Pedestrian Accident Claims in Ohio

Where traffic signals are not in place, not working, or not clearly assigning the right of way, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. Drivers must still use due care to avoid hitting any pedestrian.

Modified comparative fault (51% bar). An injured person can recover as long as their own fault was not greater than the combined fault of all other persons; damages are reduced by the injured person's percentage of fault. A person found more than 50% at fault recovers nothing.

Ohio requires proof of financial responsibility of at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage. Ohio is not a no-fault state: the Department of Insurance describes liability coverage as paying when you are at fault, and medical payments coverage, which pays regardless of fault, is optional.

An action for bodily injury must be filed within two years after the cause of action accrues, which is generally when the injury occurs. For injuries from exposure to certain substances (such as hazardous chemicals, prescription drugs or medical devices, or asbestos), the clock starts when the person learns, or reasonably should have learned, that the injury is related to the exposure.