Analyzing The Facts To Hold The Reckless/Negligent Accountable
Pedestrians and bicyclists have very little protection against the force caused by a moving vehicle, leaving them vulnerable to serious injury or death. Under the law, both drivers and pedestrians have legal obligations to stay safe on the road.
When a negligent driver strikes you or a loved one, the services of a skilled, experienced lawyer can help protect your legal right to compensation.
The attorneys at Crandall & Pera Law are among Ohio's top trial attorneys helping protect the rights of both bicyclists and pedestrians throughout the state. Turn to us in confidence when you need help recovering compensation after a careless driver causes harm.
Traffic Regulations Governing Pedestrians
In most circumstances, pedestrians have the right of way; however, Chapter 4511 of the Ohio Revised Code, which covers motor vehicle laws generally, explains that pedestrians also have certain duties and responsibilities in traffic.
For example, pedestrians must:
- Obey traffic control devices such as signs and signals (4511.12)
- Yield the right of way to public safety vehicles (4511.452) and to all traffic when crossing a road that has no designated crosswalk (4511.48)
- Walk on the left-hand side, facing traffic, on the shoulder to the extent practicable (4511.50) and to yield the right of way to all traffic
Ohio is a "comparative negligence" state in which each party's damages or compensations are determined by the degree to which they contributed to an accident's cause. Even if you were partially at fault for the crash by not obeying certain pedestrian laws, you may still be able to obtain compensation from the other party.
Traffic Regulations Governing Cyclists
A bicycle is defined as a vehicle by the Ohio motor vehicle code (4501.01), which means that the cyclist is bound to obey all traffic rules applicable to vehicles, including keeping to the right side of the road.
Rules for bicycles (4511.53 et seq.) prohibit carrying passengers and carrying packages, bundles or article that prevents the rider from keeping at least one hand on the handle bars.
These laws also require cyclists to ride as near to right side of the roadway as practicable, exercise due care when passing a standing vehicle or one proceeding in the same direction and use a white front lamp after dusk. A red reflector, red rear lamp and a bell or other device making an audible sound are other requirements.
Careless Or Reckless Behavior Is Often A Cause
A driver could strike a pedestrian or a cyclist on a busy road, in a parking lot, on a side street, or anywhere else where people are walking or biking. Accidents result from:
- Impaired driving whether related to alcohol or drug use
- Distracted driving from putting an address in a GPS to reading/sending a text
- Speeding, especially in urban areas
- Failure to obey traffic signs and signals, rolling through stop signs or running red lights
It is often up to you as the injured pedestrian or cyclist to prove the careless or reckless action of a driver caused the collision. This is where we come in. Our legal team will uncover why the accident happened and fight to hold responsible parties accountable.