Accidents involving pedestrians with disabilities are unfortunately common, especially in busy urban areas like those found in Ohio. The challenges faced by pedestrians with disabilities are compounded by factors such as limited mobility, the use of assistive devices, and difficulties navigating public spaces. As a result, when accidents occur, the consequences can be even more severe for those with disabilities. Understanding Ohio’s legal protections for these individuals can help victims and their families secure compensation and ensure justice is served.
Pedestrian accidents are often caused by factors such as distracted driving, poor road conditions, or failure to adhere to traffic laws. However, when the pedestrian has a disability, additional issues can complicate the situation. In Ohio, specific laws are in place to protect the rights of people with disabilities, and there are legal options for those injured in pedestrian accidents. This post will explain those protections and offer insights into the steps you can take if you or a loved one has been injured as a pedestrian with a disability.
Ohio’s Laws on Pedestrian Rights
In Ohio, pedestrians, including those with disabilities, are granted specific rights under state traffic laws. Ohio’s Revised Code (ORC) 4511.45 provides a clear set of rules regarding pedestrian crossings, the duty of care drivers must exercise, and when a pedestrian has the right of way. According to Ohio law, pedestrians have the right to use crosswalks and should be given the right of way when crossing streets at designated crossings.
When it comes to individuals with disabilities, both federal and state laws provide added protections. These include laws ensuring accessibility and safety for those with mobility challenges, such as the Americans with Disabilities Act (ADA) and the Ohio Civil Rights Commission’s policies on disability rights.
Under the ADA, businesses and government agencies are required to provide accessible facilities, including sidewalks, ramps, and crosswalks, for individuals with disabilities. This means that if a pedestrian with a disability is injured due to an area not being properly maintained or due to inadequate accommodations, the responsible party may be liable for the injury. Ohio law and the ADA also require that vehicles stop for pedestrians with disabilities at crosswalks, similar to the protections given to other pedestrians.
What Happens in an Accident Involving a Pedestrian with a Disability?
In a pedestrian accident involving an individual with a disability, the legal process is similar to any other personal injury case. The first step in such a case is establishing who was at fault. In Ohio, drivers have a legal duty to exercise reasonable care when driving, and this includes looking out for pedestrians.
For pedestrians with disabilities, this duty of care can be more stringent. Drivers must be particularly cautious around individuals with mobility aids like wheelchairs, walkers, or service dogs. If a driver fails to stop at a crosswalk or does not yield the right of way, they could be held responsible for the accident, and the victim may be entitled to compensation for their injuries.
Common Causes of Pedestrian Accidents Involving Disabled Individuals
There are several factors that commonly contribute to accidents involving pedestrians with disabilities. Some of these include:
- Inadequate Infrastructure: In some areas, sidewalks are poorly maintained, ramps are not properly installed, or crosswalks are difficult to access. This can make it particularly dangerous for people using wheelchairs, scooters, or other mobility aids.
- Distracted Driving: Drivers who are distracted by their phones, other passengers, or other distractions may fail to notice pedestrians with disabilities, putting them at risk.
- Failure to Yield: A common cause of pedestrian accidents is a failure to yield the right of way. This can be more dangerous for pedestrians with disabilities, who may take longer to cross a street or may not have the ability to move quickly.
- Inaccessible Vehicles: Public transportation or ride-share services may not always be adequately accessible to those with disabilities. This can lead to accidents if vehicles do not meet proper accessibility standards.
- Impaired Drivers: Driving under the influence of alcohol or drugs is a significant factor in many pedestrian accidents. Impaired drivers may not be able to react quickly enough to avoid pedestrians, especially those with disabilities who may not be able to move as swiftly.
Pursuing Compensation After a Pedestrian Accident
If you are a pedestrian with a disability and have been injured in an accident, you may be entitled to compensation. The process of pursuing compensation can be more complicated than other pedestrian accidents due to the need to consider issues such as disability accommodations and any additional challenges you face in recovering from your injuries.
Here are the primary steps involved in pursuing compensation for a pedestrian accident:
- Establishing Fault: To win a personal injury case, you must first prove that the driver or another party was at fault for the accident. This may involve showing that the driver was negligent, distracted, or violated traffic laws. Evidence such as accident reports, witness testimony, and surveillance footage can be helpful in establishing fault.
- Documenting Injuries: Medical records and evidence of your injuries are critical in proving the extent of the damage caused by the accident. For people with disabilities, it is essential to show how the injury has impacted their ability to function and maintain their independence.
- Calculating Damages: Compensation in pedestrian accident cases can cover both economic and non-economic damages. This includes medical bills, lost wages, pain and suffering, and emotional distress. For individuals with disabilities, compensation may also cover the cost of long-term care, home modifications, or assistive devices needed for recovery.
- Dealing with Insurance Companies: Insurance companies may try to minimize the compensation they pay out for pedestrian accidents. A lawyer can help ensure that you are not taken advantage of and that you receive fair compensation for your injuries.
- Filing a Lawsuit: If a settlement cannot be reached with the responsible party’s insurance, it may be necessary to file a lawsuit. A personal injury attorney with experience in pedestrian accidents and disability rights can help guide you through this process.
Ohio’s Comparative Fault Law
Ohio follows a comparative fault rule, meaning that if both the pedestrian and the driver share responsibility for the accident, compensation can still be awarded. However, if the pedestrian is found to be more than 50% at fault, they may not be entitled to damages.
For pedestrians with disabilities, this could come into play if the accident occurred due to a failure to properly navigate the crosswalk or an issue with their mobility aids. It is essential to work with a skilled personal injury attorney to ensure that the appropriate evidence is gathered to defend against any claims of comparative fault.
Conclusion
Pedestrian accidents involving individuals with disabilities are serious matters that require a thorough understanding of both personal injury law and disability rights. Ohio law offers protections for disabled pedestrians, ensuring that drivers are accountable for their actions and that proper accommodations are made to ensure accessibility and safety.
If you or a loved one has been injured as a pedestrian with a disability, it is essential to consult with an experienced personal injury attorney. With the right legal help, you can navigate the complexities of the legal system, protect your rights, and secure the compensation you deserve for your injuries. By understanding the laws and knowing when to take legal action, you can ensure that justice is served and that you can focus on recovering and moving forward with your life.