Types of Injuries Suffered in a Crosswalk Accident
Pedestrians who are hit while crossing the street can sustain many injuries, including:
- Head injuries or traumatic brain injuries (TBIs)
- Neck and spinal injuries
- Broken bones
- Lacerations
- Disfiguring scars
- Internal bleeding or organ damage
Pedestrians who are hit by a car have a greater chance of experiencing debilitating problems that could lead to lifelong difficulties or death. If you or a loved one has been hurt in a crosswalk accident, call our attorneys right away for assistance.
Who’s Liable for a Crosswalk Accident
Assigning fault and ultimately legal liability for a crosswalk accident and your subsequent injuries is a major part of filing a claim and recovering compensation. Liability refers to the legal responsibility for the harm you endured and can apply to the party directly responsible or the appropriate insurance policy in the case of negligent driver.
This requires meeting the following elements:
- The party had a duty to act reasonably under similar circumstances
- The other party breached this duty of care
- The other party’s breach caused your injuries
- You suffered actual injuries, for which the other party can compensate you
For instance, if you suffered injuries after being hit by a car while in crosswalk, you and your lawyer will need to prove that the other driver had a duty to follow the traffic laws, they breached this duty by driving too fast, and your injuries resulted from the collision. Finally, you’ll have to demonstrate that you suffered financial and other damages in connection to your injuries. This could be your medical bills, inability to work, or pain and suffering.
- The potential liable parties in a crosswalk accident may include:
- The negligent driver
- The owner of the vehicle the negligent driver was using
- A government agency who was responsible for maintaining a safe intersection
- The negligent driver’s employer if they were working at the time
- Other parties that contributed to the accident (a bar the overserved a drunk driver)
- Your own insurance company if the driver is underinsured or following a hit and run
Compensation for a Crosswalk Accident
Depending on the severity and other factors involved, you may be able to recover compensation for the economic and non-economic damages associated with your crosswalk car accident. By filing an insurance claim or personal injury lawsuit, you may be entitled to your:
- Medical expenses
- Loss of income
- Disability
- Pain and suffering
- Mental anguish
- Loss of consortium
How KNR Can Help
Pursuing compensation for a crosswalk accident can be daunting. As with any personal injury claim, the key is to prove the negligence of the other party. Drivers have an inherent duty of care. This means they must practice safety when operating their cars, so as not harm any others on the road.
A driver who ignores their duty of care is considered negligent. In a personal injury case, you must prove that the other driver’s negligence directly resulted in your injuries. This evidence can be difficult to obtain, especially if you are trying to focus on your recovery.
A skilled lawyer can illustrate what you endured and being injured in a crosswalk impacted your life, making the harm apparent to a judge or jury. Your attorney will work with your physicians and medical experts to delve into the consequences of this injury on your life, from your inability to work or enjoy life like you did before the accident.
At KNR our attorneys will:
- Answer your questions and concerns
- Keep you updated during all stages of the process
- Obtain medical records about the extent of your injuries
- Identify the responsible party
- Determine the fair and full value of your damages
- Negotiate for maximum compensation
- Fight for everything you deserve in court if necessary
For families who have lost a loved one in a pedestrian accident, a skilled attorney can also help file a wrongful death claim.
Crosswalk Accident FAQs
Can a Pedestrian Be Responsible for a Crosswalk Accident?
In some cases, yes. As a pedestrian, you must still obey traffic laws. If you are found to be jaywalking or otherwise illegally in the street where pedestrians are prohibited, you may be deemed at-fault or at least share responsibility for an accident. However, you should still consult an attorney because Ohio follows a contributory negligence standard, where an injured party can still recover damages according to their degree of culpability. For example, if you are found 10% responsible, you can still recover 90% of your assorted damages.
Can I Sue the City if I’m Hurt in a Crosswalk?
In some cases, a municipality or state agency may be liable for your injuries. Fir example, if your injuries were caused by a faulty traffic control device or poorly managed road work, you may be able to file a claim against the party who was responsible for maintaining the light or performing the roadwork. Claims against the government have unique requirements, best explained by a knowledgeable lawyer.
Do Crosswalk Accident Claim have Time Limits?
Like other injury claims, you generally have two years from the date of the crosswalk accident to file a claim or lawsuit for compensation. There are some exceptions. But it’s wise to consult a lawyer since waiting too long can result in your claim being dismissed.
Should I File a Claim or Lawsuit after a Crosswalk Accident?
Every case is unique and how you proceed will depend on the factors involved. However, you should seek medical treatment and fully document your injuries. This makes the process of filing a claim easier and helps ensure you recover the necessary amount you’ll need to move on with life.
Call Our Crosswalk Accident Lawyers for Help Today
Walking to work or school is a relaxing time for many, but with the increase in pedestrian accidents and fatalities, crosswalks and sidewalks are becoming more dangerous than ever. If you were hurt while in a crosswalk and want to learn more about your legal options, call the crosswalk accident lawyers at Kisling, Nestico & Redick today.
To schedule a free case consultation, contact us today at 1-800-HURT-NOW.