Ohio Pedestrian Accident Attorney

Ohio Pedestrian Accident Attorney

Pedestrians often suffer serious injuries like traumatic brain injuries (TBIs), spinal cord injuries, and broken bones in accidents with vehicles. Injured in a pedestrian accident? Trust Gervelis Law Firm to advocate for your rights. Our team investigates thoroughly, visiting accident scenes, reviewing reports, and consulting experts. Contact us 24/7 for a free consultation. Let our Ohio pedestrian accident lawyer help you get your life back on track.

Many people on foot might take for granted the act of crossing the street, walking, or riding alongside a road. Unfortunately, pedestrians are considered vulnerable road users. In accidents with cars, trucks, and even motorcycles, they often sustain serious injuries like traumatic brain injuries, spinal cord injuries, broken bones, and nerve damage.

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Some areas of Ohio are more dangerous for pedestrians than others. Counties with the most fatal pedestrian accidents and the highest fatal hit rates include Cuyahoga County, Franklin County, Hamilton County, Mahoning County, and Montgomery County.

If you or a loved one has been injured in a pedestrian accident caused by a driver, make sure you get the legal help you need from an experienced Ohio pedestrian accident lawyer. Make sure you contact Gervelis Law Firm.

Serving accident victims in Ohio, our law firm has the experience and resources to handle even the most complicated pedestrian accidents in Columbus, Cleveland, Toledo, Youngstown, Akron, Chillicothe, and other nearby communities. Contact us and schedule an appointment at no charge to discuss the details of your case. Call (866) 622-4096 and meet with us on your terms.

Why Hire Gervelis Law Firm for Your Pedestrian Accident Case?

“I was in an accident a couple years ago with my dog. As we were walking across the street, I got hit by a Silverado. The dog was killed. I was messed up. And I went to the Gervelis Law office, and Mark Gervelis and his team did a great job for me. And I want to thank them.”

Mark Mirando was hit by a pizza delivery van while walking, leaving him with a minor traumatic brain injury and ongoing pain that required management. Gervelis Law Firm took on the case and secured a six-figure settlement to support his recovery and future needs. Client reviews reflect individual experiences and do not guarantee a similar outcome.

Where Do Pedestrian Accidents Happen?

On average in Ohio, more than 100 pedestrians are killed in accidents each year, according to the National Highway Traffic Safety Administration. Hundreds of injury accidents involving pedestrians also happen for any number of reasons. In the Columbus area, Franklin Township has a higher concentration of deadly pedestrian crashes than its neighbors. Clinton suffers many fatal pedestrian crashes, too.

Trust our pedestrian accident lawyers to help you secure the compensation you deserve.

Why Do Pedestrian Accidents Happen?

Some of the most common causes of pedestrian accidents include:

• Distracted drivers. Texting drivers, drivers talking on cellphones, or eating while driving often don’t see people walking alongside a street or crossing one. As a result, some distracted drivers don’t stop in time, resulting in a serious accident. In 2023, 3,275 people lost their lives due to distracted driving. 
• Speeding drivers. When people drive too fast, they sometimes don’t have time to stop and avoid hitting someone crossing the street. Such accidents often result in serious injuries to pedestrians.
• Reckless drivers. Changing lanes without warning, weaving in between cars, tailgating, and other forms of aggressive driving sometimes result in accidents.

Ohio Pedestrian Right-of-Way Laws in Plain English

If you are asking, “Who has the right of way in Ohio?” the simple answer is this: It depends on where the pedestrian is and what both people are doing. Ohio law does not automatically give drivers or pedestrians the right of way in every situation. Instead, the rules shift based on location, traffic signals, and whether someone acted reasonably. Here is how it works in everyday language.

Crosswalk Rule: When Drivers Must Yield

In Ohio, drivers must yield to pedestrians who are lawfully in a crosswalk when traffic signals are not controlling the right-of-way. That includes both marked crosswalks and unmarked crosswalks at intersections. If a pedestrian is crossing within that space and following the signal, drivers are required to slow down and allow them to pass safely.

Ohio law also prohibits a driver from passing another vehicle that has stopped at a crosswalk to allow a pedestrian to cross. This is especially important on multi-lane roads, where one car may stop, but another driver in the next lane cannot see the pedestrian.

• Common example. A driver is turning right on red at an intersection. A pedestrian begins crossing with the walk signal. Even though the driver is allowed to turn on red, they must yield to the pedestrian in the crosswalk.
• Common example. On a four-lane road, one vehicle stops at a marked crosswalk to let someone cross. A second driver in the next lane cannot legally speed around the stopped car. Passing in that situation is dangerous and unlawful.

Crossing Outside a Crosswalk: When Pedestrians Must Yield

If a pedestrian crosses outside a marked or unmarked crosswalk at an intersection, Ohio law generally requires the pedestrian to yield to vehicles. This often applies to mid-block crossings, where someone walks across the street between intersections.

That does not mean drivers are free to ignore safety. Motorists still have a duty to exercise due care to avoid hitting someone. But when a pedestrian crosses outside a crosswalk, they may be expected to wait until traffic is clear.

Common example: A person crosses mid-block between parked cars on a busy street. If a driver has little time to react, the fault may be disputed because the pedestrian was outside a crosswalk and did not yield.

