Columbus, OH Pedestrian Accident Attorney

This video features Michelle Martin, a Civil Rights attorney based in Ohio.

What To Do After a Pedestrian-Car Accident

Video Transcript:

Michelle Martin: 

I say the vast majority of my experience has been working with pedestrians and making sure that they know their rights and that they exercise them.

Tom Mustin: 

What rights do you have as a pedestrian in Ohio? We're gonna talk to attorney Michelle Martin about that on today's episode of Ask the Lawyer. Michelle, thank you for joining us.

Michelle Martin: 

Oh, thank you for having me.

Tom Mustin: 

Great to talk to you. So what is your experience representing people who have been seriously injured or killed as a pedestrian?

Michelle Martin: 

Well, that's a great question. I have been an attorney now for almost a decade, and the bulk of my practice involves personal injury. And believe it or not, the bulk of my personal injury practice involves pedestrians versus motor vehicle accidents. Prior to becoming a personal injury attorney, I was a personal injury paralegal, and within that role, of course, I had the opportunity to serve Ohioans through, making sure that the pedestrians’ rights were exercised through the litigation process as support. So I say the vast majority of my experience has been working with pedestrians and making sure that they know their rights and that they exercise them.

Tom Mustin: 

Okay, so along the same lines, Michelle, if a person is walking in a crosswalk as a pedestrian and they're hit by a car, what should they do after they receive medical attention?

Michelle Martin: 

Well, immediately after receiving medical attention, you should rest and see if a friend or family member can reach out to a competent representation on your behalf. Given the fact that as a litigator, we have to gather as much evidence as soon as possible, make sure that we are protecting all the evidence and what we call preserving the evidence, making sure that any witness testimony is gathered ASAP. We like for any victims who are pedestrians who've been involved in any type of motor vehicle accident or harm to reach out to us as soon as possible within the first week or two, if that's possible. If not, maybe speak with a friend or family member before anything happens that if something should happen, they would know who to call and know what steps to take.

Tom Mustin: 

So Michelle, if you're in the hospital, should you use your own insurance or the other insurance policies available for pedestrians in cases like this?

Michelle Martin: 

Well, that's a tricky question, right? So most of the time, pedestrians and most injured parties who enter the hospital and receive emergency room care aren't really concerned about giving over their health insurance information at that time. Most of the time, they're just seeking the medical treatment that's necessary. And while you're in the hospital, of course, they have patient services that would approach you and make sure that they have the adequate payee for the services that are rendered. However, a lot of the times what I see is that folks may have been to the hospital at some time in the past, some point in their life, and they've given over that insurance information, and because that insurance information is on file, the hospital will go ahead and bill that insurer to make sure that they're paid and/or adequately compensated as well as they should be adequately compensated. So you should attempt to use the insurance for the at-fault party. However, a lot of the times those wires get crossed just trying to get the treatment.

Tom Mustin: 

Sure, and one question I had is, what if it's a hit-and-run accident? Can you still help people in those circumstances?

Michelle Martin: 

Absolutely, and those are the types of cases that I want people to call me ASAP because if it is a hit-and-run situation, not only do I have to get my own investigators, independent investigators on the case, I have to work with Franklin County. We're here in Franklin County, but I have to work with the county prosecutor to make sure and... I'm sorry, the county prosecutor, the administrative officers such as the CPD, here that's the Columbus Division of Police or whatever police division there is, to make sure that the investigations are moving along appropriately, and to make sure that any aid that we can offer, we do so. So it's very important in hit-and-run situations that you get someone on the case absolutely as fast as you can.

Tom Mustin: 

And what happens if someone's hit by a city bus like COTA? Does that make a difference?

Michelle Martin: 

It does. So generally, COTA has what we call qualified immunity because they are a governmental entity here in Columbus, Ohio. They have an immunity that protects them from certain negligent acts that may be performed, and a lot of that does involve pedestrian rights. You don't know if your case is going to qualify as a... You don't know if your case is going to be considered a qualified immunity case until you speak with a competent attorney and discuss the facts of the case, the timing as well as any other parties that may have been involved.

Tom Mustin: 

Okay, what happens if a pedestrian is at fault. Let's say they were jaywalking. Does that affect the case and how is fault determined in those kind of situations?

Michelle Martin: 

You are giving me great questions today. So that definitely makes a difference. As we've talked about plenty of times, here in Ohio we have comparative fault laws, which of course allocate liability based on which party may have acted more or less negligent. A lot of the times you'll see pedestrian versus motor vehicle accidents where the pedestrian may not have been in the crosswalk, and that's really gonna come down to discernment, whether or not the motor vehiclist had the opportunity to see as well as... See the pedestrian and prevent the accident before it took place.

Tom Mustin: 

Well, Michelle, we hit you with a lot of tough questions, but you gave us great answers. So thank you for joining us. Always a pleasure.

Michelle Martin: 

Thank you again.

Tom Mustin: 

And that's gonna do it for this episode of Ask the Lawyer. My guest has been Michelle Martin. If you want to ask Michelle a question about your situation, call the number you see on the screen. Thanks for watching. I'm Tom Mustin for Ask the Lawyers.

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