There are often many unanswered questions after an accident, especially if you are involved as a pedestrian. You might be wondering: who’s at fault when you’re hit as a pedestrian in Ohio?
Who’s at Fault When You’re Hit as a Pedestrian in Ohio?
In Ohio, determining fault depends on:
- Where was the pedestrian walking?
- Who had the right-of-way?
- Did either party break a traffic law?
After an accident, your ability to seek compensation is based on a legal system called modified comparative negligence, which means blame may be shared.
If you’re found to be between 0% and 50% at fault, you can still recover money from the driver, but your final payout awarded at trial is reduced by your percentage of blame. For example, if you were awarded $100,000, but you’re found 20% at fault because you were walking at night wearing dark clothes, your compensation is reduced to $80,000.
However, if you’re found to be 51% or more responsible for causing the accident as a pedestrian in Ohio, you’re barred from recovering any money from the driver.
When Ohio Drivers May Be at-Fault
Drivers must exercise reasonable caution to avoid hitting pedestrians. In Ohio, drivers are found responsible if they:
- Fail to yield in a crosswalk. Under Ohio Revised Code Section 4511.46, drivers are required to yield to pedestrians in any marked or unmarked crosswalk when there is no working traffic signal.
- Pass a car stopped for a pedestrian. According to Ohio Revised Code Section 4511.46, when a driver ahead slows down or stops at a crosswalk to let someone pass, it’s unlawful for a driver behind them to overtake the stopped vehicle.
- Drive carelessly. Drivers who speed, are distracted, run red traffic signals, or are under the influence of alcohol and/or drugs are generally careless or negligent. In these situations, drivers are the cause of car accidents.
When Ohio Pedestrians May Share Fault
Pedestrians must follow Ohio laws. They can be held responsible for causing an accident if they:
- Dart into traffic. Pedestrians may not suddenly walk or run directly into the path of an oncoming vehicle without time to stop—even at a crosswalk.
- Jaywalk. Under Ohio Revised Code Section 4511.48, pedestrians crossing outside of a marked crosswalk must give the right-of-way to all oncoming vehicles.
- Are distracted or impaired. In Ohio, texting while crossing the street or walking while heavily under the influence of drugs and/or alcohol can be a reason a pedestrian may share fault for an accident.
Speak with a seasoned attorney after a pedestrian-related incident.
Pedestrian Accidents in Context
Whether you enjoy walking through Cuyahoga Valley National Park or The Scioto Mile, you should be able to walk safely. Yet, the National Highway Traffic Safety Administration reports pedestrian-related accidents claimed the lives of 7,314 pedestrians, plus 68,244 nonfatal injuries. Further, pedestrian deaths accounted for 18% of all traffic-related fatalities in the U.S.
Pedestrian safety remains a major concern in Ohio. If you cannot avoid an accident, contact a lawyer.
Hire a Pedestrian Accident Lawyer—Choose The Czack Hobbs Law Firm
To hire a pedestrian accident lawyer, contact The Czack Hobbs Law Firm. From Independence to Parma, our Ohio-based lawyers build solid cases against drivers who cause accidents. Contact us for an initial consultation.
