Who is Liable for a Jaywalking Accident?
Crashes with pedestrians are traumatic for everyone involved. Both motorists and pedestrians have a legal responsibility to keep others safe. When a pedestrian is jaywalking, though, who is really at fault?
The court will consider many factors, even the time of day, weather conditions, and possible distractions in the area. Pedestrians who jaywalk are presumed to have broken the traffic laws of the state, but other factors can affect who is ultimately found at fault. Below, our Columbus pedestrian accident lawyer explains further.
Who has the Right of Way?
The laws on jaywalking are covered in the Ohio Revised Code. Generally speaking, when a pedestrian crosses a road anywhere except when using a crosswalk, they must give drivers the right of way. When there is a pedestrian tunnel or bridge, walkers are required to use it. Pedestrians also do not have the right of way when emergency vehicles are using their sirens or lights or when there is a funeral procession.
Of course, all drivers must still exercise a general duty of care when operating their vehicle to make sure no one is hurt. The law only means a driver will not be presumed to be at fault if they hit a pedestrian who did not use a crosswalk. When a vehicle is stopped at a crosswalk, other drivers are also prohibited from overtaking, or passing, them.
Comparative Fault in Ohio
Ohio is a modified comparative fault state. This means that if it is determined that an accident victim is 51 percent at fault, they are barred from claiming any compensation for their injuries. However, if the injured party carries less than 51 percent of the fault, then they can file a claim for monetary compensation. How much compensation they receive will be reduced by their percentage of fault. For example, if a pedestrian jumped out in front of an oncoming vehicle well outside of a crosswalk, then the pedestrian would be found mostly liable for the accident and would be unable to claim any compensation. Likewise, if a motorist saw a pedestrian crossing the street and aggressively sped up to scare them, they would likely be found mostly at fault for the crash and be liable for paying damages.
Our Pedestrian Accident Attorney in Columbus Can Determine Fault
Determining fault after a pedestrian accident is often challenging. At Oliver Law Office, our Columbus pedestrian accident lawyer can investigate the facts of your case to determine who is at fault and liable for paying compensation. Call or text us now at 614-220-9100 or chat with us online to book a free case evaluation.