Crossing the street, or walking on the sidewalk for that matter, has not been more dangerous in decades than it is today. As car traffic increases, and cell phone use causes distractions, pedestrians are the ones that pay the price. If you were injured by a distracted, impatient, careless, reckless, or speeding driver, you have the right to pursue compensation for your injuries, pain and suffering, and other significant damages. The professional Toledo crosswalk accident attorneys of Groth & Associates are here to represent you both in and out of court to help you receive maximum financial compensation.
NEGLIGENCE & COMPARATIVE NEGLIGENCE
The driver who hit you, assuming that they were the one who caused the collision, is called the “negligent” party. Ohio follows a system of comparative negligence. This means that if two parties are involved in a collision, and both parties share some blame, the least responsible party will be able to recover compensation, while the other cannot, assuming that their level of negligence is 50 percent or more. Comparative negligence also means that the injured victim may be held accountable for a portion of the negligence. If you are found 10 percent at fault, that means that you will only be able to receive 90 percent of the damages that you are owed. We work tirelessly to ensure that you are not wrongly held liable for any portion of the incident so that you are able to collect everything that you should from the careless or reckless driver.
PEDESTRIANS ARE AT A DISADVANTAGE
You would think that when a pedestrian is struck by a car, the driver would automatically be held accountable unless proven otherwise, since they are the ones operating the potentially lethal vehicle. While that may be the system in some countries, the truth is that here in the U.S., pedestrians are at a serious disadvantage not only when it comes to being hit (the car driver suffers no injuries of course), but also legally. Jaywalking laws discriminate against pedestrians and walking at night, while not against the law, is a common excuse that drivers use to skirt their responsibility. However, one of the most detrimental things to your case could simply be the driver’s fabrication about what happened.
HOW DID IT HAPPEN? HOLDING THE NEGLIGENT PARTY ACCOUNTABLE
Often, the pedestrian is so badly injured that they cannot give their statement to the police at the scene of the collision, whereas the driver, who suffered no serious injuries at all, will be able to stay at the scene and give their full statement to law enforcement. The police, even weeks later when you are able to respond, may never even ask your account of what happened. Pedestrian collisions bring out the worst in drivers by providing them with an option to either get away or to lie about what happened. As an example, 60 percent of fatal hit and runs victims are pedestrians, according to AAA. If you give the negligent party a chance to get away or to make up a story that absolves them from guilt, they will most likely take it. Because of that, our legal team employs the following to ensure that you are not blamed for an incident that you did not cause:
- Close communication with law enforcement;
- Employment of expert witnesses and forensic crash experts;
- Analysis of your injuries and crash scene re-creation to show what really happened;
- Analysis of the driver’s prior infractions and driving record to show poor history of driving; and
- Communication with witnesses.
Due to the severe mass of a car or truck, and the utter lack of protection that a thin layer of clothing offers to the human body, pedestrian and crosswalk injuries are often quite severe, and commonly include spinal cord damage, traumatic brain injuries, fractured limbs, whiplash, contusions, and more.
Contact a Toledo Pedestrian Accident Attorney at Once for Financial Compensation
Pedestrians, as a transportation group, account for just 2.8 percent of trips, yet account for 15 percent of all traffic fatality victims, according to the Census and the National Highway Traffic Safety Administration, respectively. This shows the great and inexcusable danger that exists with a simple stroll down the block, a threat that you now know all too well. To hold the negligent party accountable for their egregious behavior, you need to work closely with an attorney that has experience delivering results to clients that have been in your shoes. Contact the compassionate pedestrian accident attorneys in Toledo with Groth & Associates today for help.