Safety should be a top priority for all pedestrians and their loved ones. Understanding the rules and laws is imperative for safety. But what are these rules and what are they specifically for the state of Ohio? And what should you do if you or your loved one is in a pedestrian accident?
Here at Spivak and Sakellariou, we’ve put together this helpful guide to help you understand your rights and how to protect yourself and your family best. If you have any legal questions concerning these rights please do not hesitate to reach out to one of our trained personal injury attorneys to better understand your rights.
Who Has the Right of Way?
Who has the right of way in Ohio, pedestrians or drivers? The answer is both. Depending upon the situation the law would determine one individual could be at fault. What are those specific instances?
When Does a Pedestrian Have the Right of Way?
A pedestrian has the right of way in the following situations.
- When on a sidewalk, if a driver emerges from a driveway or private road they must always stop before reaching the sidewalk.
- On a marked crosswalk when the traffic control lights indicate so.
- On a marked crosswalk when there are no traffic control lights or they are not in operation.
- On a marked crosswalk, if a car has stopped to allow a pedestrian to cross, another car may not pass the stopped car.
- A pedestrian who is blind with a cane or guide dog always has the right of way.
These are some, but not all, ways in which a pedestrian in Ohio would have the right of way. More specific details on Ohio pedestrian safety laws can be found here. Pedestrians are always expected to exercise good sense when crossing the street and may not step in front of a vehicle without giving the driver or operator time to yield.
When Does a Driver Have the Right of Way?
In the following situations, a driver in Ohio would have the right of way over a pedestrian.
- When a pedestrian is crossing the road outside of a marked crosswalk.
- A marked crosswalk if the traffic signals do not indicate it is safe to cross.
- If a pedestrian is crossing the street diagonally outside of the crosswalks they forfeit the right of way.
- All vehicles in a funeral procession have the right of way.
- Emergency vehicles with lights flashing have the right of way.
Again, this is not an exhaustive list. Both drivers and pedestrians are expected to practice common sense and good judgment when crossing the street. More specific details on the right of way for drivers can be found here.
Pedestrian Safety Tips
Accidents can still happen even with the best of intentions. But there are steps you can take to protect yourself and your loved ones. Here are some pedestrian safety tips for keeping yourself safe as a pedestrian on the roads.
- Always walk on a sidewalk or pathway.
- If a sidewalk or pathway is not available, walk against the flow of traffic.
- Always cross where there is a designated crosswalk when the traffic lights indicate it is safe.
- If this is not an option opt for a well-lit, lightly trafficked area, drivers will have the right of way so wait until there is a safe break in traffic.
- Always be alert, being distracted by a phone or headphones could lead to a dangerous situation.
- Seek out other avenues home if you are intoxicated. According to the National Highway Traffic Safety Administration (NHTSA), 47% of fatal pedestrian accidents occur when the pedestrian is drunk.
- Wear reflective clothing, especially at night.
More safety tips from the NHTSA can be found here. None of these tips are foolproof. Always exercise caution when crossing the street.
What Should I Do If I’m in an Accident?
If you are in an accident there are several steps you should take to protect yourself physically and legally. If you are in an accident be sure to take the following steps.
- Seek medical care, even if your injuries seem minor your body could be in shock and injuries may not be apparent right away.
- Get the contact information of the driver if you can.
- Get the contact information and accounts of the accident from any witnesses.
- Consider calling the police to get an official report.
- Write down your own account of everything that happened.
- Contact one of our personal injury attorneys right away so we can fight to protect your legal rights while you focus on yourself.
Being in an accident is a scary and disorienting experience. Following these steps will help you take control of this experience and seek out the help you need to fight for what you deserve.
How We Can Help
Here at Spivak & Sakellariou, we have worked with hundreds of victims of accidents. Our personal injury attorneys are well-trained in traffic laws and pedestrian rights and are ready to fight for what you deserve. We offer free consultations and it costs absolutely nothing upfront to partner with us. We will only ever take a fee if we win your case.
There is absolutely no risk in partnering with us today. Let us fight for what you deserve.
How to Contact Us
We have many different ways for you to contact us day or night.
- On our website, we have a secure live chat where you can ask any questions you may have about your case.
- You can call or text Alan or George directly at (513)-532-2201.
- You can find these and more options on our website.
Here at Spivak and Sakellariou, we want you to get what you deserve. We have years of experience working with victims of accidents and can offer you or your loved one the legal care you need. Contact us today and take a step towards fighting for your rights.