Top Rated Westerville Pedestrian Accident Lawyer
Busy highways are not particularly friendly to pedestrians. Whether they take precautions and remain vigilant, a car accident can cause damage and alter their lives forever.
A car accident can have overwhelming consequences in the lives of victims as soon as it happens. Therefore, the first step a person who has been involved in a car wreck should take is to call a personal injury attorney.
Personal injury lawyers in Westerville, OH, can fight for the rights of those affected, hold negligent parties liable, and help them handle all the legal issues related to their case!
Common Causes of Pedestrian Accidents
In Westerville, OH, car accidents are often caused by negligence. Most of the time, a pedestrian is injured because a driver failed to follow traffic regulations or drove recklessly.
These are some of the factors that increase the risk of personal injury incidents related to pedestrians:
While it might be the most preventable cause, it is still one of the most common. Drivers must remain vigilant at all times, even if no other people or vehicles appear to be nearby.
However, many are usually distracted using cellphones, talking to others, and many other things! Failing to watch the street or not paying attention to crosswalks for a few seconds can turn into a car accident.
Another common cause behind a car accident in Westerville, OH, is poor visibility. Several factors can reduce a driver's visibility on the road and increase the risk of hitting pedestrians, including poor weather conditions and low lighting.
Other factors include bright lights shining in pedestrians' or drivers' eyes, objects or vehicles on the road's side, and pedestrians wearing dark clothing.
Driving Under the Influence
According to traffic law in Westerville, OH, using the roadways after consuming alcohol or drugs is unsafe and illegal.
However, many car accidents are caused by inebriated drivers that disobey signals and don't stop when they should.
Driving under the influence is a criminal offense in Westerville, OH. Anyone who causes a car accident by consuming drugs or alcohol can be charged in a personal injury case and face strict legal consequences.
Electric Cars Failure
While most are safe and quiet, electric vehicles can injure pedestrians. People with impaired eyesight or hearing abilities are at higher risk of being hit by an EV.
Who Is Liable for Pedestrian Accidents?
An insurance company protecting drivers will usually try to place fault on victims.
Although there are situations in which pedestrians are really guilty, a pedestrian accident attorney in Columbus goes to great lengths to protect the injured party, fight for their rights and hold at-fault drivers liable for their negligence or wrongdoing.
When Can a Driver Be Considered Negligent?
All drivers are required to hold the utmost care and comply with traffic regulations. If they cause an accident, they may face legal consequences for negligence or unlawful behavior.
A personal injury lawyer in Westerville, OH, can charge a driver with negligence if they:
Did not pay attention to the road or signs
Did not use the proper turn signals
Drove at high speed
Failed to yield the right of way to pedestrians in crosswalks
Got distracted using a cell phone or other device while driving
Proving Negligence in Personal Injury Cases
Westerville personal injury lawyers must prove that the driver was negligent in causing the car accident. Under Ohio law, four factors indicate that someone was negligent. These are:
Duty of Care
Personal injury laws usually define the duty of care as a practice expected of people in specific situations. Drivers have a duty of care to stop at a red light and drive in a reasonable fashion to protect pedestrians, for example.
Breach of Duty
A person is considered negligent if they break the duty of care. Someone who speeds or fails to stop at a red light and hits a pedestrian can be punished for negligence.
A personal injury lawyer must also establish the connection between the accident, the victim's injuries, and the duty of care breached.
If the pedestrian is injured in a car accident caused by a driver breaching his duty of care, a personal injury attorney can build a strong negligence case.
When to Look for an Ohio Personal Injury Attorney?
Many think they do not need help from a personal injury lawyer if they have been in a car accident, but it was not their fault.
However, almost all pedestrians involved in motor vehicle incidents must deal with some legal issues that emerge after the tragedy.
