Exercising by jogging and running is a popular way for people to remain physically and mentally well. However, running often requires an individual to be on a roadway or other places near motor vehicles, so even if you are doing everything safely while running, you could end up being severely injured due to another person’s negligence.
If you or a loved one sustains serious injuries and damages while running or jogging, a DuBois pedestrian injury attorney could help advocate for the compensation you deserve under state law. An experienced DuBois jogger/runner accident lawyer could evaluate your claim to determine the potential recovery and help you put together a strong claim for damages.
Potentially Liable Parties in a Runner Accident
Similar to other accident cases, liability typically depends on each accident’s circumstances. In some cases, a driver who strikes someone running or jogging could be fully responsible for the accident, and in other cases, other parties could be partly at fault.
For instance, a driver that runs a red light and strikes a jogger would likely be fully liable. However, if the light was defective then the government entity or manufacturer of the device could be liable.
Determining which parties are liable in an accident could be difficult for an individual that is not familiar with the legal system. It could require extensive investigations and knowledge of the legal requirements for proving fault under state law. Fortunately, a seasoned DuBois attorney could help determine how a jogger/runner accident occurred and the liable parties.
Could a Jogger be Responsible for His or Her Own Harm?
In some cases, an injured jogger or runner could be partly responsible for the accident that caused his or her injuries. Under state law, an injured jogger is still permitted to recover compensation from the other negligent parties in the accident, according to 42 P.S. § 7102. This legal principle is known as comparative negligence, and although recovery is still permitted, the amount of recovery could be reduced by the percentage of the injured runner’s fault in the accident.
For example, a driver that strikes and injures a jogger who was illegally crossing a roadway could result in fault by both of the involved parties. In such a case, if the jogger is found to be 20 percent liable for his or her injuries and is awarded $100,000 by a jury, the awarded compensation would be reduced by 20 percent to $80,000. A well-versed DuBois attorney could evaluate a runner/jogger accident case and help prove that another party was responsible for the injured individual’s damages.
Statute of Limitations in DuBois
The statutes of limitations sets the deadlines by which an injured individual must file a claim in order to preserve his or her right to receive compensation following an accident. According to 42 P.S. § 5524, an injured runner has two years to file a claim for damages against the responsible parties in state court.
If a case fails to meet the deadlines, the court could refuse to allow the case to proceed, and the injured individual could be barred from recovering damages from the liable parties. A dedicated jogger/runner accident lawyer in DuBois could help an injured individual avoid missing deadlines and losing the chance to recover the damages he or she is entitled to.
Schedule a Case Evaluation with a DuBois Jogger/Runner Accident Attorney
If you are a runner or jogger, you understand the dangers of the road, even if you are following the state laws and safety precautions. Should a careless motorist or other party fail to uphold the responsibility to those traveling by foot, state law might entitle you to compensation for the damages caused to you.
A knowledgeable DuBois jogger/runner accident lawyer could help fight for your legal rights and seek the compensation you deserve for your injuries. Call Marcus & Mack today to discuss your case with an experienced attorney.