Pedestrian accidents often result in severe injuries and even death. If you have been injured by a motor vehicle while walking or crossing in a crosswalk, it’s important to understand that you have rights and may be entitled to compensation. In many states, the law pertaining to pedestrian accidents can be complicated, so working with a Cincinnati pedestrian accident attorney can help you understand your legal options and help you get the compensation you need to rebuild your life after a pedestrian accident.
Did Your Own Negligence Contribute to the Accident?
It may seem obvious that the driver is at fault for your injuries. Unfortunately, this is not always the case. There are situations where you may be deemed to be at least partially responsible for the accident. For example, the following actions may be considered negligence in either Ohio or Kentucky:
- Walking on the roadway when a sidewalk is available
- Walking while intoxicated
- Crossing the road at a point other than the crosswalk
- Walking in the travel lane when a shoulder is available
If one of these situations applies to your case, it does not necessarily mean that you are barred from receiving compensation. A Cincinnati pedestrian accident attorney can review your case and determine what it may be worth.
Contributory Negligence in Ohio and Kentucky
Both Ohio and Kentucky follow what is referred to as a “comparative negligence” rule, which means you can pursue a claim if you are in any part responsible, but any compensation you are awarded may be reduced by the amount that your negligence contributed to the accident. For example, if your negligence contributed 10% to causing the accident, your compensation award will be reduced by 10%.
- Ohio follows a modified comparative negligence rule: the Plaintiff is entitled to recover compensation provided that their own negligence is responsible for 50% or less of the accident.
- Kentucky follows a pure comparative negligence rule, meaning that there are no limitations on pursuing a claim regardless of how much the plaintiff’s negligence may have contributed.
How a Cincinnati Pedestrian Accident Attorney Can Help You
If you’ve been injured in a pedestrian accident, you may be entitled to compensation for all losses related to your accident: your medical bills, your lost wages, and your pain and suffering.
Ohio Personal Injury Attorney Barbara Strady recently settled a case involving a woman who suffered severe injuries when she was struck by a bus in downtown Cincinnati in the morning. The victim suffered a crush avulsion injury and a serious degloving injury to her lower leg that required five plastic surgery procedures and extensive skin grafting. She spent over a month in the hospital and rehabilitation centers. Ultimately, Attorney Strady was able to obtain a confidential settlement for the victim to cover her medical bills, her lost income, and her pain and suffering, and permanent injuries.
Contact a Cincinnati Pedestrian Accident Attorney Today
A pedestrian accident could change your life forever. With decades of experience, the attorneys at Rittgers Rittgers & Nakajima can help you get the compensation you need to move forward. To learn more about how we can help, call us at 513-496-0134 or contact us online to schedule a free consultation.