Pedestrian Hit By Cars Accidents Increasing in Ohio

Fatal Pedestrian Accident Increasing in Ohio and Around the Country

Doug Mann

Last updated on August 4th, 2023

In 2021, Ohio’s fatal pedestrian accidents were 17% higher than they were in 2020.

It would be nice to think that was because driving was down in 2020, and maybe fewer pedestrians were killed because there were fewer cars on the road. Unfortunately, only half of that is true. While miles driven declined significantly in 2020, pedestrian fatalities did not.

That upward trend held true across most of the country–in May, the Governors’ Highway Safety Association (GHSA) announced that fatal pedestrian accidents hit a 40-year high in 2021. An estimated 7,485 pedestrians were killed in traffic. That’s a 12% increase over 2020 and a 55% increase across 10 years.

Why are Pedestrian Deaths Increasing?

A variety of factors contribute to the steady rise in pedestrian fatalities in Ohio and throughout most of the country. Some of these include:

• An increase in the number of vehicle miles traveled (VMT) each year–though 2020 was an exception, 12-month VMT increased by 169% between July of 1971 and July of 2021. And, that upward trend is continuing. Between July of 2021 and July of 2022, the number jumped from 3.1 million miles to 3.26 million miles. This increase doesn’t tell the whole story, though pedestrian deaths per VMT have also increased.
• An increase in SUVs on the road–in 2015, SUVs outsold sedans in the U.S. for the first time. Just four years later, they were outselling cars at a rate of two to one. Unfortunately, in many settings, these larger and heavier vehicles present a greater threat to pedestrians.
• An increase in speeding–during the pandemic, near-empty roads tempted many drivers to increase their speeds. But, data suggests that they didn’t slow down as traffic returned to normal. Higher speeds increase the risk to pedestrians in two ways. A driver traveling at a higher speed is less likely to be able to stop in time if a pedestrian steps into the road or the driver is distracted and slow to notice the pedestrian. And, when a pedestrian is hit, a car traveling at a higher speed is more likely to seriously injure or kill a pedestrian.

Who is at the Greatest Risk of Becoming a Pedestrian Fatality?

Obviously, people of any age, race, sex, economic class, religion, and other demographic can be hit by a car and killed. But, some are at greater risk than others.

One variable that factors heavily in the risk of being hit and killed by a car is the median income in the area where you live. People in lower-income neighborhoods are at greater risk for a couple of reasons. One is that studies have shown that people at lower socio-economic levels are more likely to walk than those in middle-income brackets.

That may be partly due to direct economic factors: a lower-income person is less likely to own a vehicle, and perhaps more reluctant (or unable) to spend money on public transportation, cabs, Ubers, and other modes of transportation. Lower-income people are also more likely to walk when they live in denser areas, where there are stores and other destinations within walking distance. In suburban areas, stores, restaurants, libraries, and similar destinations are more likely to be remote from neighborhoods.

But, there’s a darker reason low-income people are at greater risk of being hit by cars. The Smart Growth America report referenced above reveals that walking in lower-income neighborhoods is generally more dangerous because those neighborhoods are less likely to have sidewalks, marked crosswalks, and streets designed for pedestrian safety.

• People in areas with median incomes of $43,000 or less are more than three times as likely to be the victim of a fatal pedestrian accident as those in areas with median incomes of $93,000 or more
• Black Americans are about twice as likely as white Americans to be hit by cars and killed

How Dangerous is Walking in Ohio?

In general, Ohio has a lower-than-average risk for pedestrians. The states with the highest pedestrian death rates and the most dangerous metros for pedestrians are all in the southern part of the United States. For the past several years, the pedestrian fatality rate per 100,000 residents in Ohio has been lower than the national rate. Still, Ohio cities claimed several spots on Smart Growth America’s list of the 101 most dangerous metros for walking. These include:

• The Dayton-Kettering metro area (# 65)
• Toledo (# 65)
• Columbus (# 71)
• The greater Cincinnati area, including surrounding counties in Kentucky and Indiana (# 82)
• The Cleveland-Elyria metro area (# 88)
• Akron (# 93)

Still, each of these metros has a pedestrian fatality rate lower than the national average.

Who is Responsible for Fatal Pedestrian Accident Injuries?

Some of the most common causes of pedestrian injuries and fatalities involve driver negligence. For example, in 2020:

• 8.62% of pedestrian fatality reports across the country listed speeding as a causal factor–a significant increase over the previous year
• 16.1% of pedestrian fatalities involved a driver with a blood alcohol level of .08 or greater

Distracted driving also plays a significant role in the risk to pedestrians.

