How Is Liability Determined in an Ohio Pedestrian Accident Case?
How Is Liability Determined in an Ohio Pedestrian Accident Case?
Pedestrian accidents can lead to severe injuries, leaving victims facing extensive medical bills and other financial burdens. Understanding how liability is determined in an Ohio pedestrian accident case is essential for those seeking compensation. At Rubin and Zyndorf, we are committed to helping the Toledo community navigate the legal process and hold negligent parties accountable.
Ohio’s Comparative Negligence Law
Ohio follows a comparative negligence rule, meaning that liability is assigned based on each party's level of fault. Under Ohio Revised Code § 2315.33, a pedestrian can still recover damages as long as they are less than 50% at fault for the accident. However, the compensation awarded is reduced based on their percentage of fault. For example, if a pedestrian is found to be 20% responsible for the accident, their total compensation would be reduced by 20%.
Determining Fault in a Pedestrian Accident
Several factors are considered when determining fault in an Ohio pedestrian accident, including:
- Driver Negligence – A driver may be liable if they were speeding, distracted, intoxicated, or ran a red light.
- Pedestrian Negligence – If a pedestrian jaywalked, ignored traffic signals, or crossed outside of a designated crosswalk, they may share responsibility.
- Traffic Laws and Right-of-Way – Ohio law requires drivers to yield to pedestrians in crosswalks, but pedestrians must also follow traffic signals and laws.
- Road Conditions and Visibility – Poor lighting, obstructed views, or hazardous road conditions may contribute to accidents and influence liability determinations.
- Eyewitness and Video Evidence – Testimony from bystanders, traffic camera footage, and surveillance videos can help establish fault.
What To Do After a Pedestrian Accident
If you or a loved one has been injured in a pedestrian accident, taking the right steps can protect your rights:
- Seek immediate medical attention.
- Report the accident to law enforcement.
- Gather evidence, including photos, videos, and witness information.
- Avoid discussing fault with insurance adjusters.
- Consult with an experienced personal injury attorney.
At Rubin and Zyndorf, we advocate for pedestrian accident victims in Toledo, ensuring they receive the compensation they deserve. Our legal team will investigate the circumstances of your accident, negotiate with insurance companies, and fight for your best interests in court if necessary.
If you have been injured in a pedestrian accident, don’t wait to seek legal guidance. Contact us today to schedule a consultation and learn about your legal options.









