Struck in a Crosswalk in Ohio: The Right of Way and Your Injury Claim

Attorney Answer

Where no traffic signal controls the crossing, Ohio requires drivers to yield to a pedestrian in a crosswalk. A pedestrian struck there has a claim against the driver for medical bills, lost income and the rest of the harm. The claim is reduced only by any share of fault that was the pedestrian's own, and barred only if that share was greater than the driver's. The deadline is two years.

The driver's duty. Ohio Rev. Code § 4511.46(A):

(A) When highway traffic signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle, trackless trolley, or streetcar shall yield the right of way, slowing down or stopping if need be to so yield or if required by section 4511.132 of the Revised Code, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Where a signal does control the crossing, the signal decides who had the right of way, and that becomes the first question in the claim.

The pedestrian's duty. Ohio Rev. Code § 4511.46(B):

(B) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, trackless trolley, or streetcar which is so close as to constitute an immediate hazard.

That is the rule the driver's insurer will look to if it argues you share the blame.

How fault is divided. Ohio Rev. Code § 2315.33:

The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. The court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff as determined pursuant to section 2315.34 of the Revised Code.

Who pays. The driver's liability insurance is the main source. If you have an auto policy of your own, it may include coverage that applies even when you were on foot, such as medical payments or uninsured or underinsured motorist coverage. Those are optional in Ohio, so check your policy.

What you can do

1. Get medical care and follow it through. Keep every record and bill.

2. Get the police report number, and the driver's name and insurer if they are on it.

3. Note the crossing: whether it was marked, whether a signal controlled it, and where you were in it. Photos help.

4. Keep a list of work you missed and costs you paid.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Two years from the crash to sue for injury under Ohio Rev. Code § 2305.10(A). Treatment, insurance negotiations and a pending police matter do not pause it.