Pedestrian rights and remedies in an accident in Ohio

In Ohio, injured pedestrians can use their legal rights to fight for justice after a traffic accident. Being hit by a car can have devastating consequences for the victim and their family. Fortunately, understanding the law can help you seek compensation if you find yourself in this challenging scenario.

Immediate steps after a pedestrian accident

Following an accident, your primary concern should be ensuring your safety and well-being. Here are some steps you can follow:

1. Seek medical attention: A medical professional can identify underlying issues.

2. Document the scene: Take photographs of the accident, your injuries and property damage. You can ask for help to achieve this.

3. Gather witness information: Collect contact details from any witnesses.

4. Obtain a police report: Ensure the accident is reported to the authorities and obtain a copy of the police report for your records.

Remember, the priority is your health. Even if you do not feel pain immediately, you could develop conditions or injuries caused by the accident. Prioritizing your well-being after the collision can help you avoid further issues.

Seeking compensation after the accident

Medical bills can add up, making paying for treatment out of pocket almost impossible. Fortunately, the law provides certain rights and protections for pedestrians. Depending on your situation, you could be entitled to compensation for:

• Medical Expenses: Covering the cost of immediate and ongoing treatment.

• Lost income: Reimbursement for missed earnings if you cannot work.

• Pain and Suffering: Monetary compensation for physical and emotional distress.

Note that Ohio follows a comparative fault system. If the court finds you partly responsible for the accident, they may reduce your compensation accordingly. For instance, if you are 20% responsible, your compensation would be reduced by 20%. Still, receiving this money can help you alleviate the costs related to the accident, such as medical bills.

Moreover, you can consult with a personal injury lawyer. An experienced attorney can evaluate your case and explain your options. Additionally, they can defend your rights and interests during insurance negotiations. Seeking legal advice can also help you answer any questions you may have.

Prevention and safety tips

While accidents are sometimes unavoidable, staying informed about pedestrian safety can reduce your risk. Here are some tips:

• Follow traffic signals: Always obey traffic lights and pedestrian signs.

• Use crosswalks: Cross streets at designated crosswalks or intersections.

• Stay visible: Wear bright clothing and use reflectors at night to improve visibility.

• Avoid distractions: Stay alert and avoid using electronic devices while walking near traffic.

Being involved in a traffic accident as a pedestrian can be a daunting experience. Still, knowing your legal rights and the steps to take can significantly ease the process. Remember to prioritize your health and contact an attorney. By doing so, you can protect yourself and seek the compensation you deserve.

What are the risks of distracted driving?

Car accidents caused by distracted driving have increased significantly over the past two decades. According to the National Highway Traffic Safety Administration (NHTSA), 3,308 people died in the United States due to distracted driving in 2022. Additionally, 424,000 people suffered injuries from such accidents in the same year.

The Ohio State Highway Patrol reported 226 distracted driving fatalities from 2017 to 2021. During that same period, the Patrol recorded over 64,000 crashes involving one or more drivers who were distracted. These numbers underscore the growing problem of distracted driving and its deadly consequences.

Distracted drivers fall into three categories

Distracted driving is not just about your phone. It involves various activities that take your attention away from the road. Here are the three main distractions:

• Visual: These occur when your eyes wander away from the road. Examples include checking the GPS, reading a text message or checking your reflection in the mirror.

• Manual: These happen when you remove your hands from the steering wheel. Examples include eating, drinking, adjusting the radio or reaching for something in the car.

• Cognitive: These occur when you fail to focus on driving. Examples include daydreaming, having a heated conversation with a passenger or thinking about work or personal issues.

Understanding these categories helps you recognize and avoid activities that could put you and others at risk.

Tips for motorists to avoid distractions

Driving requires your full attention. While some distractions are unavoidable, you can manage them to focus on the road. Here are seven tips from AAA to help you avoid distractions while driving:

1. Stay focused: Ensure that nothing diverts your attention. Keep your eyes on the road, use your mirrors and be mindful of pedestrians and cyclists.

2. Secure loose items: Store any gear or possessions that could move around the car, preventing the temptation to reach for them while driving.

3. Prepare before you leave: Adjust your seat, mirrors and climate controls before you begin your journey. Plan your route and check traffic conditions in advance.

