Walking is hailed as a healthy mode of transportation, but in Cleveland, the risks are particularly high due to heavy traffic and numerous busy intersections: according to a study by Bike Cleveland, over 420 pedestrians were seriously injured by negligent motorists in 2023.
When a vehicle strikes a pedestrian, the impact can lead to catastrophic injuries such as broken bones, traumatic brain injuries, spinal cord damage, internal injuries, and even death. These incidents not only cause physical pain but also emotional and financial stress for the victims and their families. Victims are often left wondering about their legal rights and how to secure the compensation they need to cover medical bills, lost wages, and other expenses.
At Plevin & Gallucci, our team of experienced Cleveland pedestrian accident lawyers is here to guide you through this challenging time. We know what you’re going through and will aggressively pursue the compensation you need to cover your bills, recoup lost wages, and replace damaged property. To schedule a free, no-obligation consultation about your legal options, call 1-855-4-PLEVIN.
Why Hire Us for Your Pedestrian Accident Claim?
Choosing the right legal representation for your Cleveland pedestrian accident claim can make all the difference. At Plevin & Gallucci, we prioritize your well-being and strive to secure the best results in your case. Here are some of the many reasons why clients trust us with their cases:
- Years of Experience: Our Cleveland pedestrian accident lawyers have been recognized for their experience, skill, and dedication to client wellbeing. Your lawyer is your ally in helping you protect your future.
- Client-Centered Approach: From day one, we focus on making your case as strong as possible. We are always available to answer your calls and address your questions and concerns.
- Access to Experts: We have access to leading medical experts and consultants nationwide. This ensures that we have the most relevant and knowledgeable professionals supporting your case.
- Proven Track Record: Our attorneys have secured over one billion dollars in compensation for our clients. Our reputation with courts across Ohio is built on being prepared, dedicated, and successful advocates.
- Recognition and Honors: Our law firm has been honored by prestigious organizations, including the Ohio Association for Justice and the American Association for Justice. Our attorneys are frequently interviewed by news media for their insights on personal injury and workers’ compensation matters, underscoring our standing in the legal community.
Choosing Plevin & Gallucci means choosing a team that is recognized statewide for its knowledge, experience, and approach. We are dedicated to achieving success on your behalf and providing the support you need during this challenging time.
Legal Rights of Pedestrian Accident Victims
In Ohio, pedestrians have specific rights and protections designed to enhance their safety. For example:
- Pedestrians have the right of way at marked crosswalks and intersections when traffic signals permit them to cross. Drivers must yield to pedestrians lawfully in the crosswalk.
- Even when not using a crosswalk, drivers must still give pedestrians crossing at an intersection the right of way.
When accidents occur, liability typically hinges on determining who was at fault for the incident. If a driver’s negligence, such as speeding, distracted driving, or failing to yield, caused the accident, the driver is usually liable for the pedestrian’s injuries.
Steps to Take After a Pedestrian Accident
Being involved in a pedestrian accident can be a traumatic experience. If you are able, move out of the roadway to a safe location in order to prevent further injury from oncoming traffic. Then contact emergency services immediately or have someone contact for you if you are unable. Even if your injuries seem minor, it is essential to get medical attention. Some injuries may not be immediately apparent, and a medical report can be crucial for your claim.
While waiting for an ambulance and the police, use your phone to take pictures of the accident scene, including any visible injuries, the vehicle involved, crosswalks, traffic signals, and any relevant road conditions. Obtain the driver’s name, contact information, insurance company details, and license plate number. If there are witnesses, ask for their names and contact information. Their statements can be valuable in supporting your case. If you are unable to do this yourself ask a police officer or a bystander to help.
It’s recommended that you contact an experienced pedestrian accident lawyer as soon as possible after the incident. Early legal intervention can help preserve evidence and ensure your rights are protected from the start. Your lawyer will also advocate on your behalf to seek fair compensation for your injuries and other damages.
Compensation in Pedestrian Accident Cases
Pedestrian accident victims may be entitled to various types of compensation to help cover the financial and emotional toll of the incident. Understanding what damages may be available and the factors that influence the amount can provide clarity on what to expect during your personal injury lawsuit.
Types of Compensation Available
- Medical Expenses: This includes the cost of emergency care, hospital stays, surgeries, medications, physical therapy, and any ongoing medical treatment related to the accident. Future medical costs can also be considered if long-term care is required.
- Loss of Income: If your injuries prevent you from working, you may be entitled to compensation for lost wages. This covers the income you would have earned during your recovery period. In cases of permanent disability, compensation for loss of earning capacity may also be included.
- Pain and Suffering: This type of compensation addresses the physical pain, mental anguish, and emotional distress caused by the accident. It can cover a range of impacts, from chronic pain to anxiety and depression.
- Loss of Enjoyment of Life: If the accident results in a reduced ability to enjoy day-to-day activities, hobbies, or other pleasures of life, you may be compensated for this loss.
- Property Damage: If personal property, such as clothing or electronic devices, was damaged in the accident, you could receive compensation for repair or replacement costs.
- Punitive Damages: In cases where the driver’s behavior was particularly negligent, the court may award punitive damages. These are meant to punish the wrongdoer and deter similar conduct in the future.
Factors That Influence the Amount of Compensation
- Severity of Injuries: The extent and severity of your injuries play a key role in determining maximum compensation. More severe injuries typically result in higher medical expenses and a greater impact on your life, which can increase the amount awarded.