The “Dart-Out” Rule

Even when a pedestrian has the right of way in a crosswalk, they cannot suddenly leave a curb or place of safety and step directly into the path of an immediate hazard. This is often called the “dart-out” rule.

In plain terms, drivers must yield to pedestrians in crosswalks, but pedestrians cannot jump into traffic so abruptly that a driver has no reasonable chance to stop. These cases often turn on timing, visibility, and speed.

Right-of-way questions frequently become central in pedestrian accident claims. Injured pedestrians often seek treatment at the Cleveland Clinic, The Ohio State University Wexner Medical Center, University Hospitals Cleveland Medical Center, and elsewhere in Ohio. 

Can I Still Recover if I Wasn’t in a Crosswalk? Understanding Comparative Fault

Yes, you may still be able to recover compensation even if you were not in a crosswalk. Ohio follows a modified comparative fault rule. This means a pedestrian can recover damages as long as their share of fault is not greater than the combined fault of everyone else involved. If they are 51 percent or more at fault, recovery may be barred. If they are 50 percent or less at fault, compensation may be reduced by their percentage of responsibility.

Here is a simple example. If total damages are $100,000 and you are found 20 percent at fault, your recoverable amount may be reduced to $80,000.

Insurance companies understand this rule and often try to shift blame onto pedestrians by arguing they were distracted, outside a crosswalk, or not paying attention. Surveillance footage, vehicle data, witness statements, and scene documentation can all shape how fault is assigned. In pedestrian cases, the focus is often not just about what happened, but how responsibility is divided.

How Can Gervelis Law Firm Help Me With My Pedestrian Accident?

Pedestrian accidents can be complicated for many different reasons. The driver who caused your accident might deny any wrongdoing and argue that you, as a pedestrian, did something careless or reckless. In other cases, the driver might claim he or she didn’t see you, which is no excuse for a negligent driver.

We know how to aggressively investigate such accidents and find the facts. We routinely visit the scene of pedestrian accidents, review accident reports, and interview witnesses whenever possible. We enlist the help of accident reconstruction specialists and other outside experts who can help support the claim.

Your case is about more than just money. It’s about holding the person responsible for your accident accountable for his or her actions. We’re ready and eager to work with you and help you get your life back on track.

Why You Should Hire a Pedestrian Accident Lawyer

In Ohio, around one-third of pedestrians were found to be at fault for a collision, meaning the vast majority of cases result from driver negligence. Franklin, Cuyahoga, and Hamilton counties reported the highest incidents of pedestrian injuries. If you were hurt while walking in Ohio, it is crucial to understand the state’s pedestrian accident laws and how they could apply to your pedestrian accident case. 

When you hire a pedestrian accident lawyer, you gain the support of an advocate who understands what it takes to see that you are fully and fairly compensated for the harm you endured. An injury attorney can independently review evidence so you are not falsely accused of contributing to your injury. Then, your Ohio pedestrian accident attorney can negotiate or litigate on your behalf, so you receive a fair settlement that reflects the harm you endured. 

FAQs

Q: Do Pedestrians Have a Right-of-Way in Ohio?

A: Ohio law generally requires drivers to yield to pedestrians who are lawfully crossing the street in marked crosswalks and at intersections. Motorists must exercise due care to avoid colliding with any pedestrian. However, pedestrians are also expected to follow traffic control devices and signals. The right-of-way depends on where and how the person is crossing.

Q: Can a Pedestrian Be at Fault for Getting Hit?

A: Yes. Under Ohio’s comparative negligence rules, a pedestrian can share fault if they were jaywalking, crossing against a signal, or stepping suddenly into traffic. If a pedestrian is found to be more than 50 percent at fault, they may be barred from recovering compensation. If they are 50 percent or less at fault, any recovery may be reduced by their percentage of responsibility.

Q: Do Pedestrians Always Legally Have the Right-of-Way?

A: No. Pedestrians do not automatically have the right-of-way in every situation. For example, crossing outside a marked crosswalk or ignoring traffic signals can shift responsibility. Both drivers and pedestrians have legal duties to follow traffic laws and act with reasonable care. In some cases, multiple parties may share liability, which would limit the amount the pedestrian can pursue.  

Q: What Injuries Can a Pedestrian Suffer From a Collision?

A: Pedestrians often suffer severe injuries because they bear the brunt of any impact. Common injuries can include traumatic brain injuries, concussions, spinal cord injuries, neck and back injuries, broken bones, internal bleeding, organ damage, and severe lacerations or road rash. Many pedestrians also experience long-term complications such as chronic pain, nerve damage, mobility limitations, and psychological trauma.

Don’t Settle for Less Than What Your Claim Is Worth

Your case is about more than just money. It’s about holding the person responsible for your accident accountable for his or her actions. We’re ready and eager to work with you and help you get your life back on track.

If you were injured or lost a loved one in an Ohio pedestrian accident, contact Gervelis Law Firm to schedule a free case evaluation. At no cost to you, a member of our team can answer your legal questions and help you weigh your options.

Do not delay! The sooner we can get to the accident scene to investigate, the better. We are ready to hear from you 24 hours a day, seven days a week. Contact us today.