4. Get ready at home: Complete any grooming or preparation tasks before you leave, rather than doing them while driving.

5. Eat before or after your trip: Avoid eating while driving, especially messy foods that can be difficult to handle.

6. Put your phone away: Do not text, check emails, play games or browse social media while driving. If necessary, store your phone out of reach.

7. Stop driving: If something else requires your attention, pull over to a safe location before attending to it.

Following these tips can significantly reduce the chances of being involved in a distracted driving accident. Always remember that your primary responsibility when behind the wheel is to drive safely and attentively for yourself and those around you.

Why delivery drivers in rural areas face increased safety risks

Delivery drivers working in rural Ohio may have expansive routes to travel between destinations. They may find themselves frequently driving on unfamiliar roads and may have to deliver several hundred packages each day to meet the standards enforced by their employers. Delivery drivers operating proprietary company delivery trucks often take for granted that they can safely reach each destination on their planned route.

However, if their deliveries take them to certain rural communities, they may encounter truly unsafe road conditions. Communities including Solon, Mentor, Eastlake, Medina, Wadsworth and Pepper Pike are small enough to have issues with poorly-maintained rural roads nearby. In fact, researchers have found the number of unsafe or poorly-maintained roads in Ohio has increased in recent years.

What makes country roads a hazard for delivery drivers?

Potholes and debris

Potholes can lead to tire blowouts and a sudden loss of traction. Delivery drivers could be at risk of going off the road or colliding with another vehicle either because they hit a pothole or because they swerve to avoid it.

Debris that might get picked up by street sweepers is more likely to sit unaddressed on rural roads. Crashes that leave behind pieces of vehicles, including glass, items falling off of truck beds and even pieces of broken pavement can affect a vehicle’s traction or the performance of its tires.

A lack of shoulder space

Another reason that rural roads can be somewhat dangerous is the lack of shoulder space or improper maintenance of the shoulder of the road. There may not be markers indicating the outer edge of the road, making it more likely for someone on a big truck to swerve off onto the shoulder or off the shoulder entirely.

If the shoulder crumbles or the gravel is loose, a driver could lose traction with serious consequences. Additionally, the lack of adequate shoulder space can lead to potential collisions when the driver has to leave their vehicle on the road to deliver a package.

Dangerous rural roads are simply one of many job hazards that delivery drivers in the Ohio area have to accept as part of their employment. If they end up involved in a crash or a single-vehicle incident, they may have significant injuries.

Delivery drivers involved in collisions frequently have the option of pursuing a workers’ compensation claim. Benefits can replace their wages if they are unable to work and can cover the costs of their medical care. Knowing about systems in place for the protection of those with work injuries can be very important for delivery drivers. Ultimately, those in higher-risk professions, including delivery drivers, need to be proactive about protecting themselves before and after getting hurt on the job.

How road construction increases the chances of a major wreck

The Cleveland area has numerous highways and surface streets that allow for efficient motor vehicle traffic. The infrastructure established to allow for individual transportation requires regular maintenance and improvements. Occasionally, major highways have significant construction projects that affect public safety. There are currently projects underway on three of the most-used freeways in the Greater Cleveland area, and that construction work puts everyone at risk of a crash.

For example, I-480 is currently undergoing massive resurfacing efforts in Cleveland, as well as bridge repairs that should continue into the early fall.  Resurfacing efforts and work on entrance ramps accessing I-271 have led to lane closures and detours. I-90 is the location of a bright deck replacement that has completely re-routed certain lanes of traffic.

How does highway construction temporarily increase collision risk?

Issues with zipper merging

Best practices during lane closures on the highway typically involve completing a zipper merge. Motorists proceed in the lane subject to closure until they reach signage indicating they must merge. At that point, they enter open lanes of traffic. Unfortunately, people struggle with zipper merge procedures. Some people merge too early, causing traffic backups. Others don’t want to let others in when the zipper merge is necessary, causing traffic congestion or sometimes collisions.

Concerns about rubbernecking

Major construction projects with active workers on site can be a distracting sight on the road. Some drivers can’t help but slow down and stare at the heavy machinery helping resurface or otherwise improve nearby roads. Unfortunately, people distracted by construction projects may fail to notice other vehicles stopped ahead of them or could end up rear-ended by drivers not paying attention to their surroundings.

