Dayton Pedestrian Accident Lawyers | Kisling, Nestico & Redick
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Legal Help for the Injured

Dayton Pedestrian Accident Attorneys

When you’ve 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 are here to remove the stress and confusion from filing a claim or lawsuit. Our firm offers 100% free consultations, no upfront costs, and pursues the maximum amount of compensation possible.
Contact KNR at (937) 427-4048 today.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Dayton Pedestrian Accidents: Types & Causes

There are some ways in which Dayton pedestrian accidents occur more frequently than others. Some of these include:

  • Drivers failing to yield to the right of way, even in instances where pedestrians are crossing in designated crossing areas
  • Drivers failing to use a turn signal when a pedestrian crosses, assuming the driver is not making a turn
  • Aggressive driving and speeding 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 precautions in areas where children may frequent, such as parks 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.

Pedestrian Accidents: Right of Way Explained

According to Ohio Revised Code Section 4511.46, pedestrians have the right of way when:

  • Another vehicle is stopped, allowing for pedestrians to cross in a crosswalk
  • Traffic control lights are not working, or there are no traffic control lights installed at the intersection
  • Pedestrians are about to cross or in the middle of crossing a crosswalk

However, under Ohio Revised Code Section 4511.48, pedestrians must yield to a vehicle when:

  • The vehicle is an emergency vehicle, fire truck, police vehicle, or ambulance that has sirens or flashing lights
  • There is a pedestrian crosswalk or tunnel access
  • Pedestrians want to cross the road in an area that does not have an intersection

Pedestrian Injuries in Dayton

Pedestrian accident injuries are often devastating. However, you do not necessarily need a critical injury to have grounds for a claim. Some of the most common injuries seen in Dayton pedestrian accidents include:

  • Traumatic brain injuries, including head injuries and coma
  • Spinal cord injuries, including different types of paralysis and back injuries
  • Compound fractures and broken bones
  • Internal injuries and organ failure
  • Injuries to the pelvis and soft tissue injuries
  • Lacerations, abrasions, and contusions

Sadly, many pedestrian accidents can turn fatal. If you lost a loved one in a fatal pedestrian accident, your family might be able to pursue legal action against the liable party through a wrongful death claim.

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
  • Exchanged 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
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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
  • Reduce starting potential and lost wages
  • Property damages
  • Loss of household services
  • Emotional distress
  • Diminished quality of life
  • Loss of support and companionship
  • Physical pain and suffering
  • Embarrassment from disfiguring injuries or skin scarring
At KNR, we ask, ‘what can we do?’ so you move on with more.

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 by deciding or failing to make a decision.
  • 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

Our client was walking on a sidewalk on 9th St NW in Canton when he was struck by…

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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.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Pedestrian Accident FAQs

How long do I have to file my claim?

According to Ohio Revised Code Section, 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. However, even though Ohio is a fault state for auto insurance, if the driver is uninsured, you may not have the opportunity to file a claim with the insurance company.

If you purchased your own uninsured or underinsured coverage, filing 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 adult party. You can visit the Dayton Police Department website to get a copy of your police report.

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.