Walking After Dark: The Rights of Pedestrians in Nighttime Car Accidents
Posted in: Legal Blog
KNR Legal Blog
Cincinnati’s downtown area can get extremely busy, especially during events like concerts, Bengals or Reds games, festivals, and other large gatherings. With so many people walking around enjoying the city, it’s essential to be mindful of your surroundings and practice pedestrian safety.
If you were injured in an accident that wasn’t your fault, the Cincinnati personal injury lawyers at Kisling, Nestico & Redick can help. Our attorneys are highly experienced in pedestrian-involved car accidents. We will investigate your case, determine liability, and ensure your rights are protected. Call (513) 221-0499 today for a free consultation.
Events that draw large crowds often result in increased pedestrian traffic, which unfortunately can lead to more accidents. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities account for about 17% of all traffic-related deaths nationwide.
In Cincinnati, pedestrian accidents are a serious concern, particularly in high-traffic areas. The Ohio State Highway Patrol reported 379 pedestrian accidents in Hamilton County in 2023, with 16 of those being fatal. These incidents are common on weekend afternoons and often occur at major intersections and popular pedestrian spots such as:
Major events like Bengals and Reds games bring tens of thousands of people downtown, increasing the likelihood of accidents due to the high volume of both pedestrians and vehicles.
Pedestrian accidents in Cincinnati are often caused by distracted driving, distracted walking, speeding, failure to yield at crosswalks, and high-traffic events near places like Great American Ball Park, The Banks, and Over-the-Rhine. Accidents are also common near major intersections downtown, and around popular destinations like Fountain Square, Paycor Stadium, and the University of Cincinnati campus.
While distracted driving is well-known, distracted walking has become a significant issue in high-traffic areas like downtown Cincinnati. Distracted walking occurs when pedestrians are preoccupied with activities such as texting, eating, or listening to music, which diverts their attention from their surroundings.
According to the National Safety Council, distracted walking accidents disproportionately affect people aged 35-44 and 55-64. Whether it’s tripping over a curb or being hit by a distracted driver, these accidents are preventable by staying alert.
To stay safe while walking in busy areas like Cincinnati’s downtown, here are some tips to reduce your risk of injury:
Cincinnati has taken proactive steps to enhance pedestrian safety through various local initiatives. The Vision Zero program aims to eliminate traffic-related deaths and severe injuries by 2030. The city is redesigning streets, improving signage, and installing flashing crosswalks to make areas safer for pedestrians.
Recent projects include:
Additionally, the city provides tools like the Crash Report Dashboard, which tracks pedestrian crashes, allowing residents to see where accidents occur most frequently.
If you’re hit by a car while walking in Cincinnati, you have the right to pursue compensation for your medical expenses, lost wages, and pain and suffering. The insurance claim process can be challenging, as insurers often try to minimize payouts with tactics like lowball settlement offers or shifting blame to you.
Working with an experienced lawyer can help protect your rights and ensure you’re not unfairly blamed for the accident. A lawyer will handle negotiations with insurance companies, maximizing your compensation and ensuring you recover everything you’re entitled to. They will also represent your best interests, gather evidence to prove liability, and make sure you’re not pressured into accepting an inadequate settlement.
With legal support from a local car accident lawyer, you’ll have a better chance of receiving the full and fair compensation you deserve.
If you’re hit by a car, immediately seek medical attention, even if you don’t feel injured. Call the police to report the accident, gather witness information, and take photos if possible. Then, contact a personal injury lawyer to discuss your legal options.
Liability in a pedestrian accident depends on who was negligent. Often, drivers are at fault, especially if they were speeding, distracted, or disregarding traffic signals. However, pedestrians can also share liability if they were jaywalking or not following traffic laws.
Yes, Ohio follows a comparative negligence rule, which means you can still recover compensation if you’re less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
You may be eligible to receive compensation for medical bills, lost wages, pain and suffering, and other damages. A personal injury lawyer can help determine the full value of your claim based on the specifics of your case.
In Ohio, you typically have two years from the date of the accident to file a personal injury claim. It’s crucial to act quickly to ensure all evidence is preserved and your rights are protected.
Having a lawyer can significantly improve your chances of recovering fair compensation. A lawyer will investigate the accident, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own insurance policy if you have uninsured/underinsured motorist coverage.
If you’ve been hurt in a pedestrian accident in Cincinnati, don’t wait. Contact Kisling, Nestico & Redick today. We have experience representing pedestrians injured in high-traffic areas, whether during Reds games, festivals at Fountain Square, or around Findlay Market. Our Cincinnati personal injury lawyers will fight to ensure you receive the compensation you deserve.
Call KNR today at (513) 221-0499 for a free, no-risk case evaluation.