Pedestrian accident liability depends on the actions of both the driver and the pedestrian immediately before a crash. Drivers can fail to yield the right-of-way or may become distracted before colliding with another person. In some cases, however, a pedestrian’s own negligence may cause or contribute to a crash.
Proving who had the right-of-way depends on traffic controls, lines of sight, and other evidence from the crash scene.
When a Driver Is at Fault
Drivers have a duty to act reasonably when sharing Ohio roadways with pedestrians. According to Ohio Revised Code § 4511.46, unless controlled by traffic signals, motorists must generally yield to pedestrians lawfully within a crosswalk when the walker is on the vehicle’s half of the roadway or so close to the vehicle’s half of the roadway as to be in danger.
A driver could therefore be liable for failing to yield to a pedestrian in a crosswalk. Other types of negligent driving, such as speeding or distracted driving, may also cause a crash. Drivers should be aware of pedestrians throughout the Dayton area. Pay particular attention in busy areas downtown near RiverScape MetroPark, in the Oregon District, and along streets with businesses and entertainment districts.
Pedestrian accidents occur throughout Montgomery County. The Ohio State Highway Patrol logged 162 pedestrian crashes in Montgomery County throughout 2025. In 59 of those incidents, the crash happened because a driver neglected to yield. Eight crashes were alcohol-related. These statistics demonstrate how driver behavior and pedestrian behavior may become a factor when determining liability for a collision.
When Is a Pedestrian at Fault?
Ohio’s pedestrian accident laws place responsibility on both drivers and pedestrians. Ohio law states that pedestrians should generally yield to vehicles if they are crossing at one of the following:
- Somewhere other than in a marked crosswalk
- Within an unmarked crosswalk that is not located at an intersection.
Pedestrians should use a marked crosswalk between adjacent intersections that have traffic signals. Still, Ohio law insists drivers must always take reasonable steps to avoid hitting anyone on foot, regardless of where they are crossing.
Pedestrians should also not enter the path of a vehicle suddenly from a curb or other place of safety. Pedestrians should yield to vehicles that are so close as to constitute an immediate hazard. In essence, fault does not solely depend on whether the pedestrian was inside of a marked crosswalk.
When Both Drivers Are at Fault
Ohio follows the doctrine of modified comparative negligence. This means that a pedestrian may still be able to recover damages even if they were partially at fault. The pedestrian’s total recoverable damages would generally be reduced by that person’s portion of fault, however.
Drivers and pedestrians can be partially at fault for causing a collision. If a pedestrian’s portion of fault goes above the permitted amount under Ohio comparative negligence law, he or she cannot recover any compensation.
Dayton Pedestrian Accident Attorneys at Spangenberg Shibley & Liber
Spangenberg Shibley & Liber has represented injured people since 1946. With over $1 billion in verdicts and settlements, the law firm has a strong track record of client success. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
Spangenberg Shibley & Liber has obtained 25% of all million-dollar-plus verdicts in Ohio over the past two years. We’ve secured substantial compensation, exceeding a million dollars in some instances, for victims with catastrophic brain damage, irreversible injuries, and fatal auto accidents.
Hire a Pedestrian Accident Lawyer Today
You may want to hire a pedestrian accident lawyer if you were hit by a driver who disputes fault and the crash caused catastrophic injuries or death. Spangenberg Shibley & Liber can help you in your case, whether it settles or progresses to court.
Should the venue and jurisdiction requirements be satisfied, your case concerning pedestrian injuries would proceed before the Montgomery County Common Pleas Court, located at 41 N. Perry Street, Dayton, OH 45422. Contact us today to seek help for your pedestrian accident claim.
