Copyright © 2023 O'Connor, Acciani and Levy. All rights reserved.
When a car or truck driver hits a pedestrian, it can cause devastating injuries to the person on foot. In addition to the physical pain, a victim may struggle with hefty medical bills and other financial losses in the wake of their accident.
Fortunately, there are legal options for pursuing compensation and holding the negligent drivers accountable for their actions. If you were hit by a motor vehicle, consult a Dayton pedestrian accident lawyer at O’Connor, Acciani & Levy. Our skilled personal injury attorneys know what strategies may be best to maximize a potential claim for compensation, and we are here to tirelessly work on your behalf.
Many people assume that drivers who hit pedestrians are always at fault for the accident. While it is true that many pedestrian collisions stem from reckless or careless behavior behind the wheel, motorists are not automatically liable in every situation.
As with any other form of personal injury litigation, there are several legal requirements for successful recovery through a pedestrian accident claim. The injured pedestrian and their attorney must prove that a defendant’s negligence was the direct and primary cause of their injuries.
It is possible for civil courts to assign a percentage of fault to the injured victim. If a pedestrian is found partially liable for the accident, their available compensation will be reduced accordingly.
Under Ohio Revised Code §2315.33, a court may bar recovery entirely for any civil plaintiff found more than 50 percent to blame for their own injuries. Assistance from a dedicated Dayton attorney is crucial to effectively contest allegations of comparative fault and maximize the amount of restitution available to an injured pedestrian.
Another aspect of state law that could have a big impact on civil recovery after a pedestrian wreck is the cap placed on recovery for “non-economic” damages. This refers to losses without an objective financial value, such as physical pain and lost enjoyment of life. According to O.R.C. §2315.18, the maximum amount that most civil plaintiffs can recover for non-economic harm is the greater of $250,000 or three times the value of objective “economic” damages.
However, this cap does not apply to cases where a pedestrian accident victim sustains permanent disability or disfigurement. An experienced attorney at our firm can further explain how these damage caps and other restrictions might impact a pedestrian accident claim.
For various reasons, proving fault and recovering fair compensation for a pedestrian accident can be challenging without professional legal representation by your side. Car insurance companies and defense lawyers for negligent drivers will fight tooth and nail to keep you from holding them financially accountable for your losses. However, a hardworking attorney can fight back to protect your rights and secure the compensation you deserve.
Assistance from a Dayton pedestrian accident lawyer can make all the difference in your chances of success. If you suffered injuries from a serious crosswalk collision, let us handle your claim while you focus on healing. Call O’Connor, Acciani & Levy today for a consultation.