Heavy traffic levels

Construction projects tend to slow down the flow of traffic, which leads to more vehicles in close proximity to one another on busy roads and highways. The more vehicles there are in close trucks the greater the possibility of drivers losing control or failing to monitor their surroundings and causing a crash. Slower overall speeds may also result in some drivers behaving erratically or becoming aggressive in traffic.

Motorists traveling on I-90, I-480 or I-271 may be at elevated risk of a collision with another car or even a commercial vehicle due to road work in Cleveland this summer. Adjusting personal habits by slowing down can make a major difference for those worried about crash risk caused by construction on the highways around Cleveland.

Bicycle accident hotspots in Ohio

Ohio’s scenic routes and urban landscapes offer cyclists a diverse biking experience. However, certain areas have become notorious for accidents, raising concerns for cyclist safety.

Hotspots to watch out for

Although it is always important to exercise caution when riding with traffic, some areas are more dangerous than others. Prime examples in Ohio include:

• 9, Euclid – Downtown Cleveland: A bustling area with heavy traffic, making it a challenging environment for cyclists.

• Akron, Canton: These cities report a high number of cyclist accidents due to congested roads.

• Geneva, Sandusky, Fairport Harbor, Mentor-On-The-Lake, Vermillion: These locations, despite their picturesque settings, have seen a rise in bicycle-related incidents.

• 25th – Cleveland: Known for its vibrant nightlife, this area poses risks for cyclists, especially during evening hours.

It is important to note that even roadways that are not known for bike accidents still pose dangers. A recent example involves the tragic accident where a suspected drunk driver struck and killed a 12-year-old child riding on Country Road 681.

Common injuries in cycling accidents

Cyclists in Ohio face various injuries during accidents:

• Head injuries: Including traumatic brain injuries, which can be life-altering.

• Facial and dental injuries: Often requiring extensive medical treatment.

• Spinal injuries: Potentially leading to long-term disability.

Victims of bicycle accidents in Ohio have legal avenues to seek compensation. These can include medical expenses and lost wages.

While Ohio offers many beautiful paths for cyclists, it is important for cyclists to practice safe cycling, be aware of accident hotspots, and have an understanding of their legal rights in the event of an accident. Stay informed, stay safe, and know that legal remedies are available if an accident occurs.

Where are the most dangerous places to drive in Ohio?

Car accidents can happen on any road in Ohio. However, some areas are far more dangerous than others, and knowing where car accidents are most likely to occur in our state can help you stay safer.

High-risk areas in Ohio

Certain counties in Ohio have higher crash incidents than others. According to recent data from the Ohio State Highway Patrol, these counties have been identified as having the most dangerous roads in Ohio:

• Cuyahoga County

• Franklin County

• Hamilton County

• Montgomery County

• Lucas County

Statistics from the Ohio State Highway Patrol also show that the following routes had the highest crash rates between 2023 and now:

• IR-75 (running between Hamilton and Lucas counties)

• IR-71 (running between Hamilton and Cuyahoga counties)

• IR-70 (running between Preble and Belmont counties)

• US-20 (running between Williams and Ashtabula counties)

• US-42 (also running between Hamilton and Cuyahoga counties)

Understanding these high-risk areas can help you stay more alert when driving in these areas.

What makes some areas more dangerous than others?

Several factors make certain areas more prone to accidents. Here are some key contributors:

• High traffic volume: More vehicles on the road increase the likelihood of collisions.

• Poor road conditions: Potholes, uneven surfaces and lack of proper signage can lead to accidents.

• Driver behavior: Speeding, distracted driving and driving under the influence are major causes of accidents.

• Road design: Sharp turns, narrow lanes and poorly lit areas contribute to higher accident rates.

• Natural elements: Areas with higher rates of extreme weather, wildlife and other environmental components can increase the risk of crashing.

By being aware of these factors, you can take extra precautions when driving in these conditions to avoid a severe crash. For instance, if you are driving in a busy city or during rush hour, you can give yourself more time to reach your destination. You might shift your routes to avoid congestion or construction and be especially alert on roads with animal crossings or poor visibility.

Understanding the areas with particularly dangerous driving conditions can allow you to make informed decisions and drive more safely. While we cannot control the reckless or negligent actions of others, we can use this information to avoid high-risk situations.

