Pedestrian Accident Lawyers Cleveland

Ohio Revised Code Section 4511.46 governs the rights of pedestrians at crosswalks. Key provisions include the following.

Driver Duties at Marked Crosswalks

At marked crosswalks, Ohio law requires drivers to yield the right of way to pedestrians crossing or about to cross the roadway. This duty is absolute at signalized crosswalks when the pedestrian has the walk signal. Violation of R.C. § 4511.46 supports a negligence per se claim.

Unmarked Crosswalks at Intersections

Ohio law extends the yield requirement to unmarked crosswalks at intersections. Any intersection where two roads cross creates an implicit crosswalk, and drivers must yield to pedestrians within it. Many pedestrian crash victims do not realize they have legal crosswalk protection even at intersections without marked crosswalks.

Pedestrians Outside Crosswalks

When a pedestrian crosses outside a crosswalk, Ohio's comparative fault framework applies more directly. The pedestrian's decision to cross at a non-crosswalk location is a factor in the fault analysis — but it does not bar recovery as long as the pedestrian is less than 51% at fault. Drivers still have a duty to maintain adequate lookout and avoid striking pedestrians even outside crosswalks.

School Zones and School Buses

Enhanced duties apply to drivers in school zones and near stopped school buses. Violations of these enhanced duty statutes support negligence per se claims and are common in pedestrian cases involving children.

Pedestrian crash injuries are among the most severe in the personal injury landscape. A pedestrian struck by a vehicle traveling at 30 miles per hour has a 40-50% chance of suffering a fatal or critical injury. At higher speeds, the probability is substantially higher.

Traumatic Brain Injury

The most common cause of death and permanent disability in pedestrian crashes. Even at low speeds, head contact with the vehicle or ground produces significant brain injuries. TBI claims require specialized expert testimony, neuropsychological evaluation, and careful documentation of functional impacts on work, relationships, and daily life.

Spinal Cord Injury

Spinal cord injuries — including partial and complete paralysis — are common in pedestrian crashes involving significant vehicle speed. These injuries are among the most costly medical conditions to treat and require lifetime care planning as part of the damages analysis.

Orthopedic Injuries

Pelvic fractures, femur fractures, tibia fractures, and upper extremity fractures are common contact injuries when the pedestrian is struck. These injuries require surgical fixation, extended rehabilitation, and produce long-term functional limitations.

Internal Injuries

Organ damage from vehicle contact or ground impact is common in pedestrian crashes and requires immediate surgical evaluation. Internal injuries can be life-threatening and may not be apparent at the crash scene.

Pedestrian crash scenes are often at or near commercial intersections where surveillance cameras, traffic cameras, and dashcams may have captured the crash. This footage is the most valuable evidence in any pedestrian case — and it is typically overwritten within 30 days.

The at-fault driver's version of events — and whether they stopped, rendered aid, and cooperated with the responding officer — is documented in the crash report narrative. The crash report is a public record available under R.C. § 149.43.

Pedestrian crash cases in Ohio typically involve the at-fault driver's auto liability policy as the primary insurance source. If the at-fault driver was underinsured relative to the severity of the injuries, the pedestrian's own auto insurance UM/UIM coverage may provide additional recovery even though the pedestrian was not in a vehicle at the time of the crash. Ohio courts have generally held that UM/UIM coverage extends to pedestrians under most policy language.