Dayton Pedestrian Accident Lawyer | KNR

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Legal Help for the Injured

Dayton Pedestrian Accident Attorneys

When you have been hit by a car while walking, you have the right to seek financial compensation for your damages and losses. You may be worrying about paying the medical bills and how to hold the liable party accountable. But with help from an experienced Dayton pedestrian accident lawyer, you can recover and get justice.

At Kisling, Nestico & Redick, our Dayton injury attorneys take the stress and confusion out of filing a claim or lawsuit. Our Ohio pedestrian accident lawyers handle claims across the state, and the Dayton team brings that experience to local cases. We offer free consultations, charge nothing up front, and pursue the full compensation you are owed.
Contact KNR at (937) 427-4048 today.

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Dayton Pedestrian Accidents: Types & Causes

Some kinds of pedestrian accidents happen in Dayton far more often than others, including:

  • Drivers failing to yield to the right of way, even in instances where pedestrians are crossing in designated crossing areas
  • Drivers turning without signaling, so a pedestrian reasonably expects the car to go straight
  • Speeding and reckless driving on congested roadways
  • Drivers being distracted by phones, navigation systems, other passengers, and other distractions
  • Drivers running red lights or refusing to stop at a stop sign when a pedestrian is crossing lawfully
  • Drivers failing to take precautions in road construction zones
  • Drivers failing to take care in areas children often visit, such as parks, schools, and playgrounds
  • Drivers running over pedestrians due to blind spots

If your pedestrian accident injuries were caused in another way, our team can evaluate your case to determine whether you have grounds for legal action.

Where Pedestrians Are Hit in Dayton

Pedestrian crashes can happen anywhere, but in Dayton they cluster where foot traffic and car traffic are both heavy:

  • Downtown crosswalks: busy intersections where drivers turning right on red or making left turns cut across people in the crosswalk, a common pattern in crosswalk accidents.
  • Third Street and Main Street: the heart of downtown, with buses, delivery trucks, and pedestrians crossing at every corner.
  • Salem Avenue: a wide, busy road where higher speeds and long distances between signals tempt people to cross mid-block.
  • Near bus stops and RTA hubs: riders getting on and off Greater Dayton RTA buses, especially around the Wright Stop Plaza downtown, often step into traffic or cross between stopped vehicles.
  • Parking lots and shopping centers: drivers backing up or cutting through lots without watching for people on foot.

Pedestrian Right of Way in Ohio

Ohio law gives pedestrians the right of way in many situations, but not all of them. Knowing who has the right of way at a crosswalk often decides how fault is divided.

When Drivers Must Yield

Under Ohio Revised Code 4511.46, when there is no working traffic signal, a driver must yield to a pedestrian crossing in a crosswalk who is on the driver’s half of the road or close to it. When one car stops at a crosswalk to let someone cross, a driver coming up from behind may not pass the stopped car. Separate rules on traffic signals give a pedestrian crossing on a Walk signal the right of way, so drivers turning across the crosswalk must wait. Drivers also have a general duty to watch for pedestrians and avoid hitting them, even when the pedestrian is not where they should be.

When Pedestrians Must Yield

Under Ohio Revised Code 4511.48, a pedestrian crossing somewhere other than a marked or unmarked crosswalk at an intersection must yield to vehicles. A pedestrian who crosses where a tunnel or overhead crossing is provided must also yield to vehicles, and pedestrians must yield to emergency vehicles using lights and sirens. A pedestrian who did not have the right of way can still recover compensation under Ohio’s comparative fault law, as long as the pedestrian was not more than half at fault.

Hit-and-Run Pedestrian Accidents

Some drivers flee after hitting a pedestrian, which adds anger and uncertainty to an already frightening experience. Call 911, ask for an officer to take a report, and write down anything you remember about the car, including its color, make, partial plate, and direction of travel. Nearby businesses and buses may have cameras that caught the vehicle.

Even if the driver is never found, you may still have a claim. Uninsured motorist coverage on your own auto policy, or on the policy of a relative you live with, often covers hit-and-run accidents, including when you were on foot. These claims usually require a prompt police report and may require evidence beyond your own account that another vehicle was involved, so it helps to talk with a lawyer early.

Common Pedestrian Accident Injuries in Dayton

Pedestrian accident injuries are often devastating. However, you do not necessarily need a critical injury to have grounds for a claim. A person on foot takes the full force of the impact, and then often strikes the hood, windshield, or pavement. Two kinds of injuries stand out.

Brain Injuries

Head injuries happen when a pedestrian is thrown onto the hood or the road. Even a concussion can cause headaches, memory problems, and trouble concentrating for months, and a severe traumatic brain injury can change a person’s life permanently.

Leg and Pelvis Fractures

A car’s bumper usually strikes an adult at the legs, which is why broken legs, knees, and hips are so common. Pelvic fractures can require surgery, long hospital stays, and months of rehabilitation before a person can walk normally again.

Other Common Injuries

Other injuries seen in Dayton pedestrian accidents include:

  • Spinal cord injuries, including different types of paralysis and back injuries
  • Internal injuries and organ failure
  • Soft tissue injuries
  • Lacerations, abrasions, and contusions

Sadly, many pedestrian accidents can turn fatal. If you lost a loved one in one of the fatal pedestrian accidents that happen on Ohio roads, your family may be able to bring a wrongful death claim, and a Dayton wrongful death lawyer can explain how it works.

