Pedestrian Accident Claims: Legal Rights vs. Common Misconceptions
Pedestrian accidents are unfortunately common across the United States, and Southwestern Ohio is no exception. Whether it happens in a crosswalk in Warren County or along a neighborhood street in Clermont County, being struck by a vehicle can lead to severe injuries, emotional trauma, and a long road to recovery.
At Diehl & Hubbell, LLC, we believe in breaking down the legal process and giving each client the individualized care they need. That starts with understanding your rights — and dispelling some of the most damaging myths that may prevent victims from seeking the justice they deserve.
Here, we’ll explore the most common misconceptions about pedestrian accident claims, your legal rights under Ohio law, steps to take after an accident and how our firm can help clients in Warren County, Clinton County, Highland County, Clermont County, and Butler County.
Common Misconceptions About Pedestrian Accidents
Pedestrian accident claims are often misunderstood. These misconceptions can lead injured individuals to delay filing a claim, fail to collect vital evidence, or even assume they’re not entitled to compensation. Let’s clear the air by exploring four common misconceptions:
Misconception #1: “The pedestrian is always at fault if they weren’t in a crosswalk.”
Fact: While Ohio law requires pedestrians to use crosswalks when available, not being in a marked crosswalk does not automatically make the pedestrian at fault. Drivers still have a duty to operate their vehicles safely and to watch for pedestrians at all times. Liability depends on a full evaluation of the circumstances, including speed, visibility, and driver behavior.
Misconception #2: “If I was partly at fault, I can’t recover anything.”
Fact: Ohio follows the rule of comparative negligence. This means that even if you were partially at fault for the accident (e.g., crossing mid-block or distracted walking), you can still recover compensation — as long as you were less than 51% at fault. Your compensation may be reduced proportionally, but you are not barred from recovering.
Misconception #3: “Minor injuries aren’t worth pursuing legally.”
Fact: What may initially seem like a minor injury could worsen over time. Internal injuries, concussions, and even musculoskeletal damage can emerge days or weeks after the incident. It’s important to get medical treatment immediately and document everything. Never assume your injuries are “too small” for legal action.
Misconception #4: “Insurance will take care of everything—I don’t need a lawyer.”
Fact: Insurance companies are not on your side. Their goal is to minimize payouts, not maximize your recovery. Without skilled legal representation, you may be offered a lowball settlement that doesn’t begin to cover your medical bills, lost wages, or pain and suffering. At Diehl & Hubbell, we deal with the insurance companies so you can focus on healing.
Your Legal Rights as a Pedestrian in Ohio
If you’ve been struck by a car or other motor vehicle while walking, you have specific legal rights protected by both Ohio statutes and case law. Here's what you need to know:
Right to Seek Compensation
You have the legal right to file a personal injury claim against the at-fault party to recover compensation for the following: medical expenses (past, current, and future), lost income and diminished earning capacity, pain and suffering, emotional distress, permanent disability or disfigurement, rehabilitation and therapy costs.
Right to a Timely Filing
Under Ohio’s statute of limitations, you typically have two years from the date of the accident to file a personal injury claim. Missing this deadline can bar you from recovering compensation—another reason why it’s important to consult an attorney promptly.
Right to Legal Representation
You have the right to be represented by an attorney who understands pedestrian accident law in Ohio. At Diehl & Hubbell, we use our experience and knowledge to handle every aspect of your claim—from investigating the crash and working with experts to negotiating with insurers and, if necessary, representing you in court.
What to Do After a Pedestrian Accident
Taking the right steps after a pedestrian accident can make a significant difference in the strength of your case and the compensation you receive.
Step 1: Seek Immediate Medical Attention
Your health is the top priority. Even if you feel fine, some injuries—like concussions or internal bleeding—can be delayed. Document every visit, diagnosis, treatment plan, and prescription.
Step 2: Call Law Enforcement
Make sure a police report is filed. This report will include important details like witness statements, preliminary fault analysis, and location of the incident. Always request a copy of the report for your records.
Step 3: Gather Evidence
If you’re able, take photos of the scene, your injuries, the vehicle involved, street signs, and lighting conditions. Collect names and contact info of witnesses. If you’re unable to do this yourself, a trusted friend or family member can assist.
Step 4: Do Not Talk to Insurance Adjusters Alone
Insurance companies often contact victims soon after an accident. Don’t make any recorded statements or accept any settlement offer without first speaking to a lawyer. What you say can be used to limit your claim.
Step 5: Contact Diehl & Hubbell
We provide a free initial consultation and will guide you through your legal options. Every case is unique, and our approach reflects that. We take the time to understand your circumstances and give your case the personal attention it deserves.
How Diehl & Hubbell, LLC Supports Pedestrian Accident Victims
Our firm is proud to serve the communities of Warren County, Clinton County, Highland County, Clermont County, and Butler County with compassion, experience, and a personal touch. Here's how we can help:
Personalized Legal Strategy
No two pedestrian accidents are the same. We don’t rely on cookie-cutter strategies. Instead, we tailor our approach to your specific situation—whether that means bringing in accident reconstruction experts, negotiating aggressively with insurers, or preparing for trial.
A Commitment to Communication
You're never just a number to us. We keep you informed throughout the process and are always available to answer your questions. When we say we’ll handle your case with care, we mean it.
Thorough Investigation & Evidence Gathering
From reviewing traffic camera footage to interviewing eyewitnesses and consulting with medical professionals, we leave no stone unturned when building your case.
Maximum Compensation Focus
We don’t settle for quick, low-value payouts. We fight for the full compensation you need to move forward—physically, emotionally, and financially.
Frequently Asked Questions
Q: What if the driver fled the scene? You may still be able to recover compensation through your own uninsured motorist coverage. Our attorneys can help you get through this complicated process.
Q: Can I file a claim on behalf of a child injured in a pedestrian accident? Yes. Parents or legal guardians can file claims for minors, and additional protections are often put in place for future medical care or education funds.
Q: How long does a typical pedestrian accident claim take? Each case varies depending on the severity of the injuries, cooperation from the insurance company, and the need for litigation. While some claims resolve in a few months, others may take over a year.
Contact Diehl & Hubbell Today
A pedestrian accident can be devastating, but you don’t have to face the legal aftermath alone. At Diehl & Hubbell, LLC, we are committed to helping injury victims across Southwestern Ohio, including Warren County, Clinton County, Highland County, Clermont County, and Butler County get the justice and compensation they deserve. Call us today for a consultation to learn more about your rights and how we can help you reclaim your life after a pedestrian accident.