The state has a lot to offer for runners looking to stay in shape, enjoy the outdoors, or train for an upcoming competition. Unfortunately, motor vehicle operators do not always act responsibly around people walking or running near roadways.
If you were hurt by someone else’s recklessness or carelessness while you were on a run, you may have the right to pursue financial recovery that a Johnstown pedestrian injury attorney could help you enforce. With a Johnstown jogger/runner accident lawyer’s assistance, you could prove fault for your injuries, comprehensively evaluate your losses, and demand monetary damages through a settlement demand or a court lawsuit.
Liability in Jogger Accident Claims
In addition to other drivers, people operating motor vehicles have a legal duty to make sure the bicyclists, motorcyclists, and pedestrians around them are safe. Accordingly, if a driver strikes you while you are jogging and causes you harm that requires professional medical care, that driver could bear financial liability for your losses.
Duty of Care
A jogger who wants to hold a driver accountable for this kind of incident must prove that the driver was negligent. This entails showing that the driver behaved in a way that breached his or her duty of care. To receive compensation, this breach must have been the direct and primary cause of your injuries. Assistance from an experienced Johnstown runner injury attorney could be crucial to proving this efficiently.
You may need to prove that you were not to blame for your injuries. For instance, you could be found partially at fault if you crossed the street outside of a crosswalk or darted between vehicles. Under 42 P.S. § 7102, any civil plaintiff who bears 50 percent or less of the total responsibility for his or her injuries is subject to a proportional reduction of the final damage award. For example, if a claimant is found 10 percent at fault for his or her damages, the monetary damages will be reduced by 10 percent. If the total damages were found to be $100,000, the award will be reduced to $90,000. Any plaintiff more than 50 percent responsible is ineligible to recover monetary damages.
What Damages Could Be Recoverable in a Johnstown Runner Injury Case?
A runner who gets hurt by a negligent driver may have the right to demand monetary damages for the full value of his or her losses, including economic and non-economic damages. Specific losses that may be recoverable through this type of claim include, but are not restricted to:
- Pain and suffering;
- Emergency medical care;
- Future rehabilitative services;
- Lost enjoyment of life;
- Lost work income and future earning capacity;
- Lost consortium.
A capable jogger accident attorney in Johnstown could provide further detail during a free consultation about what damages you could factor into your lawsuit or settlement demand.
Talk to a Johnstown Jogger/Runner Accident Attorney Today
Because of their lack of protection from danger, pedestrians involved in vehicle collisions often sustain extremely serious and sometimes life-threatening injuries. You may be even more at risk of severe harm from a negligent driver because you are focused on the path ahead of you while you run. Because of the increased risk for catastrophic harm, civil recovery after this sort of incident can be especially important.
A compassionate Johnstown jogger/runner accident lawyer could fight on your behalf to ensure you do not bear the financial costs of someone else’s negligence. Call the Marcus & Mack office today for a free initial consultation.