What to Do If Your Child Is Hit by a Car Walking to School
Posted in: Car Accidents
Every day, pedestrians in Ohio run the risk of being hit by a car while traveling on roadways. Many major roads now have crosswalks in place that are intended to allow pedestrians to cross a busy street without being struck by a car. Unfortunately, using crosswalks doesn’t always keep them safe. If you or a loved one has been hurt in an accident while crossing the street, contact our crosswalk accident lawyers right away.
At Kisling, Nestico & Redick, our motor vehicle accident lawyers have helped many pedestrians all over Ohio get the compensation they deserve after being hurt in an accident. Our team can offer extensive experience with personal injury cases as well as compassion for our clients who are in pain and want only to get their lives back.
Pedestrians are no match for a car – they have little protection between themselves and the 4,000 pounds of steel that can travel at speeds of 80 miles per hour or faster. Being hit by a car traveling at just 25 miles per hour can cause significant injuries, or even death.
According to 2016 data provided by the National Highway Traffic Safety Administration (NHSTA), a pedestrian was killed every 1.5 hours in a traffic accident. While many of these pedestrians are killed when crossing a street at night or in an area where there isn’t an intersection, there is still an alarming number of accidents that occur in crosswalks.
If you’ve been injured as a pedestrian while using a crosswalk, call the pedestrian accident lawyers at Kisling, Nestico & Redick today for help.
Crosswalks are designed to keep pedestrians safe. They usually include signs and bright yellow paint to make them more visible to cars and other motorists. Some even have flashing lights to make them even more prominent. Not all crosswalks are easy to see. Some do not have obvious indicators, such as flashers. Some do not even provide enough time for drivers to slow down.
Unfortunately, crosswalks provide a false sense of security to walkers – they may assume drivers can view everything and start across the street before a motorist sees them. Drivers can occasionally ignore Even the most glaringly obvious crosswalks. A person out walking has no protection against a car weighing several thousands of pounds while traveling at high speeds.
Drivers are expected to use caution when approaching crosswalks, because the pedestrian crossing has the right-of-way. Sometimes a driver is not paying attention, however, which can lead to an accident. Common causes of accidents our crosswalk accident lawyers see are when a driver:
Pedestrians who are hit while crossing the street can sustain many injuries, including:
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.
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:
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.
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:
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:
For families who have lost a loved one in a pedestrian accident, a skilled attorney can also help file a wrongful death claim.
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.
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.
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.
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.
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.