers responsible when they fail to follow the rules of the road.
The ability to seek a recovery in the case of a pedestrian accident often depends upon the duty of care owed by both the driver and the pedestrian. While fault is sometimes obvious, we have found that police officers who investigate pedestrian accident scenes are not properly trained in assessing who was negligent and may wrongfully find the pedestrian at fault. In other circumstances, both the driver and pedestrian may be at fault, leaving complicated legal issues of comparative negligence. Depending on the extent that the pedestrian is also liable for the accident, the amount the pedestrian can recover may be limited. The outcome of each case depends on a careful analysis of the facts.
An experienced Dayton personal injury attorney can help sort out who was at fault in pedestrian accidents and determine whether you may be entitled to compensation for your injuries. Victims of pedestrian accidents are generally entitled to compensation for past and future medical expenses, pain and suffering, lost wages, lost earning capacity and loss of consortium. We have seen first-hand the dramatic impact a serious injury can have on a person and their family. Having an experienced accident attorney will help maximize your recovery. If you or a loved one has been seriously injured in a pedestrian accident, the Brannon Law Firm may be able to help. Call our offices today for a free consultation.