


Understanding Pedestrian Rights in Ohio 
Ohio, like many other states, has clear rules protecting pedestrians, but it’s important to know how these rights apply in the event of an accident. Under Ohio law, pedestrians generally have the right of way in crosswalks, but this comes with certain responsibilities. Ohio Revised Code (ORC) section 4511.46 stipulates that drivers must yield to pedestrians who are walking in crosswalks. However, the law also requires pedestrians to be cautious and aware of their surroundings.
Pedestrians’ Right of Way at Crosswalks
Pedestrians in Ohio have the right of way when crossing at marked crosswalks. This includes both pedestrian-controlled and traffic-controlled crossings. Even if the light changes or there is a “Don’t Walk” signal, pedestrians must ensure that vehicles have stopped before crossing. While drivers are required to yield to pedestrians at crosswalks, it is still critical for pedestrians to be cautious and check for approaching vehicles. Pedestrian accidents often occur when the pedestrian is crossing at an intersection without a designated crosswalk or when drivers fail to yield the right of way. If you are involved in an accident while crossing at a marked crosswalk, you are generally in the right. However, Ohio’s comparative fault system can still play a role in determining compensation based on the extent to which the pedestrian may have contributed to the accident.Jaywalking and Other Risks
Despite having the right of way at marked crosswalks, pedestrians can still be held partially responsible if they jaywalk or cross at unmarked intersections. In Ohio, pedestrians are required to use crosswalks when they are available. If a pedestrian fails to do so and is struck by a vehicle, it can be difficult to claim damages because of the comparative fault law. For instance, if a pedestrian jaywalks and is struck by a vehicle, they may be considered partially at fault for the accident. In this case, Ohio law allows for comparative fault, meaning that if the pedestrian is found to be 30% at fault, they can still receive compensation, but it will be reduced by that 30% of their fault.Dan Ryan
Attorney
Elizabeth Fitzgerald
Attorney
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmPedestrian Safety Tips for Ohioans After the Time Change
As the seasons shift and the sun sets earlier, it is vital for pedestrians to remain vigilant about their safety. The shorter days create challenges for both drivers and pedestrians, as visibility becomes an issue for everyone on the road.- Use Well-Lit Areas: Pedestrians should always try to walk in well-lit areas, especially as it gets dark. Dark areas can make it harder for drivers to see pedestrians, particularly those who are not wearing reflective or bright clothing.
- Wear Reflective Clothing or Gear: One of the most effective ways to increase visibility is by wearing reflective gear. Whether it’s a reflective vest, jacket, or accessories like wristbands and hats, these items make it much easier for drivers to see pedestrians at night.
- Stay Alert and Avoid Distractions: While it may seem like common sense, many accidents occur because pedestrians are distracted by their phones or other devices. Keeping focused on the road and avoiding distractions can help pedestrians avoid accidents.
- Cross at Intersections or Designated Crosswalks: Whenever possible, pedestrians should cross the street at intersections or designated crosswalks. Even if no traffic is coming, it’s safer to follow the designated routes.
What to Do After a Pedestrian Accident in Ohio
If you are struck by a vehicle while walking, it’s important to remain calm and follow a few critical steps to ensure your safety and protect your ability to make a claim. Pedestrian accidents are often serious, resulting in injuries that range from broken bones to more severe trauma like brain injuries or spinal cord damage. Here are the key steps to take after an accident:1. Seek Medical Attention Immediately
Even if you don’t think you are seriously injured, it’s essential to seek medical attention. Some injuries may not be immediately visible or noticeable. For example, internal injuries or concussions can take hours or even days to present symptoms. By seeking medical attention right away, you not only protect your health but also create an official medical record of the injuries, which is critical for your insurance claim.
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2. Contact the Authorities
Regardless of the severity of the accident, always contact the police. An official police report can be crucial when filing an insurance claim or if you need to prove liability. In Ohio, accidents involving pedestrians must be reported to local law enforcement, and they will typically investigate the cause of the accident, including taking statements from the pedestrian, the driver, and any witnesses.3. Collect Evidence
If you are physically able, gather evidence from the accident scene. This can include:- Taking photographs of the scene, your injuries, and any damage to the vehicle.
- Noting the conditions of the road, including visibility, lighting, and traffic signs.
- Collecting contact information from any witnesses who saw the accident.
- Writing down details about the vehicle involved, such as make, model, color, and license plate number.