- Impact on Earning Capacity: If your ability to work and earn a living is permanently affected, the compensation will likely be higher to account for future lost income.
- Duration of Recovery: The length of time it takes for you to recover can affect the compensation amount. Longer recovery periods often mean more medical care expenses and lost wages.
- Degree of Fault: Ohio follows a comparative fault system. If you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are more than 50% at fault, you may not be entitled to compensation.
- Insurance Policy Limits: The at-fault driver’s insurance policy limits can impact the amount of compensation you receive. If the policy limits are low, it may be challenging to obtain full compensation without pursuing additional legal action.
Consulting with a knowledgeable attorney can provide further guidance and ensure that you pursue the compensation you deserve.
How Long Do I Have to File a Pedestrian Accident Claim in Ohio?
In Ohio, the timeframe within which you must file a pedestrian accident claim is governed by the state’s statute of limitations. This law sets a deadline for initiating legal action to ensure that claims are made while evidence is still fresh and reliable.
For pedestrian accidents resulting in personal injury, Ohio law typically allows you two years from the date of the incident to file a lawsuit. If a pedestrian accident results in a fatality, the family of the deceased has two years from the date of death to file a wrongful death claim. This allows the family to seek compensation for their loss and hold the negligent party accountable.
In certain circumstances, the statute of limitations may be extended or tolled. If the victim is a minor, the statute of limitations may be extended until they reach the age of 18. From that point, they have two years to file a claim. In rare cases, the statute of limitations may be tolled if the injury was not discovered immediately, and start once the discovery occurs. Finally, if the victim is mentally incapacitated and unable to file a claim, the statute of limitations may be tolled until they regain the capacity to do so.
How Much Does It Cost to Hire a Cleveland Pedestrian Accident Lawyer?
Most pedestrian accident attorneys work on a contingency fee basis. This means that you do not have to pay anything upfront. Instead, the attorney’s fee is a percentage of the financial compensation you receive. This arrangement allows you to access legal representation without financial barriers. If your personal injury lawyer does not win your case, you typically do not owe any legal fees.
While the contingency fee covers attorney fees, there may be additional costs associated with your case. These can include:
- Filing fees and other costs related to court proceedings.
- Fees for medical experts, traffic accident reconstruction specialists, and other professionals who may be needed to support your case.
- Charges for obtaining medical records, police reports, and other documentation.
- Expenses related to gathering evidence and witness statements.
In many cases, these additional costs are advanced by your personal injury attorney and reimbursed from the settlement or award. It’s important to discuss these potential expenses with your lawyer during the initial consultation to understand how they will be handled.
Pedestrian Accidents in Cleveland
Pedestrian accidents can occur in various settings and often have severe consequences. Below is an overview of common causes:
- Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. Careless drivers who are texting, talking on the phone, or otherwise not paying full attention to the road can easily miss pedestrians crossing the street.
- Speeding: High speeds reduce a driver’s reaction time and increase the severity of injuries in the event of a collision. Speeding in residential areas or near schools is particularly dangerous for pedestrians.
- Failure to Yield: Many accidents happen when negligent drivers fail to yield the right of way at crosswalks or intersections. This can happen due to ignorance of traffic laws or simply not seeing the pedestrian in time.
- Drunk Driving: Drugs and alcohol impair a driver’s ability to make sound judgments and react quickly, increasing the risk of hitting a pedestrian.
- Poor Weather Conditions: Rain, snow, and fog can reduce visibility and make it harder for drivers to see pedestrians. Slippery roads also increase stopping distances, making accidents more likely.
- Inadequate Crosswalks and Signage: Areas with poorly marked crosswalks, lack of pedestrian signals, or insufficient lighting can contribute to pedestrian accidents. Pedestrians are less visible to drivers in these conditions.
Types of injuries commonly sustained in pedestrian accidents include:
- Fractures and Broken Bones: The impact of a vehicle can cause significant trauma to the skeletal system, resulting in broken arms, legs, and other bones.
- Head Injuries: Traumatic brain injuries (TBIs) are common in pedestrian accidents. These pedestrian injuries can range from mild concussions to extensive brain damage, leading to long-term mental and physical impairments.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis. These injuries often require extensive medical treatment and rehabilitation.
- Internal Injuries: The force of a collision can cause internal organ damage, leading to internal bleeding and other life-threatening conditions.
- Lacerations and Abrasions: Pedestrians hit by vehicles often suffer cuts, bruises, and road rash from being thrown to the ground or against other objects.
- Soft Tissue Injuries: These injuries include damage to muscles, ligaments, and tendons, which can cause pain and limit mobility. Common examples are whiplash and torn ligaments.
- Emotional and Psychological Trauma: Beyond physical injuries, pedestrian accidents can have significant emotional and psychological impacts, including post-traumatic stress disorder (PTSD), anxiety, and depression.
Get a Free Consultation From a Cleveland Pedestrian Accident Lawyer
When you’ve been injured in a pedestrian accident, it’s essential to understand your legal rights, the steps to take after an accident, and the types of compensation available. At Plevin & Gallucci, we are here to guide you through this challenging time. From immediate actions to securing fair compensation, our legal team will advocate for your best interests every step of the way. Contact us today for a free initial consultation and let us help you pursue the compensation you need to move forward.
