A recent fatal pedestrian accident has highlighted the risk and need for safety improvements in Cincinnati, Ohio. A 19-year-old pedestrian was struck by a Cincinnati Police Department vehicle in the Spring Grove Village area. The young man was pronounced dead upon arrival at UC Medical Center.
Pedestrian accidents have been, and continue to be, a problem on the streets of Cincinnati and throughout Ohio. In 2023, there were 2,479 reported pedestrian-involved crashes across the state. Accidents involving them and motor vehicles often result in serious injuries or death for pedestrians.
Our Cincinnati personal injury lawyer at Young, Reverman & Bolotin understand the physical, emotional, and financial toll that pedestrian accidents may take on victims and their families. If you have been injured in such an accident, or lost a loved one in a fatal pedestrian crash, contact us today to discuss your options. Call 513-400-0000 for a FREE initial consultation.
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What Risks Do Pedestrians Face on the Road?
Due to their lack of exterior protection, pedestrians are particularly vulnerable on the road. Factors such as driver error and negligence, roadway design and conditions, and their own behaviors can impact pedestrians’ safety.
Driver Error and Negligence
Driver errors and negligence put motorists themselves at risk, as well as others, including pedestrians. They may have an increased risk of causing serious or fatal accidents if distracted, impaired, or speeding.
When he struck the pedestrian, the officer involved in the accident was responding to another call, and had his lights and sirens on.
Roadway Design and Conditions
Issues with roadway design and conditions also create hazards for pedestrians on the road. Many areas lack pedestrian infrastructure, such as sidewalks, crosswalks, and traffic signals, that helps prevent pedestrian accidents. Inadequate lighting on poorly lit roads can make it difficult for drivers to see pedestrians. Likewise, trees, bushes, parked cars, or other items can block the view of drivers and pedestrians, which may increase the risk of accidents.
Lack of adequate infrastructure and obstructed sight lines may have played a role in the recent fatal collision in Cincinnati. The pedestrian was crossing the street in front of a Metro bus when he was hit by a Cincinnati Police Department vehicle. There is no crosswalk, lights, or other signals near the bus stop where the accident occurred.
Pedestrian Behavior
Sometimes, things pedestrians themselves do or don’t do may contribute to their risk of getting hit by cars. Jaywalking, walking in the roadway, wearing dark clothing, and even using electronic devices while walking, can increase the danger pedestrians face while on the road.
In the case of the recent fatal pedestrian accident in Spring Grove Village, the young man was crossing the street outside a designated crosswalk when he was hit.
When Are Drivers Liable for Pedestrian Accidents?
Drivers in Ohio pedestrian accidents may be liable if they are at fault for causing them. For example, they may cause various types of car accident injuries in cases when they fail to yield to a pedestrian in a crosswalk, text while driving, drive under the influence, speed, or tailgate, among other reckless actions.
Who Is Liable When Law Enforcement Cause Collisions?
While often exempt from certain traffic laws, law enforcement officers may still be held liable for accidents they cause. If a law enforcement officer’s negligence or reckless driving leads to a pedestrian accident, the injured party may have a claim against the officer or the government entity they work for.
When responding to emergency calls, law enforcement use as much care as possible. At last report, the investigation into the Spring Grove Village pedestrian accident did not indicate any wrong-doing on the part of the law enforcement officer who was involved.
What Role Does Urban Planning Play in Pedestrian Safety?
Urban planning plays a vital role in creating safe and pedestrian-friendly environments. Some key strategies that aid with this include building sidewalks and crosswalks, which provide safe and accessible pathways for pedestrians to move around. Prioritizing the needs of pedestrians, by designing streets for people as well as for cars, may help increase safety and reduce the risk of pedestrian-car accidents. It’s also helpful to implement traffic-calming measures, like speed bumps or traffic circles, and to encourage public transportation and walking.
Can You Sue for Poor Road Design?