Steps After a Pedestrian vs. Car Accident

The first steps an injured pedestrian should take after being involved in a traumatizing accident are essential. Here are the first things you need to do:

  • Call an ambulance or the Dayton Police Department
  • Exchange information with the driver who hit you, including their license number, name, vehicle registration info, and insurance details
  • Gather witness info and take photos of the scene and your injuries to support your case against the liable party
  • Head to the Miami Valley Hospital or other emergency room in Dayton for a medical evaluation
  • Contact a pedestrian accident lawyer for help pursuing your insurance claim and civil lawsuit

Fight for Everything You're Owed

Compensation After a Dayton Pedestrian Accident

After everything you have been through, you have the right to be compensated fairly for your suffering. Examples of damages seen in Dayton pedestrian accident claims include:

  • Medical expenses and future medical care
  • Lost wages and reduced earning potential
  • Property damages: A phone, glasses, clothing, or other belongings damaged in the crash can be replaced.
  • Loss of household services
  • Emotional distress: Anxiety, fear of crossing streets, and trouble sleeping after a crash are real losses.
  • Diminished quality of life
  • For a spouse or family, loss of support and companionship
  • Physical pain and suffering
  • Embarrassment from disfiguring injuries or skin scarring

Pedestrian Accident Claims & Proving Negligence

For a pedestrian accident claim to be successful, your attorney must show that someone else’s negligence caused your pedestrian accident injuries. To do this, we will need to show that the elements of negligence have been met as follows:

  • Duty of care – Your attorney will show that the motorist who hit you or another liable party owed you a duty of care by driving safely or acting reasonably to prevent injury.
  • Breach of duty – Your lawyer will show the liable party failed to uphold their duty of care through something they did or failed to do.
  • Causation – The defendant’s failure to meet their obligation to uphold their duty of care must have been the cause of your pedestrian accident injuries.
  • Damages – Your attorney will show that you have suffered damages or injuries due to the defendant’s breach of their duty of care.

Pedestrian Accident Fault & Liability

Countless parties could share liability for your pedestrian accident injuries. Some of the parties named most frequently in these lawsuits include:

  • The driver of the vehicle who hit you – If the driver who hit you was negligent in the operation of their vehicle, you might be able to pursue compensation from them. Filing a claim with their insurance company or bringing a lawsuit against them may be your best option if you hope to get the most out of your claim.
  • Government agencies and construction sites – When road construction work leaves the crosswalks, sidewalks, and streets obstructed, it could put pedestrians at risk for injury or death. Construction site owners, construction crew members, and management companies could all share liability.
  • Businesses and business owners in Dayton – If a local business fails to keep their premises safe, causing pedestrian accident injuries, you may have the right to file a lawsuit or insurance claim against them.

It is not uncommon for multiple parties to share liability for pedestrian accidents in Dayton. Your attorney must carefully evaluate the cause of your pedestrian accident to establish culpability and gather evidence to support your case.

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$160,000 Settlement Pedestrian Injury

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Serving Ohio for More than 20 Years

Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.

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Our Dayton Pedestrian Accident Lawyers Can Help

After your pedestrian accident, it makes sense that you may be feeling overwhelmed. The sooner you start working on your case with an attorney, the greater your chances of financial recovery.

Our team at KNR will work diligently to build a powerful case against the at-fault party.

Our Pedestrian Accident Lawyers Will

  • Investigate, collect evidence, and find those at fault for your accident.
  • Interview witnesses, medical professionals, and experts to show how your life was impacted.
  • Communicate with the insurer, clarify liability, and pursue max compensation.
  • Determine your accident’s full and fair value, what you lost and deserve.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

Dayton Pedestrian Accident FAQs

How long do I have to file my claim?

According to Ohio Revised Code 2305.10, pedestrian accident victims in Dayton have two years to file their civil claim before the statute of limitations expires. Family members pursuing wrongful death claims also have two years to file their lawsuits under Ohio Revised Code Section 2125.02.

However, do not be surprised if your case’s statute of limitations is unclear. Get the answers you need and avoid procedural issues by having an attorney start your case as soon as possible.

Can I sue if I was jaywalking?

Ohio is a modified comparative negligence state. This means if your portion of liability does not exceed 50%, you can share fault and still be awarded compensation. It should be noted that your injury settlement will be reduced to account for your portion of liability.

The driver doesn’t have insurance or left the scene. What are my options?

Law enforcement officials can work to identify the individual who struck you and fled the accident scene. If they fled the scene, they might also be uninsured. Ohio is an at-fault state, but if the driver is uninsured or never found, there is no liability insurer to file against.

If you or a relative you live with has uninsured and underinsured motorists coverage, a claim with your own insurance company may be an option. You might also file a civil lawsuit against the person who hit you. Your attorney can help you review your legal options during your initial consultation.

Should I accept an insurance settlement?

You should never accept an insurance settlement unless your attorney reviews it first. The last thing you want is to be pressured into accepting a settlement that is less than your claim is worth.

Should I call the police? How do I get a copy of the police report?

After a pedestrian accident, contacting the police is of utmost importance. Obtaining a copy of the police and accident report filed could provide valuable evidence to support your claim against the at-fault party. You can request the report from the agency that took it, usually the Dayton Police Department inside the city, and many Ohio crash reports are also available on the Ohio Department of Public Safety’s crash report site.

Can I recover if I was hit in a parking lot?

Yes. Drivers owe pedestrians the same duty of care in a parking lot that they do on the street, and a driver who backs up or cuts through a lot without looking can be held responsible. The property owner may also share the blame if poor lighting, confusing traffic flow, or missing crosswalks contributed. Ask for a police report even though the crash happened on private property, and call 1-800-HURT-NOW to talk about your options.