When an accident between a vehicle and a pedestrian occurs, who do you think wins? According to the Ohio State Highway Patrol, in 2024, there were 2,696 pedestrian-related accidents in the state, and the preliminary adjusted number of fatalities for 2024, as reported by the Governors Highway Safety Association, is 128. Injuries incurred in a pedestrian-vehicle accident can be severe — broken bones, contusions, neck, back, and spine injuries, brain injuries (called TBI), and internal organ damage. Other injuries may include lacerations, dislocations, and sprains. That’s why, if you have been struck and injured by a vehicle while you were walking, you should contact a pedestrian accident attorney. Ohio’s statute of limitations for filing a personal injury claim is two years, so it’s best to act quickly.
Common pedestrian accident injuries:
- Head and brain. Concussions, skull fractures, TBIs (traumatic brain injuries), and hematomas (blood around the brain). Long-term effects can include memory problems, sensitivity to light and sound, cognitive impairments, seizures, motor function issues, and personality changes.
- Spine and back. Severe spine and back injuries can cause partial or full paralysis.
- Organ damage. Damage to the liver, spleen, kidneys, and lungs can cause internal bleeding and organ failure.
- Internal bleeding. Internal bleeding in the brain, chest, and abdomen can quickly become life-threatening.
- Fractures. Pedestrian accident victims can suffer fractures to their upper and lower extremities, leading to possible surgery and long-term rehabilitation.
All of these injuries can leave chronic pain, severe disabilities, in-home and transportation modifications, and ongoing medical treatment.
Steps to Take Immediately After a Pedestrian Accident
If you are struck by a vehicle while you are walking, call 911, or ask a witness to do so. Hopefully, the driver will remain at the scene; if not, try to get a description of the vehicle. Understandably, you may be in shock or too severely injured to respond. Hopefully, others witnessed the accident and can provide accounts. The police may also be able to obtain footage from surveillance cameras in the surrounding area. You should be seen at an ER or urgent care clinic no matter what. After an accident, you may be in shock and operating on pure adrenaline, which can hide more serious injuries. Getting a prompt medical evaluation will give you a more accurate picture of the extent of damage, what type of treatment you’ll need, and help support your personal injury case.
What to Expect When Working With a Pedestrian Injury Lawyer
When your pedestrian injury attorney meets with you, they will get your account of the accident. They will obtain your medical records and reports from law enforcement, witnesses, and first responders. Your attorney will ask you to sign medical records release forms, HIPAA disclosure forms, and any other permissions they will need to gather data on your behalf. Your attorney will file a claim against the at-fault driver’s insurance company. They will seek to recover compensatory damages, which include economic and non-economic damages. Economic damages include medical expenses, loss of wages, loss of future wages, and any other out-of-pocket costs. Non-economic damage is compensation for pain and suffering, PTSD, anxiety, depression, and other factors that impact your quality of life. In some instances, for example, if a drunk driver struck you, you may receive punitive damages, which punish the driver for their reckless conduct.
Protect Yourself from Insurance Tactics After a Pedestrian Accident
The driver’s insurance company could try to shift part of the blame for the accident to you. They could claim you were wearing dark clothing at night, thereby reducing visibility for the driver. Or, they could say you were wearing headphones and were distracted (even if you were in a clearly marked crosswalk with a green light). Please don’t stoop to their level. Forward the insurance company’s inquiries to your pedestrian accident lawyer. Another piece of advice is not to discuss your accident on social media. The insurance company could search your socials, and your posts could be used against you.
Understanding Damages in Ohio Pedestrian Injury Cases
As far as damages amounts go, in Ohio, you can receive economic damages for medical expenses, ongoing medical treatment, lost wages, and future lost wages. Non-economic damages are capped at $250,000 or three times the amount of economic damage. If you are awarded punitive damages, they are capped at twice the amount of compensatory damages or $350,000. If, however, your injuries are “catastrophic,” the cap will be waived.
Aggressive Representation for Ohio Pedestrian Injury Claims
If you need a Columbus pedestrian accident attorney, contact Oliver Law Office at 614-220-9100 or use our online contact form to schedule a free consultation. We have offices in Columbus and Dublin. We’ll discuss your case and craft a legal strategy. Our experienced personal injury attorneys will stand behind you to get the justice and compensation you deserve. And, if we don’t win your case, we don’t get paid a fee. What have you got to lose?
