Cincinnati pedestrian Accident Lawyer
The professionals with Schuerger Shunnarah Trial Attorneys understand how devastating a pedestrian accident can be, and we’re committed to fighting for the compensation you need to recover. A Cincinnati pedestrian accident lawyer can provide the legal guidance and advocacy to pursue justice and hold negligent drivers accountable for their actions.
How Negligent Drivers Cause Pedestrian Accidents
Negligence is the leading cause of pedestrian accidents, and it often stems from a driver’s disregard for the safety of others. Here are a few common examples of negligence.
Distracted Driving
Negligence behind the wheel is a leading cause of pedestrian accidents, with distracted driving being a significant contributor. Drivers who text, use their phones, adjust their GPS, or engage in other distractions take their eyes off the road, even if only for a few seconds.
These moments of inattention are critical when pedestrians are crossing streets or walking near traffic. For instance, a driver glancing at a text message may fail to see a pedestrian until it’s too late to avoid a collision.
Speeding
Drivers who exceed the speed limit have less time to react to unexpected situations, such as a pedestrian stepping into a crosswalk. The increased velocity also reduces a vehicle’s ability to stop quickly, making accidents almost inevitable in high-speed scenarios. Pedestrians are particularly vulnerable in these instances, as the force of impact is greater when a vehicle is traveling at high speeds, leading to more severe injuries or fatalities.
Impaired Driving
Driving under the influence of alcohol or drugs is a dangerous behavior that significantly contributes to pedestrian accidents. Impaired drivers experience delayed reaction times and often fail to make sound decisions. For example, they may not yield the right-of-way to a pedestrian or may misjudge the timing needed to stop at a crosswalk. These lapses in judgment can result in devastating outcomes for pedestrians.
Disregard for Traffic Laws
Negligent drivers who disregard Ohio traffic laws also create hazardous conditions for pedestrians. Running red lights, failing to stop at stop signs, and ignoring crosswalks are common violations that lead to serious accidents. Pedestrians rely on drivers to adhere to these rules for their safety, and even a momentary lapse in following traffic laws can have catastrophic consequences.
Failure to Adjust to Weather Conditions
Poor weather conditions like rain, fog, or snow can make driving more dangerous, but negligent drivers often fail to adjust their behavior accordingly. Drivers who neglect to reduce speed or use headlights in low-visibility conditions put pedestrians at heightened risk. Safe driving in adverse weather requires caution and attentiveness; failing to adapt to these conditions is a clear form of negligence.
The Tools a Cincinnati Pedestrian Accident Lawyer Uses to Prove Fault
Proving fault in a pedestrian accident case requires more than just a compelling argument. A skilled Cincinnati pedestrian accident lawyer employs several tools and strategies to gather and present evidence that clearly shows the driver’s responsibility. Here are some tools your attorney can use to prove your case.
Traffic Camera Footage
A Cincinnati pedestrian accident lawyer often relies on traffic camera footage to prove fault. These recordings can capture the exact moment of the accident, showing how the events unfolded and pinpointing the driver’s negligent behavior.
For example, footage might reveal a driver running a red light or failing to yield at a crosswalk. Because traffic camera data is often overwritten or deleted after a certain period, securing it promptly is essential. Attorneys take swift action to request and preserve this evidence, ensuring it becomes a vital component of the case.
Accident Reconstruction Technology
Accident reconstruction technology is a powerful tool for proving fault. Using evidence from the scene – such as skid marks, vehicle positions, and damage patterns – experts can recreate the collision with impressive accuracy. These reconstructions provide a visual and detailed account of how the accident occurred.
By demonstrating the driver’s actions, such as speeding or failing to brake, these visualizations can make a strong impression on jurors and judges. They help clarify the sequence of events, offering compelling evidence of negligence.
Vehicle Event Data Recorders
Modern vehicles often have event data recorders (EDRs), which capture critical information in the moments leading up to an accident. These devices can record details such as the vehicle’s speed, whether brakes were applied, and the steering angle. A Cincinnati pedestrian accident lawyer can retrieve and analyze this data to reveal if the driver was speeding, driving recklessly, or failing to respond appropriately to a hazard. This objective data can be instrumental in proving fault, providing a factual account of the driver’s behavior.
Eyewitness Testimony
Eyewitness accounts remain a cornerstone of pedestrian accident cases. A skilled lawyer will carefully interview witnesses to ensure their statements are consistent and credible. These firsthand accounts can corroborate other evidence, such as traffic footage or vehicle data, by providing context and detail.
Witnesses might describe the driver’s behavior, such as texting while driving or ignoring traffic signals, further establishing negligence. Lawyers know how to present this testimony effectively, making it a critical piece of the evidence puzzle.
Forensic Analysis
Forensic experts can analyze physical evidence to strengthen a case. For example, the pedestrian’s injuries can be examined to determine how the collision occurred and the impact force. Similarly, damage to the vehicle, such as dents or broken headlights, can indicate the point and nature of the collision. This analysis helps build a detailed narrative of the accident, showing how the driver’s actions led to the pedestrian’s injuries.
Medical Records
Medical records are a crucial element in proving fault and establishing the extent of damages. These documents link the pedestrian’s injuries directly to the accident, demonstrating the severity and long-term implications of the harm caused. A lawyer can present medical evidence alongside other data to illustrate the impact of the driver’s negligence, creating a comprehensive and persuasive case.
Handling Hit-and-Run Pedestrian Accidents
Hit-and-run accidents present unique challenges, but a Cincinnati pedestrian accident lawyer with Schuerger Shunnarah Trial Attorneys knows how to handle these complexities. When a driver flees the scene, it can feel like justice is out of reach. However, there are several avenues for pursuing compensation and accountability.
