If you are an avid runner or jogger, a great way to stay safe is by participating in the numerous local 5K, 10K, and marathon events each year. These events have safety guidelines in place for pedestrians sharing the road with motorists. You can also utilize the many trails in the area to keep you away from drivers if you run or jog alone.
However, you will sometimes want to run through your neighborhood to save time or jog along a route close to motorists. You already know to be cognizant of traffic, but generally, you must also follow pedestrian traffic rules and stay in control of your surroundings to avoid runner and jogger accidents in Paramus. If the unthinkable occurs, our skilled and experienced pedestrian accident attorneys at Fredson Stratmore Bitterman, LLC, can advocate for you and help you obtain compensation.
What Happens if You Are Hit While Running or Jogging?
If a negligent motorist injures you while you are running or jogging, you should first get medical attention. Head injuries are very common in these accidents, along with broken bones and back and leg trauma. Since traumatic brain injuries may not become apparent until your brain swells to a certain level, an immediate call to emergency services is crucial.
New Jersey’s vehicular insurance follows the no-fault system, which means motorists rely on their own insurance to pay their medical bills, regardless of who causes the accident. However, the situation works differently for pedestrians because the collision only involves your body, not your vehicle.
If your injuries qualify, you can access the offending motorist’s Personal Injury Protection insurance to pay for your medical care. If what you are eligible to receive is inadequate or the motorist does not carry in-state insurance, we can file a personal injury lawsuit to recover your other losses, such as:
- Wages
- Emotional trauma
- Pain and suffering
- Disfigurement
Our friendly and attentive Paramus attorneys try to make your experience discussing runner and jogger crash claims as easy as possible.
Negligence, Negligence Per Se, and Comparative Negligence
A collision with a motorist is actionable under the tort of negligence. Your attorney must prove the driver had a duty to ensure your safety by driving responsibly and failed to uphold it, causing the accident that led to your injuries.
The defense attorney will look for reasons you contributed to the accident and ask the jury to reduce your award. If they can prove your responsibility for the accident is higher than the motorist’s (for example, if you wore headphones that drowned out traffic noise or crossed the street against a red light without checking for oncoming traffic), you will not be able to collect damages. If your percentage of fault is less than the motorist’s, the court will deduct that amount from your gross award.
Under the doctrine of negligence per se, a ticket can serve as proof of the negligence elements of duty and breach. That means that if the police ticketed the driver who collided with you while you were running or jogging in Parasmus, we may only need to prove that the driver was the cause of your injuries.
Contact Us Now in Paramus About Your Accident While Running or Jogging
At Fredson Stratmore Bitterman, LLC, we treat our clients like family. While many large firms consider you a commodity on an assembly line, we use the same big-firm resources to win your case while treating you like a person. Contact us today for a free consultation and to learn more about runner and jogger accidents in Paramus.