In some cases, poor road design or maintenance can contribute to pedestrian accidents. If a dangerous road condition, such as a poorly marked crosswalk or inadequate lighting, is a direct cause of an accident, the responsible government agency may be held liable. An experienced pedestrian and bicycle accident lawyer can help those injured, or the families of those killed, determine if a claim for damages can be made against the responsible party.
Neighborhood Residents Seek Safety Improvements
Neighborhood residents in the area where the recent fatal pedestrian accident occurred point to the tragic event as further evidence of an issue that needs to be addressed. With a bus stop and without a crosswalk, one resident says people regularly jaywalk to get to the stop. Neighborhood residents suggest the area needs a crosswalk, stop light, or some other signal to help improve safety and prevent future fatal accidents like the one that recently occurred.
What Are Your Options After a Pedestrian Accident in Ohio?
Pedestrian accidents can leave people and families struggling with severe, and unexpected consequences. Whether suddenly out of work to recover from an injury, or dealing with the sudden loss of a family member, those involved in pedestrian accidents may face undue physical, emotional, and financial burdens. They have options, however, including pursuing an insurance claim, filing a personal injury lawsuit, or filing a wrongful death lawsuit.
Filing a Personal Injury Lawsuit
Those injured in pedestrian accidents may be able to file personal injury lawsuits to recover damages for their economic and non-economic losses. For example, these may include the costs of associated medical expenses, lost wages, and pain and suffering.
To successfully recover compensation in a personal injury lawsuit, those injured will need to prove the defendants acted negligently. Police reports, medical records, witness statements, and other such evidence may aid in establishing:
- A duty of care existed between the driver and the pedestrian
- The driver breached the duty of care
- The pedestrian suffered injury as a direct result of the breach of duty
- The pedestrian incurred actual damages due to the injury
An experienced motor vehicle accident lawyer can help file a claim with the at-fault driver’s insurance company and negotiate for a full and fair settlement. If one cannot be reached, a lawyer will aid with filing a legal action to pursue compensation.
What Is the Time Limit for Filing a Pedestrian Accident Lawsuit?
Injury victims in Ohio generally have up to two years after a pedestrian accident to file a lawsuit. If they do not file their lawsuit within the allowed time frame, it may be barred by the court.
Filing a Wrongful Death Lawsuit
The families of pedestrians killed in accidents with vehicles also have a right to pursue compensation. Through a wrongful death lawsuit, certain surviving family members may recover compensation for the damages they and the decedent’s estate suffered due to the untimely death.
Who Can File a Wrongful Death Lawsuit in Ohio?
In Ohio, a wrongful death lawsuit may be filed by specific family members of the deceased pedestrian. Those who may be entitled to such action include the surviving spouse and children of the deceased. If there is no surviving spouse or children, the parents of someone killed in a pedestrian accident may be eligible to file a wrongful death lawsuit.
In addition to certain family members, the decedent’s estate may also seek to recover damages relating to the death. An experienced attorney can help you understand who can file a wrongful death lawsuit in Cincinnati.
What Damages Can You Recover in a Wrongful Death Lawsuit?
Family members and the decedent’s estate may seek to recover compensation for varying losses incurred due to the wrongful death. For example, the average settlement for a wrongful death case in Ohio on behalf of a surviving spouse may seek damages for loss of companionship, loss of support, and other losses resulting from the death of their partner. The children of pedestrians hit and killed by motor vehicles may seek to recover damages for the loss of parental guidance, support, and love.
Sometimes, pedestrians involved in motor vehicle accidents may receive medical treatment, and incur financial losses, before succumbing to their injuries. In such cases, their estates may pursue damages for their undue medical costs, lost wages, and other financial losses suffered prior to their deaths. Navigating the aftermath of an injury or fatal pedestrian accident can be marked with challenges for victims and their families. With the help of an experienced personal injury lawyer, however, they may recover damages to aid them as they recover and move forward. At Young, Reverman & Bolotin, we have more than 200 years of combined experience helping people like you obtain the compensation you need. Contact us today for a FREE initial consultation to discuss your options, 513-400-0000.
