How Comparative Negligence Affects Pedestrian Claims in Ohio

Getting hit as a pedestrian is traumatic. In the aftermath of the accident, you may be facing medical bills, lost income, and emotional stress. Naturally, you want to be compensated for those losses, especially if the driver was at fault. But what if you also played a role, even a small one, in what happened? That’s where Ohio’s comparative negligence rules come in. Understanding how these rules work and how they may impact your case is essential so that you can know what to expect in compensation.

Comparative Negligence in Ohio

Ohio follows a modified comparative negligence system, which splits responsibility between the parties involved in an accident. The state’s law, as outlined in Ohio Revised Code Section 2315.33, allows a pedestrian or other injured party to pursue compensation even if they share fault, as long as they are not more than 50% responsible.

For example, imagine a pedestrian steps outside a marked crosswalk and a speeding driver hits them. In such a case, both the pedestrian and driver may be considered at fault because the pedestrian didn’t use the crosswalk, and the driver was speeding. If it is determined that the pedestrian is 20% at fault, their compensation is reduced by 20%. Thus, they will recover 80% of their damages from the driver. So, if they sustained $100,000 in losses, and they were 20% at fault, they would typically receive $80,000. The reverse is also true. If a jury finds the pedestrian 80% at fault for the accident, they will be awarded nothing.

Comparative negligence ensures that partial fault doesn’t automatically prevent an injured party from receiving justice while still keeping recovery proportions to their responsibility.

How Fault Is Established in Ohio

Assigning fault in pedestrian accidents can be complicated. It usually involves several types of evidence, including:

• Police and accident reports
• Eyewitness accounts
• Surveillance or traffic camera footage
• Expert testimony
• Medical records and accident scene photos

Insurance companies also investigate the accident, determine who was responsible, and propose their own fault percentages. That’s why legal representation matters. An experienced attorney can investigate the accident and uncover evidence that disputes the insurance or the other party’s claims, either reducing your share of fault or showing that the other party bears most or all the blame for the accident. The attorney can also ensure your damages are accurately calculated.

Deadlines for Filing a Pedestrian Accident Claim in Ohio

Timing is critical when pursuing a pedestrian accident claim. According to Ohio Revised Code 2305.10, most personal injury lawsuits must be filed within two years of the accident. If you miss this deadline, you may lose the right to pursue compensation through the courts. But like most laws, there are exceptions. If the injured party is a minor, the clock starts when they turn 18. In wrongful death cases, it begins on the date of death. It is advisable to act immediately after the accident to ensure evidence is preserved and your claim remains valid.

Contact Our Columbus Pedestrian Accident Attorney

If you or a loved one has been injured in a pedestrian accident, contact our Columbus pedestrian accident attorney at the law office of Brian G. Miller CO., L.L.C., today to discuss your case and protect your rights.