Frequently Asked Questions about Ohio Pedestrian Accident Law

Question: What damages am I entitled to collect in my Ohio pedestrian accident case?
Answer: Under Ohio law, there are several elements that make up a claim in a pedestrian accident case. A pedestrian accident victim is entitled to recover money for medical bills and lost wages. Pedestrian accident victims are also entitled to recover money damages for pain and suffering and/or loss of enjoyment of life. These damages are called non-economic damages.

Question: What if the police say that I was at fault in the Ohio pedestrian accident? Can I still recover damages?
Answer: Yes. Ohio law incorporates the legal doctrine of comparative negligence. Ohio's application of this doctrine permits a negligent accident victim to recover, if his or her negligence is not greater than that of the defendant driver.  It is strongly recommended that you check with our Ohio personal injury attorneys about the percentage of fault that is likely to be attributed to you in the auto/pedestrian accident.

Question: What if the person who hit me had been drinking?
Answer: This may entitle you to a Dramshop Claim.  This is the legal term for the lawsuit against the liquor store, bar, or other business, which illegally sold alcohol to the person who caused the pedestrian accident.

The most common Dramshop Claims involve alcohol served to someone who was visibly intoxicated.  A valid Dramshop Claim also exists if a person under age 21 was served alcohol.

Ohio laws governing Dramshop Claims are complex.   If alcohol was involved in your accident, contact our Ohio pedestrian accident lawyers right away.

Question: What is uninsured motorist coverage?
Answer: Uninsured motorist coverage is an insurance coverage option which may allow you to recover from your own insurance policy, if the at-fault driver did not have insurance coverage or cannot be identified (i.e. hit and run driver). We recommend that all auto owners carry uninsured coverage.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?
Answer: Yes. Underinsured coverage provides an additional source of collecting for serious injuries in an accident. It is different from uninsured coverage, which is available when the at-fault vehicle had no identifiable insurance.

These claims must be handled very carefully.  An uninsured endorsement on a policy does not necessarily include an underinsured endorsement. Premature acceptance of an underlying policy in full settlement of a claim could forfeit your right to uninsured insurance coverage.

If you or a loved one was seriously injured in an Ohio pedestrian accident, talk with a dedicated Ohio pedestrian accident lawyer.  Please submit a simple, free and confidential legal consultation form now.

Take advantage of the Bernstein Approach today.  Protect your legal rights.