If you’re hit by a car while jogging, then you can get compensation related to medical costs, lost wages, and pain and suffering. However, you need to take the correct steps to protect your rights and increase your chances of a fair settlement or court award. This includes seeking medical help, gathering evidence, and most importantly, consulting an experienced attorney.
According to Statista, around 50 million Americans enjoy running and jogging, and it’s one of the most popular forms of exercise in the world. You’d think that because it’s such a popular activity, the general public would be fantastic at protecting these pedestrians. However, it’s still common to see joggers get hit by cars, especially if the drivers are distracted with other things, like smartphone usage.
You can do everything you can to avoid being hit by a car, but there’s still a chance an accident may happen. So what should you do if this happens? Read on to find out.
What Should I Do After I Get Hit by a Car?
What you do immediately after the collision is extremely important. Not only are your actions vital to your health, but they’re also essential for any legal claim you might pursue.
Seek Medical Attention
Even if your injuries seem minor, you never know if you have a concussion or internal bleeding, which may not have immediate symptoms. Plus, getting prompt medical attention provides you with medical documentation, which creates a clear link between the accident and your injuries.
Call Law Enforcement
The police can create an accident report, which serves as valuable evidence. You’ll need it when negotiating with insurance companies or in court.
Gather Evidence
You should get contact information from the driver and any witnesses who saw the accident. You should also take pictures of:
- The scene
- Your injuries
- Any property damage
Avoid Speaking to Insurance Companies Alone
Insurance companies will always try to minimize payouts, so don’t speak to them alone. You should consult with a personal injury attorney, who will protect your rights. They’ll also advise you on:
- Liability
- Damages
- Next steps
Should I Admit Fault at the Scene?
You should never admit fault at the scene. In fact, you shouldn’t even utter casual statements, like “I’m okay,” as they can be used against you later on.
Liability should always be determined through evidence, not assumptions. Of course, you should provide factual information to the police, but be conscientious about admitting blame.
Your Right to Compensation
If you’ve suffered injuries while jogging due to a car accident, then there are pedestrian accident rights for you. The types of compensation you can get include:
- Medical expenses
- Lost wages and future earnings
- Pain and suffering
- Property damage
- Punitive damages
Determining Liability After a Jogging Accident
Liability usually depends on negligence. So in most cases, the driver would be at fault, especially if they were:
- Distracted
- Speeding
- Violating traffic laws
However, it may be surprising, but you may be liable as well. For example, if you were jogging at night without reflective gear, then you might have to share liability.
This is why it’s important to have an attorney. They can investigate the relevant factors to build your case.
The Role of Insurance in Pedestrian Accidents
The type of insurance coverage determines how compensation is paid out. Here are the key considerations:
- Driver’s auto insurance: Bodily harm and property damage
- Your health insurance or personal injury protection (PIP): Medical costs
- Uninsured/underinsured motorist coverage: Your own policy can provide compensation if the driver doesn’t have adequate insurance
When to Consider Filing a Lawsuit
Negotiations with insurance may fail, so there’s the possibility of jogging accident claims. These situations may warrant a lawsuit:
- Severe injuries needing long-term treatment
- Disputes about liability
- Insurance offering inadequate settlement amounts
- Cases involving reckless or intentional conduct by the driver
Frequently Asked Questions (FAQs)
How Long Does It Take to Heal From Being Hit by a Car?
How long it takes to heal from being hit by a car really depends on how severe your injuries are. For example, if you only have minor bruises, then it’ll take just a few weeks to heal. However, if you have fractures, concussions, or spinal injuries, these could take months or even years for full recovery.
In addition, you may have emotional damage from the accident. This may require therapy and support, and it can take years to come to terms with.
Do I Need a Lawyer if the Driver’s Insurance Company Offers a Settlement?
Yes, it’s best to consult with an attorney to get professional car accident legal advice. Initial offers are often far lower than what you actually deserve, so having a legal professional on your side before accepting any settlement can be invaluable.
What if the Driver Fled the Scene?
If the driver fled the scene, then this is considered a hit-and-run, and you should report it immediately to the police. You can still get compensation through your uninsured motorist coverage or crime victim compensation funds, but it depends on the state you’re in.
Can I Still Get Compensation if I Wasn’t in a Crosswalk?
You may be wondering if you can still get compensation for jogging accidents if you weren’t in a crosswalk. Yes, you can, but it may affect the percentage of liability assigned to you.
States that have comparative negligence laws allow compensation even if you were partially at fault. Do note that your award may be reduced.
How Long Do I Have to File a Claim?
The statute of limitations varies by state. But typically, it’s between 1 and 3 years from the date of the accident.
Stay Safe as a Jogger
When you go jogging, you must be aware of your surroundings and run defensively to minimize accidents. However, if you’ve been hit by a car, you should take legal action.
By following the tips given in this article, you can ensure that you have a fighting chance at maximum compensation. This is especially true if you have a fierce personal injury attorney on your side, too.
Do you need legal help after being hit by a car while jogging? Then contact us today. Our team at RHINO Lawyers is available 24/7, and we offer free video consultations and case reviews.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
