Pedestrian accidents occur when a pedestrian and motor vehicle or truck crash. Thousands of pedestrians are injured in these accidents yearly. The fault of the accident can be attributed to multiple factors including pedestrian and/or vehicle negligence, disobeying traffic signals, unfavorable driving conditions, or ineffective traffic signs.
The Responsibilities of a Driver to a Pedestrian
The main responsibility a driver owes to pedestrians is to obey driving laws, and to drive carefully. In efforts to drive safely, it is suggested a driver follows basic road rules such as:
- Always remain alert
- Obey speed limits according to current weather conditions including rain, snow, hail, and sun
- Refrain from using technological devices such as cell phones, GPS navigation systems, and other distracting gadgets
- Exercise caution in areas partial to pedestrians such as parking lots and busy intersections
- Refrain from driving fatigued (link to that article)
- Be attentive to pedestrians not obeying traffic laws that are likely to jaywalk and walk through traffic lights
The Responsibilities of a Pedestrian to a Driver
Under Ohio Revised Code, a pedestrian has certain rights they are permitted and given guidelines they are advised to follow. The majority of pedestrian and vehicle accidents occur in the evening. Because of this, it is suggested pedestrians wear bright, reflective clothing to be evidently seen by drivers. The pedestrian is also responsible for basic traffic rules including:
- Follow traffic signals accordingly such as walking when the signal reads “walk”
- Remain in the crosswalk at all times when crossing
- Refrain from using technological devices such as cell phones or other distracting gadgets when crossing
- Cross when given the “right of way,” like that in instances where oncoming traffic is stopped at a red light or stop sign. A pedestrians’ “right of way” is determined through local and state laws best explained by an experienced attorney.
- Be cautious of vehicles that may or may not see you
Is the Driver or Pedestrian at Fault?
The degree of fault is determined by various factors. The negligence of the party who caused the accident is generally held responsible. The negligence is often times unclear and proper fault is not administered until an appropriate hearing. The accident will have to be investigated accordingly to determine the party at fault.
Dennis Sawan is an experienced attorney who can assist you with your pedestrian accident case. He understands the severity of your case, and will thoroughly explain your legal options in accordance to state and federal law. Through proper guidance during a complicated process involving insurance agencies, let Dennis Sawan provide you with a personal and professional strategy.
Call today for a free consultation (419) 900-0955.