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Contributory negligence in auto-pedestrian litigation

Negligence forms the backbone of many personal injury claims and when an Ohio resident is hurt in an auto-pedestrian accident, they may sue the other party for that party’s wrongdoing. To prevail, they must generally show that the other party owed them a duty of care, that they breached their duty and that their breach caused the victim’s injuries and losses. However, a party who is sued for causing another person’s harm may allege that the victim exercised negligence as well and that they were partially responsible for their own injuries.

In Ohio, a victim whose actions add to their losses may see their damages reduced by the proportion of fault that they contributed. For example, if in an auto-pedestrian accident a pedestrian is found to be 20 percent at fault for the incident then they may only receive 80 percent of their damages.

There ways that pedestrians can be negligent and can cause their own harm when it comes to accidents with motor vehicles. When pedestrians behave erratically and do not allow drivers enough time to react and avoid hitting them, the pedestrians may be liable for some of the harm they suffer. Also, when pedestrians fail to obey traffic signs and signals, such as crossing outside of a crosswalk or crossing a street despite a “no walk” signal they may contribute to their own harm if accidents result.

Both pedestrians and drivers should take care to avoid collisions and injuries. But, those who contribute to auto-pedestrian accidents should be prepared to bear some of the burden of the losses that were sustained, regardless of whether they are the victim or the apparent negligent party.

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