Pedestrian accidents can be devastating, causing serious physical and emotional trauma. If you were injured in a pedestrian accident in Ohio, you may be wondering if you are eligible to file a personal injury lawsuit. This article will explore the legal options available to you as an injured pedestrian in Ohio.
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Pedestrian Accidents In Ohio
Pedestrian accidents in Ohio can occur in a variety of ways, including:
- A car hitting a pedestrian in a crosswalk
- A car hitting a pedestrian while turning at an intersection
- A car hitting a pedestrian while backing up or entering/exiting a driveway
- A car hitting a pedestrian while they are walking on the side of the road or in a parking lot
In Ohio, the driver of a vehicle always has a legal duty to operate the vehicle in a reasonably safe manner. When a driver fails to meet this standard of care and causes an accident that injures a pedestrian, they can be held liable for the damages.
Establishing Negligence
To file a personal injury lawsuit for a pedestrian accident in Ohio, you must first establish negligence. This means proving that the driver was at fault and caused the accident due to their negligence or carelessness. Ohio follows a comparative negligence system, which means that fault can be apportioned between the driver and the pedestrian.
Negligence in a pedestrian accident can include:
- Speeding or reckless driving
- Failing to yield to a pedestrian in a crosswalk
- Distracted driving (e.g. using a phone while driving)
- Driving under the influence of drugs or alcohol
It is important to promptly gather evidence after a pedestrian accident, including witness statements, photographs of the accident scene, and medical records. This evidence can help establish negligence and prove the damages you have suffered.
Filing a Personal Injury Lawsuit
If you have been injured in a pedestrian accident in Ohio, you may be eligible to file a personal injury lawsuit against the at-fault driver. A personal injury lawsuit seeks compensation for damages such as medical bills, lost wages, and pain and suffering. In Ohio, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident.
To file a personal injury lawsuit, you will need to:
- Hire an experienced personal injury attorney
- Draft and file a complaint with the court
- Serve the complaint on the at-fault driver
- Participate in discovery (the exchange of information and evidence) with the other parties
- Attend mediation or settlement conferences (if necessary)
- Attend a trial (if the case goes to court)
Navigating the legal system can be complex, especially if you are dealing with physical injuries and emotional trauma. Hiring a personal injury attorney can help you navigate the process and protect your rights.
Conclusion
If you have been injured in a pedestrian accident in Ohio, you may have legal options to seek compensation for your damages. To file a personal injury lawsuit, you will need to establish negligence and work with an experienced attorney to navigate the legal system. By taking proactive steps and seeking legal guidance, you can protect your rights as an injured pedestrian and seek the compensation you deserve.