Dayton Pedestrian Accident Attorney
When cars hurt pedestrians
Before your injury, you may have assumed that you were safe from cars while walking in designated areas. When you are in a crosswalk, on a sidewalk or out for a run in the Cox Arboretum, you should be able to expect that drivers will watch for people on foot and yield appropriately. Unfortunately, a driver’s momentary lapse of attention can result in an accident that changes your life.
The attorneys at Elk & Elk are well aware of the dangers that pedestrians face and the injuries that can result from these serious encounters with vehicles. We have won compensation for thousands of injury victims, including some of the largest settlements ever seen in Ohio. Whatever the extent of your injuries, we will meticulously establish liability and pursue the maximum amount that the law allows. We proudly serve clients throughout Ohio and hope to serve you as well.
We always offer free consultations. Contact us to discuss your case with no obligation.
What causes pedestrian accidents?
According to the National Highway Traffic Safety Administration (NHTSA), motorists kill more than 5,000 pedestrians every year, and that number has been trending up. A large percentage of these accidents stem from the driver’s negligence or inattention. Scenarios include:
- Distracted driving – This can involve talking on a phone, texting, operating a car’s GPS and other distractions that take attention away from the road.
- Not yielding the right of way – Pedestrians in crosswalks and other designated crossing areas should have the right of way, but drivers do not always yield, assuming that pedestrians will get out of the way.
- Speeding and aggressive driving – This is especially common on congested roads around Dayton. When drivers are making quick maneuvers, they may not see a pedestrian until it is too late.
- Not using turn signals – A pedestrian may assume that a driver is not turning at an intersection, only to be blindsided when the driver has failed to use a turn signal.
These are only some of the ways that drivers can meet the legal definition of negligence; there are many more. Our lawyers will evaluate your situation and determine exactly what happened and where liability lies.
Accidents involving children
The unfortunate reality is that children are far more at risk of being hit by cars than any other age group, specifically children between 5 and 9 years old. Because children are often unaware of the danger until it is too late, the law requires that drivers be even more careful when they are in areas where children could be playing, including near parks, schools, and residential neighborhoods.
If a driver injured your child in an area where the driver had an increased duty of care, our attorneys will aggressively pursue every option available to ensure that you have the resources your family needs for your child’s recovery.
Where do pedestrian accidents occur?
Because of our large case volume, the attorneys of Elk & Elk have seen many types of accidents involving cars and pedestrians. Common accident locations include:
- Crosswalks – Pedestrians have the right of way in crosswalks and other designated crossing areas. However, drivers do not always yield.
- Intersections – When drivers run red lights or miss stop signs, they run the risk of hitting pedestrians. Some drivers do not realize that they are at an intersection and collide with pedestrians who were behaving lawfully.
- Playgrounds and parks – Children who are playing do not always pay attention to their surroundings, chasing balls and sometimes each other into the street. There are many places in Dayton where children play, and drivers have a legal duty to use extra caution in these places. Unfortunately, many do not.
- Road construction sites – Workers who repair roads and equipment near roads are especially at risk of being hit by cars. While traffic cones, reduced speed limits and warning lights may not prevent every accident, they can establish legal liability after the fact.
- Vehicle blind spots – Drivers can back over pedestrians they do not see, especially children. Some vehicles have unusually large blind spots, making parking lots and driveways especially hazardous.
- Locations away from the road – According to the NHTSA, a significant percentage of pedestrian accidents do not occur at intersections at all, but on sidewalks and in parking lanes, shoulders, driveways, and other locations. These accidents can be even more serious, as they frequently involve drivers who are under the influence of drugs or alcohol.
What injuries result from pedestrian accidents?
If you are fortunate, you may suffer only minor injuries in a pedestrian accident, like bruises, scrapes or a concussion. However, pedestrian injuries are often far more serious. Injuries we see most commonly include:
- Broken bones and fractures
- Soft tissue damage such as severe lacerations, contusions, and internal organ trauma
- Spinal cord trauma, including varying levels of paralysis
- Head injuries, including traumatic brain injuries
- Pelvic injuries, depending on the point of impact
While many pedestrians survive these encounters, the most severe accidents can be fatal. If a loved one was killed by a driver while on foot, we can pursue a wrongful death action on your behalf.
How can a Dayton pedestrian accident attorney help me?
Personal injury cases can be complex even if fault seems clear. Many people do not realize how aggressive insurance companies are when it comes to denying your claim and diminishing the extent of your injuries and expenses. Our attorneys come prepared. When you work with Elk & Elk, we will:
- Preserve critical evidence essential to your case
- Conduct interviews and obtain testimony from any available witnesses
- Consult with industry experts relevant to your case, such as physicians, engineers, accident reconstructionists and law enforcement officials
- Communicate with the insurance company on your behalf
- Negotiate a fair settlement based on our extensive experience with similar cases
- Pursue a lawsuit if the insurance company is unwilling to give you a fair settlement
If you have never worked with an attorney before, we are happy to answer your questions during a free consultation.
We will take your side during a difficult time
When dealing with insurance company representatives and the motorist’s attorney, the odds are stacked against you without a legal team of your own. When you enlist our help, we can level the playing field. Get in touch for a free consultation. You can reach out to us through our contact form or by calling our office: (937) 401-2114. We serve clients in Dayton and throughout Ohio.