Ohio Pedestrian Laws: A Comprehensive Guide for Accident Victims

Understanding Ohio’s pedestrian laws is crucial for both pedestrians and drivers. These laws are designed to protect pedestrians, who are the most vulnerable road users. This guide provides a detailed explanation of the key provisions of the Ohio Revised Code (ORC) related to pedestrian rights and responsibilities, as well as other relevant legal concepts.

Several sections of the ORC directly address pedestrian safety and rights. These laws establish the rules of the road for both pedestrians and drivers, and they are essential for understanding liability in pedestrian accident cases.

This is arguably the most important Ohio law protecting pedestrians. ORC 4511.46 states that drivers must yield the right-of-way to pedestrians who are:

• Within a marked crosswalk.
• Within an unmarked crosswalk at an intersection.

This means that if a pedestrian is legally crossing the street in a crosswalk, drivers must stop and allow them to cross safely. The law also specifies that drivers cannot pass another vehicle that has stopped at a crosswalk for a pedestrian.

This section addresses situations where sidewalks are not available. ORC 4511.48 states that pedestrians:

• Must walk on the shoulder of the road, as far as practicable from the edge of the roadway.
• Must walk facing oncoming traffic. This allows pedestrians to see approaching vehicles and take evasive action if necessary.

If neither a sidewalk or a shoulder is avaiable, the pedestrian should walk on the roadway as near as possible to an outside edge of the roadway, and, if a two-way roadway, shall walk only on the left side of the roadway.

This law requires both drivers *and* pedestrians to obey all traffic signals and signs, including:

• Traffic lights
• Stop signs
• Pedestrian crossing signals (“Walk” and “Don’t Walk” signals)

A pedestrian has a right to rely on the fact that the driver will also follow the traffic rules.

This section clarifies the meaning of pedestrian control signals:

• Walk: Pedestrians facing the “Walk” signal may proceed across the roadway in the direction of the signal. Drivers must yield the right-of-way.
• Don’t Walk (Flashing): Pedestrians should not start to cross the roadway, but any pedestrian who has partially completed their crossing on the “Walk” signal may proceed to a sidewalk or safety island.
• Don’t Walk (Steady): No pedestrian shall start to cross the roadway.

This law prohibits pedestrians from standing in the roadway to solicit a ride, employment, or business from the occupant of any vehicle. It’s important to note that “roadway” is defined as the portion of the highway used for vehicular travel – it does *not* include the berm or shoulder.

While not specifically about pedestrians, this law is highly relevant to pedestrian accident cases. ORC 4511.21 requires drivers to maintain a speed and distance that allows them to stop within the “assured clear distance ahead.” This means drivers must be able to see and react to any hazards in their path, including pedestrians. A violation of this rule is often strong evidence of negligence.

Other sections that may be relevant, include:

• 4511.481: Intoxicated or Drugged Pedestrian on Highway
• 4511.49: Pedestrians Shall Not Unexpectedly Leave Curb
• 4511.50: Pedestrians on Bridge or Railroad Crossing
• 4511.51: Pedestrians Yield to Public Safety Vehicles
• 4511.511: Blind Pedestrians

Ohio follows a “modified comparative negligence” rule. This means that even if a pedestrian was partially at fault for an accident, they may still be able to recover damages, *as long as they were not more than 50% responsible*. If the pedestrian is found to be more than 50% at fault, they are barred from recovering any compensation. If they are 50% or less at fault, their recovery is reduced by their percentage of fault. For example:

• Total damages: $100,000
• Pedestrian’s fault: 20%
• Driver’s fault: 80%
• Recoverable damages: $80,000 (reduced by 20%)

If you’ve been injured in a pedestrian accident in Columbus, these laws will play a crucial role in determining liability and your ability to recover compensation. An experienced attorney at Hyslip Legal, LLC can analyze the specific facts of your case, determine which laws apply, and build a strong legal strategy to protect your rights. Contact us today for a free consultation.