Most states have strict laws regarding pedestrian safety, the usage of crosswalks, and how drivers should watch out for pedestrians on the road, and Ohio is no exception. If you have been injured in an accident as a pedestrian and were not at fault, it is important to know your rights to fair compensation under the law.
As a pedestrian injury victim, you may be living with severe to catastrophic injuries, incurring medical bills that could leave you and your family financially devastated. If you were injured after being hit by a car in Springfield, Ohio, you might have the option of filing a personal injury claim against the negligent driver with a Springfield pedestrian accident lawyer.
A Springfield personal injury lawyer from The Fitch Law Firm LLC might be able to assist you through the claim process. Our law firm has recovered significant compensation on behalf of countless injury accident victims, and we may be able to help you. Call us today for your free case consultation. Speak with a member of our team about your case and hear what we may be able to do for you.
Damages in a Pedestrian Accident Claim
Personal injury claims exist to allow injured pedestrians to seek compensation for their injury-related costs and financial losses from the responsible parties in their accidents, such as:
- Emergency medical treatment or surgery
- Ongoing healthcare, rehabilitation, and therapy
- Missed pay from work while healing from injuries
- Pain and suffering they experience
- Property damage repairs or replacements
After being in a pedestrian accident caused by someone else’s negligence, you may want to file such a claim to help pay for a wide range of losses. If you are disabled as a result of the accident or you experience other long-term effects on your ability to work, you may also be able to get compensation for these losses as well.
Our pedestrian accident attorney in Springfield can help you identify all the damages in your case and collect evidence of their value when we represent you.
Establishing the Responsible Party’s Liability
Typically, you will file your personal injury claim against the party who was responsible for the accident. In order to establish the responsible party’s liability for your damages, you may need to produce evidence that their negligence caused your injuries.
In many pedestrian accidents, the responsible party is the driver. Driver negligence may include things like violations of traffic law, failing to keep their vehicle maintained, or falling asleep behind the wheel. The point being, their action does not need to be intentional for it to be considered negligent.
Evidence could include traffic camera footage, cell phone video, or a citation against the driver that may be found in traffic accident reports. Your Springfield pedestrian accident lawyer can help you to gather all the evidence necessary to validate your claim.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.
(614) 545-3930Common Causes of Pedestrian Accidents in Springfield Ohio
You may have questions about what happened if you have been injured in a pedestrian accident. You may wonder why the other driver did not stop or yield to you.
We have handled several motor vehicle accidents that included pedestrian injuries. The most common causes of these accidents include such behaviors as:
- Failure to yield the right of way
- Driving too fast for the conditions on the road
- Speeding through a red light or stop sign
- Failure to obey traffic signs
- Failure to use turn signals before changing lanes
- Poorly marked or timed crosswalk
- Failure of vehicles to yield or slow down to check their blind spots
- Lack of sidewalks or safe walking areas for pedestrians
- Druck driving
- Distracted driving
- Fatigued driving
Motorists have a duty of care to drive safely and pay attention to pedestrians and others on the roadway. If a driver was texting, not paying attention, or otherwise distracted, they may be liable for causing a crash.
Our personal injury attorneys in Springfield can investigate your claim to determine if there were any contributing factors. We can search for any and all sources of liability to ensure that you have the best chance of collecting the maximum compensation possible.
Ohio Pedestrian Laws
The State of Ohio has laws that govern the use of crosswalks and other areas of the roadway for pedestrians and drivers.
These include the following, according to the Ohio Department of Transportation (ODOT):
- Pedestrians have the right-of-way when crossing a roadway with a traffic control signal that symbolizes “walk.”
- Pedestrians have the right-of-way when crossing a roadway with a crosswalk that has no traffic control device.
- Drivers have to yield the right-of-way to all pedestrians on a sidewalk.
When a driver violates one of these or any other traffic laws and harms a pedestrian, the driver may be held liable for the pedestrian’s injuries.
If you were struck by a car while walking on a sidewalk or while trying to cross the road, a Springfield pedestrian accident lawyer from The Fitch Law Firm LLC might be able to help you investigate your case and build a claim against the at-fault party.
Call The Fitch Law Firm LLC today for a free case consultation. Attorney John Fitch has been helping injured clients pursue fair compensation for their losses for over 30 years. We can provide you with the compassionate representation you and your family deserve during this difficult time.
