PEDESTRIAN ACCIDENTS


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
Nationwide Success

Protecting The Wrongfully Injured

It may seem like terrible luck if you’ve been hit by a vehicle as a pedestrian, but this kind of accident is more common than you might think. In a report published by the Insurance Institute for Highway Safety (IIHS), pedestrian deaths have reached the highest level in 28 years.

Nearly 6,000 pedestrians were killed in 2016 in the United States, up 46 percent from 2009. That is the most pedestrian deaths recorded since 1990. That statistic may seem incredible, but driver behavior has changed in the few decades, with drivers appearing more indifferent to pedestrians and drivers distracted with cell phones and other car technology.

Pedestrian injuries and deaths occur mostly when it is dark and on roads that funnel urban and suburban traffic onto freeways. Deadly crashes may likely occur where there are no intersections or poorly designed crosswalks that tempt pedestrians to dash across multiple lanes of moving traffic. The crashes often involve SUVs, excess speeding, driver distraction and other driver errors.

Joe Lyon is an experienced Ohio personal injury attorney, well-versed in the science and economic impacts of a preventable pedestrian injury or death. Following a serious driver distraction accident, contact an experienced Ohio auto negligence lawyer to investigate.


Poor Road Design & Ohio Pedestrian Accidents


According to the Governors Highway Safety Association (GHSA), pedestrian deaths in the United States may be on track to account for the highest road death toll in 30 years.

Injuries and deaths can be prevented with improvements in road design, vehicle design, lighting and speed limit enforcement. However, driver distraction and impairment play a significant role in total road safety not only for pedestrians but for other motorists.

Federal crash data from 2009 to 2016 help safety agencies narrow down the cause for road-related deaths and injuries. The IIHS estimates that 5,987 pedestrians died in crashes in 2016, representing over 15 percent of all traffic deaths. About 50 percent of pedestrians are hit in intersections and 56 percent hit in the dark.

In addition to introducing safer roadway and crosswalk design, the institute says higher standards for auto headlights may reduce Ohio pedestrian accidents. Since 2016, the institute has issued ratings on unsafe headlights.

Difficult as it may be to believe, many car models do not have headlights that perform well when it’s dark. Testing shows that some vehicles have headlights that allow drivers to see twice as far down the road on a straightaway than headlights on other vehicles.


Pedestrian Accident Injuries

Driver Distraction & Ohio Pedestrian Safety


According to the Ohio State Highway Patrol, there were 185 pedestrian fatalities in the period between 2016 and 2017. That number doesn’t take into account the hundreds, if not thousands, of pedestrians and cyclists seriously injured in Ohio auto negligence cases.

Walking, running, cycling or any another activity that involves crossing the road shouldn’t be so dangerous. But when Ohio pedestrian accidents occur, The Lyon Firm can investigate the incident and determine who is liable. Pedestrian accidents typically will include one of the following:

  • Intoxicated drivers
  • Texting and driving
  • Distracted drivers
  • Truck driver negligence
  • Defective Cars—faulty brakes
  • Poorly lit streets
  • Excessive speeding
  • Unsafe Headlights
  • Negligent Road Design
  • Poor Crosswalk Design

Stay Safe on the Streets


Compiled data from highway safety offices in all 50 states estimated that around 6,227 deaths from pedestrian accidents were recorded in 2018, the vast majority preventable with safe road design, driver education and auto safety technology.

The increase in pedestrian fatality is a major concern for government agencies, safety advocates and Americans nationwide. The report noted that around 75 percent of pedestrian deaths occur at night when poorly lit roads and drunk driving are more of a factor.

Texting and driving, as well as driver fatigue have been linked to a large percentage of auto accidents. The report does not rule out distracted walking as pedestrians are more likely now to be looking at the mobile phone while crossing the street.

Either way, crosswalks are now more perilous than previously thought, and those walking across roads are urged to be more vigilant than ever before. Even with the go-ahead from a street signal, pedestrians should move with caution.

Safety infrastructure, engineering and driving behavioral strategies can reduce pedestrian deaths with the help of safe vehicle design and motorist vigilance. Law enforcement in most states have made it a priority to protect passengers and pedestrians by enforcing cellphone bans while driving.


Crosswalk Accidents


Many pedestrians get complacent around crosswalks because assume by following traffic laws, they are safe from harm. Unfortunately, that is not the case. Many pedestrian accidents occur when a driver is turning left very late, or is turning right on red without looking.

Crosswalk accidents are very common, and drivers will be liable for injuries sustained by pedestrians.

School zone accidents are another clear driver infraction that is a clear cut case for the most part. Any child or adult pedestrian injured in a school zone will have legal resources to help compensate them for injury.

If any child’s injuries were caused by a negligent driver, contact an experienced motor vehicle accident lawyer as soon as possible. We can investigate and gather evidence of the driver’s behavior to build the strongest case possible.


Ohio Cycling Accidents


Cyclists have a right to the road, despite how many aggressive drivers might think. The road becomes a perilous place for cyclists when drivers fail to respect bikes sharing the road.

Bike lanes are not always available, and Cycling Accidents still have a right to share the road with cars and trucks, despite the obvious risks. When drivers hit a cyclist due to driver errors or negligence, they may held accountable for the injury and damages.

E-Scooter accidents are another area of concern, as many cities, including Cincinnati, have encouraged pedestrians to grab a scooter and share the road with motorists. Scooter accidents can be severe, and an investigation of the accident will be necessary.


Pedestrian Injury Lawsuits


Not all pedestrian accidents involve motor vehicles. In fact, there are a number of other areas of litigation that cover pedestrian accidents, including dog bite injury cases and premises liability lawsuits. Dog attacks occur very often when a child or adult is simply walking down the sidewalk, minding their own business.

Other injuries to pedestrians can take place when property owners create a dangerous safety hazard on sidewalks, parking lots of driveways. Objects have been left out, and ice and snow has not been attended to. Slip-and-fall accidents occur daily.

Construction sites have dropped material on passing pedestrians. Owners and legal occupants have a duty to reasonably care for their property, and prevent foreseeable hazards.


Risk factors in Ohio pedestrian and cyclist accidents include:

  • Population and traffic density
  • Time of day
  • Poorly maintained sidewalks
  • Unmarked crosswalks
  • Poorly designed intersections
  • Defective traffic and walk signals
  • Distracted drivers

Pedestrian Injury Lawsuits


One would think moving on foot would be the safest way to move around, though the increase in deaths related to crosswalk and pedestrian accidents suggest pedestrian safety may be a myth for many. Some experts associate the rise in Cincinnati pedestrian accidents to more distracted drivers in combination with larger vehicles.

Americans have been purchasing larger SUVs and pickup trucks, and at the same time spending more time on their mobile phones while driving. Larger vehicles may have less road visibility than smaller vehicles, and crosswalk accidents are increasing as a result.

The Lyon Firm is dedicated to protecting pedestrians and holding negligent drivers accountable for actions that result in the injury or death of a pedestrian.

Road accident lawsuits can compensate plaintiffs for medical expenses, lost wages, and other related damages. To build the strongest case, plaintiffs are encouraged to collect witness testimony, medical records and photographic evidence of the accident scene.

Auto accident lawyers handling Ohio pedestrian accidents know the traffic and liability laws that will govern your case. The Lyon Firm will engage individual drivers, commercial truck drivers, negligent municipalities, and insurance companies who fail to pay claims in a timely manner.

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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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