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Pedestrian accidents in Ohio: A primer

| Apr 24, 2020 | Car Accidents |

Pedestrian accidents can be catastrophic. The basic physics behind an accident that involves an individual who is out on a walk and a driver behind the wheel of a vehicle can translate to tragic results for the pedestrian.

A recent case provides an example.

Ohio crash leaves pedestrian with serious injuries

The accident involves a pedestrian who was out for a morning walk. A motorist states that the “rising sun” temporarily blinded him. As a result, the driver states he did not see the pedestrian before the accident. An ambulance was needed to transport the pedestrian to a local hospital to treat head and other injuries.

Pedestrians in similar accidents may be able to hold drivers accountable for their injuries

In order to hold the driver accountable, the pedestrian would likely need to establish the following:

  • Duty. First, the victim must prove the driver owed a duty to the pedestrian. In most cases, whenever a driver is operating a vehicle, he owes a duty to operate with care. As such, this element is likely established in these types of cases.
  • Failed to fulfill the duty. Next, the pedestrian must show the driver did not meet this duty, that the driver did not operate the vehicle with care.
  • Failure led to the accident. The pedestrian will also need to show that the driver’s failure to operate with care caused the accident and the accident caused injuries.

If these are established, the pedestrian can make a claim for the costs that result from the accident. This can include medical bills, the cost of the ambulance and lost wages.