If the driver hits a pedestrian because they are operating unsafely–whether that means driving while fatigued, driving under the influence of drugs or alcohol, speeding, texting while driving, or engaging in some other negligent behavior–they may be legally responsible for the injury or death. Depending on the circumstances, this may result in criminal charges. The injured pedestrian or surviving family members may also be entitled to compensation.

How Does Ohio Law Impact Pedestrians?

Ohio law plays a significant role in protecting pedestrians by giving them the right of way in most instances. These laws are contained in Ohio Revised Code Chapter 4511 and determine how they impact pedestrians in different situations.

At crosswalks, the Ohio law demands that drivers yield the right of way to pedestrians crossing the road at designated crosswalks. This is applicable whether the crosswalk is marked or unmarked when traffic control signals are absent, malfunctioning, or fail to clearly designate right-of-way.

When traffic signals are present, pedestrians have the right to cross the street on a green light or when a pedestrian walk signal is displayed. Drivers are required to wait until pedestrians have completely crossed the roadway before proceeding.

When it comes to sidewalks and driveways, drivers must yield to pedestrians on sidewalks when entering or exiting driveways. They should also stop the vehicle before driving onto a sidewalk. This rule ensures that pedestrians walking along sidewalks are not endangered by vehicles.

Another key area of the law concerns school zones. Special provisions protect children crossing streets near schools. Section 4511:21 of the Ohio Revised Code sets the speed limit to 20 mph in school zones when children are going to or leaving school. Motorists found exceeding speed limits in a school zone may incur a minor misdemeanor charge, including fines reaching up to $150.

While Ohio law provides protections, pedestrians also have responsibilities to ensure their safety. They must obey traffic signals, use crosswalks, and avoid suddenly stepping into the path of a moving vehicle.

Common Fatal Injuries in a Pedestrian Accident

Pedestrian injuries in accidents are often much more severe than those sustained by vehicle occupants. Pedestrians lack the protective safety features available to passengers inside vehicles, such as seat belts, airbags, or the vehicle’s structural frame to absorb impact forces. The impact therefore lands directly on the human body, which can cause immediate and severe injuries, even if the vehicle is not moving at high speed.

Some of the fatal injuries pedestrians can sustain in an accident include the following:

• Head injuries. Traumatic brain injuries (TBI) are a leading cause of death in pedestrian accidents. These can occur from the initial impact with the vehicle or secondary impacts with the ground or other objects.
• Spinal Cord Injuries. Significant trauma can harm the spinal cord, leading to either partial or complete paralysis. The force of the collision often determines the severity of these injuries.
• Internal bleeding. Internal injuries to the liver, spleen, or kidneys can lead to internal bleeding. The damage is particularly dangerous as it may not be immediately visible and may escalate to serious health issues.
• Fractures and broken bones. While fractures themselves may not be fatal, complications such as infections or damage to vital organs can lead to death. Compound fractures, characterized by the bone breaking through the skin, are particularly serious.
• Chest trauma. Injuries to the chest, including broken ribs and damage to the heart or lungs, can be life-threatening. Such injuries often result from the pedestrian being hurled onto the hood or windshield of a vehicle.

When involved in a pedestrian accident, one of the most critical aspects of successfully claiming compensation is proving the link between your injury and the incident. A pedestrian accident attorney is needed to demonstrate this link.

What to Do After a Pedestrian Accident in Ohio?

Owing to the fatal nature of passenger accidents, most injuries are severe enough to lead to death. In other cases, the accident may cause fatalities instantly on the scene. It is a devastating experience when such happens, yet you need to take steps to safeguard your legal rights.

Here are the steps to take:

• Contact authorities. Immediately report the accident to the police. An official report will document the details of the incident, which can be crucial for a wrongful death lawsuit.
• Gather evidence. Gather all available evidence as you can from the scene of the accident. This includes photographs of the location, any visible injuries, and contact information of witnesses. If the accident was caught on surveillance cameras, secure that footage.
• Seek legal advice. Consult with a pedestrian accident attorney in Ohio immediately. They will guide you on the available legal options and determine the next course of action.
• Notify the insurance company. Inform the insurance company about the accident. However, it is advisable to consult with your lawyer before providing any statements or accepting settlements. This is because insurers may try to use what you said to reduce the compensation offered and safeguard their bottom lines.
• Medical records and autopsy reports. Obtain all medical records and autopsy reports related to your loved one’s injuries and death. These documents are important for proving the cause of death and the extent of damages.
• Grief counseling. Coping with the loss of a loved one is emotionally challenging. Seeking grief counseling can provide support and help you manage your emotions during this difficult time. This step also demonstrates the need for pursuing emotional damages in your claim.

