SKILLED IN PEDESTRIAN CROSSWALK ACCIDENTS
PEOPLE CANNOT IMAGINE THE TERROR OF HITTING ANOTHER PERSON WHILE IN A CROSSWALK
There is nothing more terrifying than a car accident that involves a pedestrian. Most people cannot imagine the terror of hitting another person, nor being hit by a vehicle that weighs 4,000 pounds or more. And yet pedestrian car accidents happen at an alarming rate – every year in Ohio, there are dozens–and often over 100–pedestrians killed in motor vehicle collisions throughout the state.
While being in a pedestrian accident can be shocking, it is important to understand what steps you should take after a crash to protect your ability to recover the full amount of compensation available to you. One such step is to call an experienced pedestrian accident lawyer in Toledo as soon as possible.
If you are seeking legal guidance Groth & Associates has the experience you need.
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PEDESTRIAN CAR ACCIDENTS: WHO’S AT FAULT FOR A PEDESTRIAN COLLISION?
The majority of pedestrian car accidents are completely preventable, and occur because one or both of the parties involved commit an act of negligence. Some of the most common causes of pedestrian accidents include:
- Making a right turn while looking left;
- Failing to yield to a pedestrian who has the right of way;
- Driving while intoxicated;
- Driving while distracted;
- Driving while fatigued; and
- Traveling at an unsafe speed through a school zone or other area where foot traffic is common.
In some cases, a pedestrian may cause or contribute to an accident in which they’re involved. Some dangerous things that a pedestrian can do include crossing a road outside of a crosswalk, crossing when the pedestrian does not have the right of way, or walking while distracted, such as while looking down at one’s phone or listening to music.
OTHER PRACTICE AREA CASES
INJURIES IN A PEDESTRIAN CRASH
PEDESTRIAN INJURIES ARE PAINFUL AND DEBILITATING, AND MAY RESULT IN THOUSANDS OF DOLLARS IN MEDICAL EXPENSES, LOST WAGES, AND ONGOING TREATMENT COSTS.
No matter who is at fault for a pedestrian accident, when it comes to who will sustain the greatest degree of injury, there is no debate: pedestrians are often severely harmed in motor vehicle collisions. Depending upon the speed at which the vehicle is traveling at the time of crash and a number of other factors, including the angle at which the pedestrian is hit and the pedestrian’s own physical health, injuries might include:
- Traumatic brain injury, such as a concussion;
- Back and neck injuries;
- Spinal cord injury;
- Bone fracture injuries;
- Soft tissue injuries;
- Lacerations, cuts, and bruises;
- Crush injuries; and
- Internal injuries.
Some of the injuries above can be life-threatening, and may even be fatal. Serious injuries, such as a spinal cord injury, can also leave a pedestrian with permanent disability and impairment, such as paralysis. Other injuries are painful and debilitating, and may result in thousands of dollars in medical expenses, lost wages, and ongoing treatment costs.
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RECOVERING COMPENSATION AFTER A PEDESTRIAN CAR ACCIDENT – WHO PAYS FOR LOSSES?
Even a minor car accident can result in major injuries that can prevent you from working or engaging in hobbies and activities you enjoy, will requiring ongoing care and treatment resulting in heavy medical expenses. NHTSA research on car accidents indicate the following are among the most common types of injuries sustained in motor vehicle accidents:
- Head injuries, such as whiplash, concussions, and traumatic brain injury;
- Broken bones, such as leg, hip, and shoulder fractures;
- Back and spinal cord injuries, such as herniated or ruptured disks;
- Muscle and tendon sprains, strains, and tears;
- Dislocated joints in the shoulders, hips, and pelvis; and
- Severe cuts and lacerations caused by contact with sharp surfaces or broken glass.
In the aftermath of any car accident, regardless of how minor, it is important to seek medical attention immediately. You may have serious injuries that are not readily apparent, and failing to get the medical care you need could dramatically worsen your condition.
HOW CAN A TOLEDO CAR ACCIDENT ATTORNEY HELP YOU RECOVER THE COMPENSATION YOU DESERVE?
Examples of common costs that a pedestrian struck by a motor vehicle might incur include costs for medical expenses, including hospital stays, prescription drugs, surgeries, doctors’ visits, and medical equipment; lost wages, including wages that are lost directly following the incident as the pedestrian is recovering, and future lost wages and loss of earning capacity if the pedestrian cannot return to work or return to the same position and income-earning level; and damages for pain and suffering – non-economic losses deserve to be compensated too.
In Ohio, all drivers are required to carry bodily injury liability insurance, which pays for injuries that drivers cause to others in a collision. Which means that if you are a pedestrian who is hit by a driver of a motor vehicle, you can bring forth a claim against that driver’s insurance, or file a lawsuit directly against the other driver (which will likely be paid by the driver’s insurance). Drivers are required to carry a minimum coverage amount of $25,000 per person, and $50,000 per accident.
Unfortunately, $25,000 may not be enough to fully compensate you for your losses. Further, if the insurance company’s investigation reveals that you were partially at fault for your accident, the state’s laws of comparative negligence may be used against you to reduce the amount you can recover. The rule of comparative negligence holds that a plaintiff’s damages can be reduced in proportion to their degree of fault. In other words, if you were 10 percent to blame for the accident, you can only seek 90 percent of your total damages amount from the driver involved.
SETTLING YOUR CLAIM AND MAXIMIZING YOUR COMPENSATION AMOUNT
Understanding the claim settlement process and your rights during it is essential, and will help you to recover the maximum amount of compensation you deserve. Some important things to know are
- You do not have to accept a first settlement offer – in fact, you should probably reject a first settlement, as most initial offers are much lower than claimants deserve;
- You can negotiate for a settlement amount you think is fair – when you reject a settlement offer, you can counter with a demand that you think is fair and fully compensates you for your losses. You have the right to negotiate your claim until an agreement about a fair settlement is reached; and
- You have the right to file a lawsuit – If a settlement cannot be reached, you have the right to file a lawsuit and bring your case to court. Because damages in a pedestrian accident are often so severe, this may be the only way to get the amount of compensation you deserve.
WHY YOU SHOULD WORK WITH A TOLEDO PEDESTRIAN CAR ACCIDENT LAWYER
Working with an attorney is an important part in the process. When you hire an experienced Toledo pedestrian car accident lawyer, your attorney will work hard to investigate your claim, hire experts who can investigate and build your case, determine fault, evaluate the amount of damages you have suffered, file your claim with an insurance company and issue a demand letter, negotiate your case, and litigate on your behalf if need be.
At the law offices of Groth & Associates, we always put our clients’ needs first. When you hire our legal team, our goal will be to settle your case as quickly as possible while also maximizing your settlement award. While our goal is to settle all claims out of court to save you time and money, and reduce stress, we have trial experience and are not intimidated by the idea of litigation.
To schedule your free consultation with our Toledo pedestrian accident attorneys, please call us today or send us a message describing your case using the intake form on our website, and we will get in touch with you soon. We know what you are going through, and are here to advocate aggressively for you.
Groth & Associates
Full Service Law Firm in Toledo serving all of Northwest Ohio and more416 N Erie St #100