A Cleveland Motor Vehicle Accident Attorney on Pedestrian Accidents
The most obvious concern in a pedestrian accident is the very real danger of serious injury; a pedestrian is completely vulnerable and is exposed to harm not only from the impact of the vehicle but also to trauma from contact with the road surface after the collision. What is less obvious in many cases is the issue of negligence, which a Cleveland motor vehicle accident attorney must prove to recover damages.
DutyOne element in determining negligence is a showing that the party at fault breached some duty. A Cleveland motor vehicle accident lawyer emphasizes that both the driver and the pedestrian have a duty in sharing the roadways.
Pedestrian NegligencePedestrians have a duty to exercise reasonable care in walking near roadways and particularly when crossing the street where, a Cleveland motor vehicle accident attorney reports, a large percentage of pedestrian accidents occur. The insurance company for the driver will often attempt to deny a claim based on an allegation the pedestrian was 100 percent at fault. In reality, however, a Cleveland motor vehicle accident attorney understands that the driver is statistically far more likely to be at fault.
Driver NegligenceOne of the leading causes of driver negligence is driver distraction, which can be due to anything that takes the driver’s focus off of the road but commonly involves texting or cell phone usage. Other causes a Cleveland motor vehicle accident lawyer regularly observes involve:
-Running a red light
-Turning without looking
-Driving while intoxicated
Negligence Per SeIf a Cleveland motor vehicle accident attorney can demonstrate the driver broke a law designed for public safety and that an injury resulted, then the negligent act or omission need not be specifically proved.
Modified Comparative NegligenceEven if the pedestrian is determined to be partially at fault, they can still recover damages if they were 50 percent or less at fault under Ohio law; however, their award will be reduced by the degree of their fault.
Contact a Cleveland Motor Vehicle Accident Lawyer for Legal AdviceThe issues in a pedestrian accident are often complex. Be certain your rights are protected. Call the Law Office of Shapero & Green, a Cleveland motor vehicle accident attorney group, at 216-831-5100.