On any day in Ohio, pedestrians occupy many of the same streets and roadways as motorcyclists, bicyclists, and drivers of cars and trucks. Whether they use the crosswalks or the roads, pedestrians and cyclists are especially vulnerable to serious collisions with motor vehicles and heavy trucks. Despite the extra caution some drivers take, accidents involving pedestrians happen too frequently.
According to the National Highway Transportation Safety Administration (NHTSA), an estimated 55,000 pedestrians suffered injuries in 2020, a 28% increase from 2019. A total of 6,516 people in the U.S. were killed in 2020, and Ohioans made up almost 13% of these fatalities.
Who Is at Fault If A Pedestrian Gets Hit?
Crossing a busy street can be dangerous, and many pedestrians use caution by taking crosswalks when they are available. Also, since childhood, most of us have been taught to wait for the WALK signal when there is a traffic light at an intersection. However, a designated crosswalk does not guarantee safety for anyone wanting to get to the other side of the street on foot.
The Ohio legislature provides language covering pedestrian control signals at crosswalks. Some people might not know that a pedestrian facing the signal may start crossing the intersection when they first see the “walk” indicator come on. However, according to Ohio state law, [t]he pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the time that the walking person signal indication is first shown.
Based on this legal language, pedestrians do not always have the right of way when entering a crosswalk. Moreover, they might not be entitled to financial compensation if struck by a vehicle within a marked crosswalk. For instance, if a pedestrian crosses at the WALK signal and is hit by a car already within the intersection, state law could challenge their personal injury claim.
Like most people, you are a pedestrian every once in a while, and you might expect the law to protect you when walking for transportation. However, it is best not to take your safety for granted. When you are on foot and crossing any intersection, pay attention, watch the children with you, and anticipate cars.
If you are injured by a motor vehicle, speak to our personal injury law firm to learn about your options under the law. The experienced lawyers at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., can answer all your questions and represent your best interests if you decide to file a claim.