Investigating the Incident
Hit-and-run pedestrian accidents are particularly challenging because the responsible driver flees the scene, leaving victims feeling helpless. A Schuerger Shunnarah Trial Attorneys Cincinnati pedestrian accident lawyer begins by collaborating closely with law enforcement to identify the driver.
This investigation involves reviewing available traffic camera footage to capture critical evidence of the fleeing vehicle. Eyewitness accounts are another vital resource; bystanders can describe the vehicle or driver. In addition, analyzing debris left at the scene, such as paint chips or broken parts, can help identify the make and model of the car. In some instances, public tips can also lead to locating the individual responsible for the accident.
Seeking Compensation Without Identifying the Driver
When the driver cannot be found, it doesn’t mean you’re without options for financial recovery. Many auto insurance policies include uninsured motorist (UM) coverage, which can be a lifeline in hit-and-run cases. This type of coverage is designed to compensate victims when the at-fault driver is unknown or uninsured.
At Schuerger Shunnarah Trial Attorneys, we meticulously review your insurance policy to determine the benefits available under your UM coverage. Our lawyers are skilled in negotiating with insurance companies to ensure you receive the maximum compensation possible under the terms of your policy.
Pursuing Legal Action Against the Driver
If the responsible driver is eventually identified, we take swift action to hold them accountable. This action may involve filing a personal injury claim or pursuing other legal avenues to ensure they are held responsible for their negligence and the harm they’ve caused. Our attorneys are prepared to build a strong case against the driver, using evidence such as camera footage, eyewitness testimony, and police reports to prove fault and secure compensation for your injuries.
Maximizing Your Recovery
Whether through your own insurance or legal action against the driver, we are committed to securing the compensation you deserve. This compensation includes coverage for medical bills, lost income, pain and suffering, and any other damages related to the accident. Our team works tirelessly to advocate for your rights, ensuring that justice is pursued even in the complex circumstances of a hit-and-run pedestrian accident.
The Importance of Following Your Doctor’s Treatment Plan
Recovering from a pedestrian accident often requires extensive medical treatment, and following your doctor’s treatment plan to the letter is essential. Doing so ensures the best possible outcome for your physical health and strengthens your legal case. Insurance companies often look for reasons to minimize or deny claims; failing to follow medical advice can give them the opening they want.
Ensuring the Best Possible Recovery
Following your doctor’s treatment plan is critical to achieving the best physical recovery after a pedestrian accident. This often involves attending all scheduled appointments, completing physical therapy sessions, taking prescribed medications, and adhering to any lifestyle changes your healthcare provider recommends.
Skipping or ignoring parts of the treatment plan can delay your recovery or worsen your condition, making it harder to regain your health and quality of life.
Protecting Your Legal Case
Adhering to your doctor’s instructions also significantly impacts your legal case. Insurance companies often scrutinize accident victims’ actions to find reasons to reduce or deny claims. If you miss therapy sessions or neglect prescribed care, they may argue that your injuries aren’t as serious as you claim.
They might also assert you worsened your condition due to your lack of compliance, potentially making you appear partially responsible for your ongoing medical challenges. Following your treatment plan helps counter these arguments and reinforces the legitimacy of your claim.
Documenting Your Medical Treatment
At Schuerger Shunnarah Trial Attorneys, we stress the importance of thorough documentation throughout your recovery process. Keep detailed records of every medical appointment, including dates and healthcare providers, and retain receipts for prescribed medications and any out-of-pocket expenses.
This documentation is crucial to building a strong legal case. It allows us to clearly demonstrate the extent of your injuries and the medical care required for your recovery, supporting your compensation claim.
Demonstrating your commitment to recovery also supports claims for less tangible damages, such as pain and suffering or emotional distress. By showing that you’ve taken every step to heal, you strengthen your position when negotiating with insurance companies or presenting your case in court.
What is Maximum Medical Improvement?
One of the key concepts in a pedestrian accident case is maximum medical improvement (MMI). MMI refers to the point at which your condition has stabilized, and further treatment is unlikely to result in significant improvement. Reaching MMI doesn’t necessarily mean you’re fully healed; it simply means your medical team has determined that your condition is unlikely to change substantially in the future.
Understanding MMI is critical because it helps determine the full extent of your damages. Before you reach MMI, it’s impossible to know the long-term impact of your injuries, including ongoing medical needs, potential disability, and lost earning capacity. Accepting a settlement offer before reaching MMI could leave you without the resources to cover future expenses.
Our Schuerger Shunnarah Trial Attorneys team will wait until you’ve reached MMI to assess the full scope of your damages, ensuring that your settlement or award reflects the true cost of your injuries. This approach protects your financial future and ensures you receive fair compensation for the pain, suffering, and challenges you’ve endured.
Turn to an Experienced Cincinnati Pedestrian Accident Lawyer
A Cincinnati personal injury lawyer provides the support and guidance you need to focus on healing while your legal advocate handles the rest.
Schuerger Shunnarah Trial Attorneys take a personalized approach to every case we handle. We know that no two accidents are the same, and we’ll work tirelessly to understand your unique circumstances.
If you’ve suffered an injury in a pedestrian accident in Cincinnati, don’t wait to seek legal help. Reach out to Schuerger Shunnarah Trial Attorneys to schedule a consultation so we can help you pursue justice. You can use our online contact form or call (513) 327-9243 to get in touch. Our address is 810 Sycamore St. #401, across Broadway from the Hamilton County Court Administration Building.
Schuerger Shunnarah Trial Attorneys – Cincinnati Office
810 Sycamore St # 431,
Cincinnati, OH 45202