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Legal Help for the Injured
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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Some kinds of pedestrian accidents happen in Dayton far more often than others, including:
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.
Pedestrian crashes can happen anywhere, but in Dayton they cluster where foot traffic and car traffic are both heavy:
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.
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.
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.
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.
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.
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.
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 injuries seen in Dayton pedestrian accidents include:
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.
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:
Fight for Everything You're Owed
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:
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:
Countless parties could share liability for your pedestrian accident injuries. Some of the parties named most frequently in these lawsuits include:
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.
Car Accidents
Our client was walking on a sidewalk on 9th St NW in Canton when he was struck by…
Read MoreWhat Makes KNR Special?
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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Contact KNRWhat Makes KNR Special?
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.
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.
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.
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.
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.
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.
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.