Is Ohio A No-Fault State

The Impact Of Ohio’s No-Fault Status On Accident Claims

The legal aftermath of car accidents can be confusing, especially in Ohio. People commonly ask, “Is Ohio a no-fault state?” This topic is often asked, and rightly so, given its impact on accident claims. At Karp Steiger Co., LPA, our personal injury lawyers understand Ohio’s auto accident laws and can help individuals in need.

Quick Summary

Below is an overview of key points in this blog post article:

• Understanding the concept of a no-fault state and how it affects insurance claims.

• Explaining what being in a no-fault state means for car insurance and claims.

• Clarifying the process of filing a no-fault car insurance claim.

• Establishing that Ohio is not a no-fault state and explaining its Tort System.

• Outlining the minimum liability insurance requirements in Ohio.

• Describing the claims process in an at-fault state like Ohio.

• Highlighting the elements of negligence to prove fault in an accident case.

• Explaining how comparative negligence works in Ohio.

• Discussing Ohio’s statute of limitations for car accident injury claims.

• Covering Ohio’s auto insurance laws, including minimum requirements and regulations.

• Explaining reporting requirements and damage caps in Ohio.

Don’t let the confusion surrounding Ohio’s no-fault status deter you from seeking justice. Contact Karp Steiger Co., LPA today for a risk-free consultation, and let us help you navigate the legal maze after a vehicular accident. Your peace of mind is our top priority.

What Is A No-Fault State?

In no-fault states, insurance claims work differently. Every driver must have minimal Personal Injury Protection (PIP) insurance. Regardless of who caused the accident, you must file a claim with your insurance company if you are injured.

In no-fault states, personal injury claims are widespread. Injuries and losses above your PIP coverage can be recovered from the at-fault driver. Many states have a $10,000 minimum PIP coverage, although catastrophic accidents can result in medical bills and lost income considerably above this amount.

What Does Being A No-Fault State Mean For Car Insurance?

Driving in a no-fault state requires Personal Injury Protection (PIP), the first policy that covers auto accident injuries. In these states, drivers must have property damage liability.

Personal Injury Protection, or no-fault insurance, simplifies accident payments. A no-fault state doesn’t care who’s at fault.

If you’re injured in an accident, submit a PIP claim first, not with the at-fault driver’s insurance carrier. No-fault auto insurance doesn’t assign blame, which is different. Instead, it covers losses through PIP up to your policy limits and deductible.

How Does A No-Fault Car Insurance Claim Work?

Instead of taking legal action against the responsible party, you’ll initiate the process with your own insurance company. In no-fault states, you don’t need to be concerned about the possibility of the other driver’s insurance company rejecting your claim or trying to reduce its value.

However, there is a possibility that your own PIP provider could raise concerns or seek to lower the value of your claim.

Is Ohio A No-Fault State?

No, Ohio does not operate under a no-fault car insurance system. Instead, Ohio follows what’s called the Tort System, which means it’s an at-fault state. In practical terms, this means that if there’s a car accident, the driver who is determined to be at fault is held responsible for the damages resulting from the accident.

In Ohio, drivers are obligated to have at least the following minimum liability insurance coverage:

• $25,000 coverage for bodily injury per person in an accident

• $50,000 total bodily injury coverage per accident

• $25,000 coverage for property damage

As Ohio follows an at-fault system, your course of action after an accident is to either file a claim with the insurance company of the responsible party or take legal action by suing the driver directly.

How Are The Claims For Car Accident Injuries In An At-Fault State Work?

If the other driver caused your vehicle accident, you may be wondering how to get compensation. In Ohio, the fault system decides who pays for vehicle accident damages. Here’s what you need to know:

Directly File A Claim With The At-Fault Driver’s Insurance

In Ohio and other at-fault states, you need not call your insurer. The accident driver’s insurance company can be contacted directly.

Insurance Company Investigation

The insurance company will decide fault and damage and injury extent. They may require medical bills, records, and your accident statement.

Settlement Offers

Usually, the insurance company will compensate your losses if the at-fault driver is culpable. Before accepting a settlement offer, call our Ohio personal injury attorney. They may give less than you deserve.

Legal Action If Necessary

You may sue the at-fault driver if the insurance company refuses your claim or offers a low compensation. You need a competent personal injury attorney to navigate the legal procedure and safeguard your rights.