Victims can seek help from a car accident lawyer if:
The at-fault party denies doing anything wrong or being negligent
The insurance company offers a minimum settlement
Insurers deny your accident claims
The insurance company refuses to reach a fair settlement, arguing that it cannot pay more
The driver tries to blame them for the accident and his injuries
Common Damages Resulting From a Pedestrian Accident
A car accident lawyer in Westerville, OH, always seeks fair compensation for their clients during settlement negotiations or before a jury when personal injury cases go to court.
Personal injury law in Westerville, OH, awards different types of compensation to pedestrians who were injured by others' negligence, including compensatory and punitive damages.
In other words, a personal injury lawyer may look for:
Under Ohio personal injury law, compensatory damages reimburse pedestrians for costs associated with their injury. These fall into two categories: general and special compensatory damages.
Special Compensatory Damages
An Ohio personal injury lawyer can seek special compensatory damages, also known as "economic damages," to recover quantifiable out-of-pocket expenses incurred by a pedestrian in car accident cases. These include:
Past or current medical expenses, including medical treatments, hospital stays, and surgeries
Future medical bills if the victim sustained catastrophic injuries
Costs related to home care
Medical transport or ambulance
Bills for rehabilitation, pain management, or physical therapy
Increase in living expenses
Expenses associated with property damage, including repair or replacement
Future lost wages
Loss of irreplaceable items
Costs for altered plans, including canceled trips
General Compensatory Damages
An Ohio personal injury attorney working for a reputable law firm will also seek to recover costs that can be printed on a receipt.
If awarded in car accident cases, these costs are not quantifiable and are considered "compensatory damages." They include:
Long-term physical pain caused by the injury itself or its treatment
Pain and suffering
Emotional distress, including depression, insomnia, or even PTSD
Low quality of life or lost well-being
Loss of enjoyment of life
Physical disfigurement and impairment
Wrongful Death Damages
If the pedestrian in a car accident is killed, an Ohio personal injury lawyer can also seek special and general compensatory damages for the victim's surviving relatives. These include:
Costs related to funerals and burials
Costs related to medical care or treatment before death occurs
Loss of consortium or company
Emotional or mental distress of surviving family members, including depression
Loss of economic contribution for surviving family members financially dependent on a deadly car accident's victims
A personal injury attorney can also seek punitive damages, intending to punish the at-fault parties in car accident cases.
These damages do not compensate victims for losses or wrongful death but rather seek to dissuade those responsible from committing the same mistake or crime again.
In personal injury cases handled in Westerville, OH, attorneys need to make the court find a reason to award punitive damages, such as criminal acts, malice, or gross negligence.
Why Choose a Personal Injury Lawyer From The Keating Firm LTD?
This law firm has a team of super lawyers with a proven track record in personal injury cases. All pedestrians affected by the other drivers' actions or unlawful behavior may seek legal advice and get a free consultation at The Keating Firm LTD.
Every Columbus personal injury lawyer or car accident lawyer working at The Keating Firm LTD's office in Westerville, OH, has the necessary experience to fight for fair compensation and is willing to obtain tens of millions of dollars in benefits for victims in a personal injury case.
What the Keating Firm Attorneys Can Do for Personal Injury Victims
Besides providing personal attention to help victims of pedestrian accidents, all personal injury lawyers working at our personal injury law firm can assist clients in gathering evidence, building a solid case, and establishing communication channels with insurance companies.
A personal injury lawyer also handles discussions and negotiations for settlements, fights for fair compensation, and always protects people's legal rights.
The Keating Firm LTD's Related Practice Areas
The Keating Firm LTD's skilled personal injury super lawyers are experienced in:
Whether clients need legal advice or representation in Westerville, OH, or Columbus, OH, there's a reputable personal injury lawyer from The Keating Firm LTD who can help them.
Other Westerville Practice Areas
Free Consultation For Victims in Pedestrian Accidents
All pedestrians who have been injured or those who lost their loved ones in a car accident in Westerville, OH, can contact The Keating Firm and get a free case evaluation by an experienced personal injury lawyer.
The Keating Firm LTD offers a free consultation and legal advice on the steps people must take to obtain the benefits Ohio personal injury law grants them if their lives have been affected by others' negligence.