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Legal Responsibilities and Proving Negligence

Drivers and pedestrians owe one another a basic but important duty of care. Both must obey traffic laws and drive/walk in ways that minimize risk to themselves and others. Drivers arguably owe a greater duty of care because in any collision between a motor vehicle and a pedestrian, there is no question about which party will suffer more harm. While pedestrians are sometimes responsible for their own injuries, pedestrian accidents are often the result of driver negligence, including:

  • Failure to yield right of way
  • Failure to be alert for pedestrians while driving
  • Distracted and inattentive driving
  • Speeding and aggressive driving
  • Turning without using a signal
  • Drunk driving

Despite the unequal risks they face, pedestrians are too often blamed for their own injuries, and holding a driver liable is not easy. To prove negligence, you must prove the driver violated traffic laws or otherwise drove in a way that they knew (or should have known) was dangerous and likely to result in an accident. You must also show that the driver's negligent actions were primarily responsible for causing the accident and the injuries you suffered. These can be difficult elements to prove, but our attorneys can vigorously advocate for you at every step.

What If Both Parties Were Negligent?

Even if the driver was primarily to blame for the accident (by texting and speeding, for example), you may have played some role in the accident (such as jaywalking). In Ohio, partial fault does not prevent you from recovering compensation, as long as the fault assigned to you does not exceed 50%. If a jury found that you were 15% to blame and the driver was 85% at fault, you recover 85% of your total damages.

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Person walking about to get hit by a car

The Very High Costs Of A Pedestrian Accident

For obvious reasons, pedestrian accidents tend to be much more dangerous than an accident between two motor vehicles. Pedestrians are likely to suffer:

  • Broken bones
  • Traumatic brain injuries
  • Spinal cord injuries leading to partial or complete paralysis
  • Organ damage and internal bleeding
  • Disfigurement

There are likely to be other damages, including lost wages, reduced earning capacity and pain and suffering. Our attorneys will calculate the full costs of your injuries, and we will fight to maximize recoverable compensation.

Discuss Your Legal Options In A Free Consultation

Beausay & Nichols Law Firm is based in Columbus, OH, and serves clients throughout the surrounding area. Call us at 614-529-3476 or email us to take advantage of a free initial consultation with attorneys who listen and care.  

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