How Can I Prove Fault In Ohio?

To prove accountability in an Ohio car collision, the other motorist must have been negligent. Establish one of the four negligence elements to do this:

Duty Of Care

Establishing negligence begins with determining whether the defendant owed the plaintiff a legal duty of care. The plaintiff-defendant relationship may create a legal duty.

When the law recognizes a relationship between two people, one participant must exhibit the same reasonable care as another in a similar scenario.

Breach Of Duty

The court determines whether the defendant breached this responsibility by taking or not taking activities that an ordinary person would take in a similar situation. If an average person:

• Possessed the same knowledge as the defendant at that moment.

• Recognized that their actions might result in injury to another person.

• Would have taken a different course of action compared to what the defendant did in that specific situation.

Causation (Cause In Fact)

Causation, the third element of negligence, requires proof that the defendant’s negligence caused the plaintiff’s injuries and losses. Also important is whether the defendant might have reasonably foreseen that their acts would injure others.

If the defendant’s activities triggered an unanticipated act of nature, it may relieve them from culpability.

Damages

Damages complete a negligence claim. The plaintiff suffered suffering or losses that a reasonable person in a similar situation may anticipate. Financial compensation is often the main remedy for such damage.

Damages may include medical bills, lost income, mental distress, and other losses.

How Can I Prove Fault In My Car Accident Injury Claim?

There are multiple ways to demonstrate fault in a case. Our competent legal team can collect evidence to support the argument that the other driver was responsible, including:

• A police report assigning fault to the other driver or issuing a traffic citation to them.

• Photographs of the accident scene, revealing the collision point and vehicle damage.

• Video evidence from dash cameras, traffic cameras, or surveillance footage.

• Cell phone records indicating the other driver’s use of cell phone data around the time of the accident.

• Medical records revealing impairment by drugs or alcohol on the part of the other driver.

• Testimonies from witnesses who observed negligent actions by the other driver.

Our personal injury lawyer in Ohio will additionally compile proof illustrating the impact of the accident on you and the expenses you incurred.

What Are The Recoverable Damages For My Car Accident Injury Claim In Ohio?

If someone else caused an Ohio car accident that hurt you or a family member, you can sue them for damages.They must provide sums specified by Ohio’s personal injury laws.  Two types of recoverable losses exist: economic and non-economic damages.

Economic Damages

Car accidents can cause economic damages, which are cash losses. Actual monetary expenses make these harms easy to calculate. You can sue for these common economic losses in Ohio:

• Emergency Medical Help: If you require rapid medical attention after an accident, you can recover charges for ambulance services, emergency room treatment, and other treatments.

• Prescription Medication: The cost of any prescribed medications you need to manage your injuries or aid in your recovery can be included in your claim.

• Medical Devices: Expenses for medical equipment like braces, crutches, or wheelchairs are recoverable if necessary due to injuries.

• Therapeutic Programs and Intervention: You can claim therapy, counseling, and rehabilitation charges. Physical, occupational, and mental health therapy are included.

• Damaged Property: If your vehicle or personal property was damaged in the accident, you can seek compensation for the repair or replacement costs.

• Loss of Earnings: If the accident caused time off work, limited earning capability, or permanent disability, you might seek compensation for lost or future income.

Non-Economic Damages

The vehicle accident caused non-economic damages, which are less tangible but nevertheless significant. These damages cover the accident’s physical and emotional effects. Common non-economic damages you can sue for:

• Pain and Suffering: This encompasses the physical pain, discomfort, and emotional distress you’ve experienced due to the accident and your injuries.

• Emotional Distress: In addition to pain and suffering, accidents can cause anxiety, sadness, and other psychological effects.

• Loss of Enjoyment of Life: Compensation may be available if the accident has reduced your enjoyment of life’s interests, hobbies, or relationships.

• Loss of Consortium: A loss of consortium refers to the impact of the injury on your relationship with your spouse, including loss of companionship, love, and support.

• Scarring and Disfigurement: If your injury caused noticeable scars or disfigurement, you can seek compensation for the physical and emotional impact on your appearance.

How To Calculate My Potential Financial Recovery?

It involves more than insurance companies and drivers. Legal teams also intervene. A personal injury attorney from our firm will defend your victim rights.

