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Many people consider traveling on foot a much more health-conscious, affordable, and safe method of transportation. However, mishaps can happen anywhere. This is especially true on sidewalks or paths shared with other pedestrians, bikers, or runners since they could crash into you. In addition, careless motorists could careen into you at a crosswalk at any moment. Because pedestrians are not offered the same protections as those in motor vehicles, the consequences of a collision could be catastrophic for those traveling on foot.
If this is your experience, a Marietta pedestrian accident lawyer is here to help. A personal injury attorney understands your economic needs after an accident and can help you pursue damages from those responsible. You do not have to take legal action alone. Call our firm today to get started.
Pedestrians are no match against vehicles barreling toward them. On impact, bones are often broken, and brain and spinal cord injuries are likely. In more serious cases, even death can occur. Severe injuries can require a lifetime of expensive medical care and time away from work. If another party’s reckless actions caused your harm, you should not have to shoulder these burdens. Our Marietta attorneys are tireless advocates who work to get every dollar a pedestrian deserves from a reckless motorist or insurance company.
Some common pedestrian accidents include:
Every time someone gets behind the wheel of a vehicle, they assume a responsibility to drive carefully and responsibly. Reckless or distracted driving is a direct breach of this expectation. Our skilled attorneys can fight for fair compensation if a motorist causes a pedestrian accident in Marietta.
Using the comparative negligence rule, Ohio allocates blame to determine the plaintiff’s recoverable damages in personal injury cases. This means a jury will consider all evidence and decide what percentage of fault belongs to the plaintiff and the defendant. If a plaintiff is less than 50 percent responsible for an accident, he or she can be compensated for harm caused. However, the damages award will be reduced by the percentage of fault assigned to the plaintiff.
For example, if an intoxicated driver was speeding and crashed into a pedestrian crossing against a red light, a jury could hold them both partially responsible for the accident. While the person operating the car is likely more at fault, the pedestrian should not have been crossing the street.
If the jury awards $1,000,000 for this case, and assigns 90 percent blame to the driver, and 10 percent blame to the pedestrian, the award amount will be reduced proportionately to these percentages of fault. Therefore, the award amount will be reduced to $900,000. If someone has further questions about how comparative negligence may play a role in a pedestrian accident case, he or she should contact a knowledgeable Marietta attorney.
Juries award compensatory damages in personal injury lawsuits. These damages are divided into economic and non-economic losses.
Economic damages are losses that have settled values, such as hospital bills, lost wages, and property damages. Non-economic damages are losses that do not have settled values, such as emotional damage.
The plaintiff is not automatically entitled to punitive damages; his or her attorney must plead them and show the defendant’s actions were egregious. While compensatory damages attempt to restore the plaintiff to their position before the accident, punitive damages punish defendants for bad behavior and dissuade others from acting with wanton disregard for others.
According to Section 2315.21 of Ohio’s Revised Code, punitive damages are generally capped at two times the compensatory damages award. To discuss how much a pedestrian accident claim might be worth, contact a knowledgeable Marietta attorney.
A pedestrian accident has the potential to cause severe, life-altering harm. On top of this, you may be left unable to work and forced to pay expensive medical bills for the foreseeable future. You should not have to cover the related costs of an accident that was not your fault.
Thankfully, a Marietta pedestrian accident lawyer has the experience and expertise to guide you through your case successfully. Our attorneys are seasoned negotiators and will not back down if insurance settlements are inadequate. Let us fight for what is right on your behalf. Contact us today to schedule your initial consultation.
Jan Dils, Attorneys at Law