Ohio drivers hit 2,525 pedestrians in 2023. These collisions killed 147 people. Another 1,700 suffered injuries such as brain injuries, broken bones, and torn ligaments. These injuries may cause long-term health issues, so injured victims often need compensation from the liable party to pay for medical treatment and living expenses.
Fortunately, injured pedestrians can seek compensation from negligent drivers. Learn more about filing a claim after a pedestrian accident and why an attorney can improve your chances of getting the settlement you deserve.
Why Are Pedestrian Accidents So Dangerous?
In a battle of pedestrian versus motor vehicle, the pedestrian will always lose. Pedestrians have no protection during a collision. They will get injured in the collision with the vehicle, then again when they hit the ground.
In many cases, a pedestrian in plain view gets hit by a car due to a cognitive bias called inattentional blindness. This phenomenon happens because most drivers do not look for pedestrians. Even when they see pedestrians, their brains do not recognize them as important.
What Injuries Can Pedestrians Receive From Cars?
Pedestrians suffer injuries from blunt force trauma when they get hit, and hyperextension as their body contorts from the impact. During an Ohio car accident with a pedestrian, a motor vehicle can cause severe injuries, including:
- Traumatic brain injuries, such as concussions
- Spinal cord injuries
- Broken bones
- Whiplash
- Road rash
- Lacerations that can leave scars
- Torn ligaments and muscles
- Organ damage and internal bleeding
- Post-traumatic stress disorder
These injuries may require expensive medical treatment and weeks or even months of physical therapy. In some cases, you may never recover from the injury and suffer from disabilities for the rest of your life.
Filing a Pedestrian Accident Claim in Ohio
Car insurance covers all crash victims injured by drivers. If you got hit by a car, you can file a claim with the at-fault driver’s insurer just as a motorist could. Take the following steps to file a pedestrian accident claim in Ohio:
Exchange Information With the Driver
The law requires drivers to stop and exchange information with anyone injured in an Ohio pedestrian accident. If the driver does not stop, they commit a hit-and-run accident and face a fine and imprisonment.
If a car collides with you in a hit-and-run accident, you face an uphill battle. You will need to identify the driver to pursue pedestrian hit-and-run compensation. How much compensation can/do you get for a hit-and-run? You can get the same compensation as in any other pedestrian crash, but you must identify the driver first.
If you can, you should record the driver’s information. They must give you their name, address, and vehicle registration number. If your injuries prevent you from taking the driver’s information, they will provide it to the police. Your crash report will include this information. It will also include the driver’s insurance information. You use this information to seek compensation for car accident injuries.
Seek Medical Attention
You should seek medical care appropriate for your injuries. Ask for an ambulance if your injuries prevent you from driving. If you can drive, see your doctor or head to a quick care clinic as soon as possible. Your doctor will:
- Diagnose your injuries
- Prescribe a treatment plan
- Create medical records documenting the injuries
All of this information will be essential for you to get treatment and to support your compensation claim.
Contact a Lawyer
Identify an Ohio pedestrian accident lawyer with experience handling pedestrian accident claims. Most injury lawyers provide free consultations to new clients. When you speak to the lawyer, discuss the lawyer’s track record in similar cases.
Submit a Claim
You submit pedestrian injury claims the same way you submit car accident claims. Your lawyer fills out the claim forms and submits them with proof that:
- The insured driver negligently caused the crash
- The crash caused your injuries
- Your injuries caused losses
The insurer will investigate the collision and decide whether to accept or deny the claim.
Negotiate a Settlement
If the insurer accepts the claim, your lawyer will negotiate a pedestrian hit by car settlement. This settlement will cover your financial losses and the diminishment in your quality of life caused by your injuries.
File a Lawsuit
Can I sue if I get hit by a car? When the insurer persists in denying your claim or refuses to make a fair settlement offer, you can file a lawsuit. Sometimes, these denials happen because you violated Ohio pedestrian laws. For example, you might have been walking on the wrong side of the road or crossing illegally.
To win the lawsuit, your lawyer must prove the driver acted negligently. Even if you were also negligent, your lawyer can still fight for partial compensation.
Why Should I Call an Ohio Personal Injury Lawyer?
Lawyers have experience dealing with insurance companies. They also know injury law and court procedures. Thus, having a lawyer reduces your chances of making a mistake that can ruin your chance at compensation.
A lawyer will investigate your crash and gather evidence to prove the driver’s negligence. They will assess the value of your claim and use their negotiating skills to secure a fair outcome. If the case does not settle, your lawyer will analyze the crash and identify the liable parties. They will assemble the evidence you need to prove liability, including expert witnesses, and represent you in court.
Call a Northeast Ohio Pedestrian Accident Lawyer Now
If you were walking when hit by car, you have rights. Kyle Wright, Abagale McCurdy, and the other attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA have experience handling pedestrian claims. We understand how difficult the aftermath of a pedestrian accident can be, and we won’t let you deal with it alone. We’ll help you fight for the compensation you deserve.
Call (419) 625-7770 or visit us online to discuss your pedestrian accident and what we can do to help you.