Our attorney will investigate, identify the guilty party, evaluate the law, and negotiate. Ohio has a fault-based system, but personal injury and insurance rules are complicated. Complex legal and financial issues can be time-consuming and exhausting. Hire one of our Ohio personal injury lawyers to ease the load and focus on family and healing.

How Does Comparative Negligence Work In Ohio?

The Ohio legal system uses comparative negligence. When an accident involves shared blame, compensation is based on each party’s fault. This system assigns each party a percentage of fault based on their accident contribution.

One motorist may be 70% culpable for an accident, while the other may be 30%. Compensation will be split appropriately. In Ohio, your compensation will be lowered by your percentage of culpability for an accident.

If you are 20% at fault for a $10,000 accident, your reimbursement will be reduced to $8,000. Ohio’s 51% rule states that you cannot claim damages if you are 51% or more culpable for the accident.

Thus, working with a skilled personal injury attorney can assist you prove the other party’s negligence and reduce your liability.

What Is Ohio’s Statute Of Limitations For Car Accident Injury Claims?

The statute of limitations is essentially a deadline by which you must initiate a lawsuit for specific types of legal claims. In the context of a car accident in Ohio, the statute of limitations typically spans two years. This means you have only two years to initiate a lawsuit against the driver who acted negligently.

This relatively short time frame doesn’t provide much room to complete all the necessary steps involved in pursuing a legal claim, including:

• Conducting an accident investigation

• Commencing and completing medical treatment

• Identifying all individuals who might be responsible

• Collecting strong evidence to prove fault

• Assembling details about the impact of the accident on you

• Engaging with insurance companies and submitting claims

• Negotiating for equitable compensation

Our skilled Ohio car accident attorney at Karp Steiger Co., LPA, is here to assist in advancing your claim and keeping track of crucial case deadlines, allowing you to concentrate on your recuperation.

What Are Ohio Auto Insurance Laws And Regulations?

In Ohio, every driver is required to have the minimum liability insurance coverage to be legally allowed to drive in the state. This type of insurance is designed to cover expenses incurred by someone else due to the driver’s negligence.

As outlined by the Ohio Bureau of Motor Vehicles, the minimum insurance requirements include:

• $25,000 to cover bodily injury or death of one person

• $50,000 to cover bodily injury or death of multiple people

• $25,000 for property damage per accident

Not having insurance coverage meeting these minimum requirements can lead to legal penalties for a driver. There are a few additional Ohio car accident laws that it’s important to be aware of:

Reporting Requirements

In Ohio, any accident must be reported to the police. This rule applies to accidents causing bodily injury, death, or property damage exceeding $100.

Damage Caps

Ohio law places limits on the amount you can recover for non-economic damages such as pain and suffering. This cap is set at $250,000 or three times your economic damages (up to $350,000), whichever is greater unless you suffered a catastrophic injury. Punitive damages, if applicable, are limited to twice your economic and non-economic damages.

Our knowledgeable Ohio personal injury attorney can clarify the different Ohio car accident laws that pertain to your situation and discuss their potential effects on your case.

Advocating For Your Rights After A Vehicular Accident In Ohio

When it comes to addressing the aftermath of car accidents in Ohio, understanding whether Ohio is a no-fault state is just the tip of the iceberg. The intricacies of insurance claims, medical bills, and legal proceedings can be overwhelmingly complex. That’s where Karp Steiger Co., LPA stands out as a beacon of hope for accident victims.

With our unmatched legal experience, we not only answer the pressing question of “Is Ohio a no-fault state” but also guide you through every step of the legal journey. At Karp Steiger Co., LPA, we take pride in being more than just legal representatives. We are your advocates, your partners in seeking justice, and your trusted allies in times of need.

Our commitment to providing unparalleled legal services in the realm of car accidents in Ohio is unwavering. We believe that every client deserves the best possible outcome, and we tirelessly work to achieve that. So, if you or a loved one has been involved in an accident in Ohio, reach out to us today for a risk-free consultation.

Let us put our experience to work for you, and together, we can navigate the challenges that Ohio’s no-fault status may present. Our law firm can also represent you in Sex Abuse, Nursing Home Abuse, Highway Accidents, and Medical Malpractice. Your peace of mind is our ultimate goal.