Posted: December 21, 2018
Pedestrian injuries are all too common in Cincinnati and the pedestrian is often wrongly blamed. Just recently two students were struck by car while on the way to school.. This past thursday 12/14/2018 a student was struck in a crosswalk on the way to school. Asia Allen's daughter was struck and nearly lost her leg according to news reports. She was crossing Ferguson road trying to get to a school bus.
On this very same day another student, a sixth grader, was struck as a pedestrian. Reports were that the child was not seriouly injured. Of course, serious is a matter of the nature and the extent of injury. And what news reports say is not serious merely means the person will survive and is not in a coma or lost a limb or had surgery. So the injury could very well be termed serious.
Also back in September Shauna Rodriguez's daughter, :Gabby Rodriguez, was struck and killed. You would have thought some awareness would have been raised, but obviously not enough.
Over 13 Cincinnati Public School Students Struck This Year
It has been reported that 13 students have been struck as pedestrians this year. The police need to pick up their presence. But these pedestrian injuries are not their fault. And of course our Cincinnati council is fighting with the school board to point fingers. They are now in a fight over who should pay crossing guards. So who is to blame in this pedestrian accidents?
Students in Crosswalks Absolutley Protected From Cars
If a student is in a crosswalk and walking with the walk light they should be protected. Of course, many drivers are speeding or texting. So in many cases the negligent drivers are to blame. They are failing to exercise reasonable care when they are behind the wheel.
Ohio Crosswalk Statute
The Ohio crosswalk statute is very clear. R.C. 4511.46 Right -of-Way When Pedestrian in crosswalk states in pertinent part:
A) When traffic control signals are not in place...the driver of a vehicle shall yield the right of way to a pedestrian crossing thee roadway within a crosswalk when the pedestrian is uponj the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approacing so closely from the opposte direction to be in danger.
Through out the state of Ohio pedestrian deaths have doubled. So Cincinnati is not alone in this epidemic of pedestrian motor vehicle collision injuries and deaths.
Common Pedestrian Accidents
Commonly pedestrian accidents happen when cars turn right on red. As the pedestrian starts to walk with the walk light a car traveing on the intersecting street turns with out paying attention or looking out for pedestrians. Or a car could be making a left turn and the driver also not looking out for pedestrians.
What Should Pedestians Do if Injured By a Auto Strike
It is critical for the injured pedestrian to get help right away. Not just medical but also legal in the form of a great personal injury lawyer that is familiar with what evidence needs to be preserved. There is much that can be done if done quickly. The scene should be documented. 911 calls should be checked. Witnesses must be interviewed as well as police officers. The traffic department must be checked to make sure there were no malfunctions.
Further Reading on Pedestrian Accidents
For a compendium of all the laws that relate to pedestrians take a look at the link at the Ohio Depatment of Transportation article.
About hte Author
Anthony Castelli is a experienced personal injury attorney that has over 30 civil jury verdicts. He has successfully represented pedestrians injured in motor vehicle accidents. He is an author, lecturer and mediator in the legal field and always offers free initial consultations.