When is a Third Party Liable for an Accident?

In some pedestrian accidents, a third party may be held liable in addition to the vehicle driver. This denotes a situation in which someone other than the driver and the pedestrian is held responsible for the incident. Third-party liability can arise when another entity’s actions or negligence also contributed to the accident.

Examples of third-party liability include the following:

Employer liability

If the driver was performing work-related duties at the time of the accident, the employer might be held liable. This is all about “vicarious liability,” where employers are on the hook for what their employees do while working.

For example, if a delivery truck is involved in a collision, the trucking company could be held liable because the driver was acting within the course of their job.

Vehicle Owner Liability

If the vehicle involved in the accident was borrowed or rented, the owner of the vehicle might be held liable if they negligently entrusted the vehicle to an unfit driver. A good example is when an individual lends their car to a friend with a reckless driving history. If this friend causes an accident while driving the borrowed car, the vehicle owner might be responsible due to negligent entrustment.

Municipal Liability

Poorly maintained roads, inadequate signage, or malfunctioning traffic signals can contribute to accidents. For instance, if a pedestrian is hit because a traffic light at a busy intersection is not working properly, the local government could be held liable for the accident.

However, the defendant in such a case must demonstrate that the municipality did not repair the traffic signal even though they were aware of the problem.

Product Liability

If a vehicle defect, such as brake failure or a malfunctioning steering system, contributed to the accident, the vehicle’s manufacturer or its parts could bear liability under defective product liability laws.

Alcohol Serving Establishments

Under Ohio’s dram shop laws, establishments that serve alcohol to visibly intoxicated persons who then cause an accident may be held liable for resulting injuries or fatalities. For instance, if a bar continues to serve a patron who is clearly intoxicated and who later drives and hits a pedestrian, the bar could be held responsible for the accident.

Impact on Compensation

If a third party is found liable, the injured pedestrian can pursue compensation from multiple sources. This can potentially increase the total amount of compensation available. Your lawyer will build a strong case to demonstrate how the third party’s negligence contributed to the accident. This involves demonstrating the elements of negligence on the part of the third party:

• Duty of care
• Breach of duty
• Causation
• Actual losses or damages

What if the Pedestrian Was Partly Responsible?

Pedestrians often play a role in their own injuries. For example, many people don’t realize that texting while walking or walking along the road with headphones that block outside noises can be dangerous, in much the same way that distracted driving is. And, pedestrians killed in traffic are even more likely to be impaired by alcohol than the drivers who hit them. In 2020, more than 31% of pedestrians aged 16 and older who were killed by motor vehicles were legally intoxicated.

Often, there’s more than one contributing factor in a pedestrian accident. That means that a pedestrian who was partly responsible for their own injury may still be entitled to partial compensation. 

How to Deal with the Insurance Company?

One of the key things to remember is to be careful what you do to insurance companies after an accident. They may try to use your words against you to reduce the amount of compensation they have to pay.

When reporting the accident to your insurance company, it’s important to be concise and factual. Avoid admitting fault or providing unnecessary opinions. If possible, consult with a lawyer before speaking with any insurance company.

Immediately after an accident, you need to document everything—take photos of the scene, gather contact and insurance information from other involved parties, and file a police report. Your provider will be ready to question the evidence, so make sure to take thorough notes and gather as much evidence as possible. This can help support your claim and prevent any discrepancies.

Also, it is very important to understand your insurance policy— know what your coverage includes, your deductibles, and any limits on payouts. Your lawyer can help you interpret these details and ensure you are fully informed about your rights under the policy.

It’s important to note that insurance companies might propose quick settlements to appear sympathetic and to minimize their financial outlay. Nonetheless, do not accept any initial offers, as they often fail to fully encompass the extent of your damages or losses. A lawyer will review the settlement proposals and negotiate effectively to ensure they adequately compensate for all your damages.

Talk to an Ohio Wrongful Death Attorney

If you were hit by a car as a pedestrian or you have lost a loved one to a pedestrian accident, the best source of information about your rights and options is a consultation with an experienced wrongful death attorney. The lawyers at Dyer, Garofalo, Mann & Schultz have decades of experience helping Ohio injury victims and surviving family members secure the compensation they deserve.

You can schedule a free consultation right now by calling 937-222-2222 or filling out the contact form on this page.