Ways a Springfield Pedestrian Accident Lawyer May Be Able to Help You
After the accident, you may be spending a lot of time and energy trying to heal from your injuries. When you work with The Fitch Law Firm LLC on your case, we can handle the details of your claim so that you can focus on your recovery. Our legal team will:
- Handle all verbal, written, and electronic communication with the at-fault driver and their insurance representative
- Document the monetary value of your request for fair compensation
- Provide ongoing updates on the progress and developments in your case
- Consult relevant experts on your behalf, including medical experts and an accident reconstruction specialist
- Handle the negotiation process, including sending a demand letter, fielding monetary offers, and making counteroffers
We may also be able to provide a host of benefits when we manage your claim, such as the following:
Collecting Evidence to Support Your Claim
The personal injury lawyers with our firm can gather evidence to attempt to prove the at-fault driver’s negligence and show why we believe that you deserve compensation. Proving negligence demonstrates four key elements:
- Duty of care: The other driver’s responsibility to operate their vehicle safely and follow traffic laws
- Breach of duty: The point when the other driver failed in their responsibility
- Causation: Their actions or inactions that lead to an accident where you were hit as a pedestrian and suffered injuries.
- Damages: You now suffer from physical injuries requiring medical care, lost income from your time away from work, and possibly emotional trauma.
To prove these four elements of negligence, our Springfield pedestrian accident injury attorney may collect the following evidence:
- Your medical records: These will contain information about your injuries and treatment after the accident. They may also include reports from doctors who treated you before and after the accident.
- Witness statements: Witnesses to the accident may give us their accounts of what happened. This information is especially helpful if the other driver denies responsibility for the collision.
- Photographs: Photographs of the accident scene taken immediately after may reveal important details about the scene and the conditions of the crash
- The police report: The police report contains information about how the accident occurred and whether anyone was arrested. It may also indicate whether charges were filed against the other driver.
- Medical bills: If you are injured in an automobile accident, it is likely that you will need medical care. We may be able to obtain copies of your medical bills from your doctor.
Tracking Your Injuries and Medical Expenses
Because you are unprotected in an accident, you could sustain serious physical injuries. Pedestrian accident injuries can include:
- Traumatic brain injuries (TBI)
- Internal organ damage
- Fractured or broken bones
- Leg and knee injuries
- Back and neck injuries
- Spinal cord injuries
Our evidence collection will include hospital, rehab, and therapy records and bills. It also includes a written prognosis that documents the type and cost of care you will require after your case has been settled.
Acting on Your Behalf
Unless you are familiar with the legal world, it can be difficult to represent yourself for a legal claim. Your pedestrian accident lawyer in Springfield can act as your communications liaison and legal spokesperson, representing you during all negotiations with insurance companies and representing you during legal proceedings.
In addition, our lawyers will take care of many of the administrative tasks involved in filing your claim. This service includes gathering documents and information about your case, preparing court filings, and keeping track of deadlines.
We Will Be
There To Help
You All The Way
Springfield Pedestrian Accident Attorneys Offer Legal Support and Guidance
Throughout the claims process, your lawyer can advise you and help you understand the proceedings at all times. Keeping you informed and providing regular updates may help to allay your fears and concerns.
Our lawyers also know how to navigate the legal system and are familiar with the rules and regulations that apply to your case. We can explain what steps need to be taken next and how they should be handled.
The Deadline to Sue in Ohio
Your time to file a lawsuit is limited in Ohio. Per Ohio Revised Code (ORC) §2305.10, there is a general two-year statute of limitations on personal injury lawsuits in Ohio. If you wait too long to take legal action and let this deadline pass, your lawsuit may be dismissed.
The Fitch Law Firm LLC can help you protect your right to sue if you act quickly. A member of our team can discuss what specific deadlines pertain to your case during your initial consultation.
Our Springfield Pedestrian Accident Lawyers Can Help
If you were injured in a pedestrian accident caused by another party’s negligence, you do not need to pursue compensation on your own. A Springfield pedestrian accident lawyer from The Fitch Law Firm LLC may be able to coordinate all of the legal work in your case.
To learn about your legal options in a free case consultation with a member of our team, contact The Fitch Law Firm LLC today. We may be able to represent you on a contingency fee basis. In this agreement, our attorney fees come as a percentage of your settlement offer or court award if and when you win your case. If we are unable to help you recover compensation, you do not need to pay us attorney fees. Call today to get started or schedule a visit to our Springfield office.