Charm City has no shortage of 5K, 10K, half-marathon, and marathon events for runners of all skill levels to participate in, and there are plenty of other people who simply enjoy getting fresh air and jogging as part of a regular exercise routine. Despite that, there are far too many runner and jogger accidents in Columbia that result in serious or even life-threatening injuries, many of which are due to the misconduct of a single motor vehicle driver.
If you were recently struck by a reckless or careless driver while out on a run, you should strongly consider reaching out to one of our experienced pedestrian injury attorneys from Whetstone Perkins & Fulda to discuss your legal options. You may have grounds to demand substantial compensation for the harm you unfairly sustained, and a skilled legal professional’s support could be crucial to effectively pursuing your claim while also circumventing legal and procedural roadblocks.
Proving Liability Against a Motor Vehicle Driver for Striking a Jogger
Whether they are on a major interstate highway or just driving around the corner to a local grocery store, every driver on a public road has the same duty of care that requires them to act lawfully and responsibly behind the wheel. This duty of care imposes many obligations on drivers, including that they yield the right-of-way to pedestrians who are inside crosswalks, slow down or stop to allow pedestrians in crosswalks to safely move out of the flow of traffic, and exercise caution when exiting alleys or side streets and crossing over lowered portions of sidewalks.
If a motor vehicle driver in Columbia fails to fulfill their duty of care in one of these regards and strikes a runner or jogger as a result, they may hold civil liability for all of the pedestrian’s accident-related injuries and losses. A skilled legal professional could also help you file suit in response to broader forms of driver negligence, such as speeding, running red lights or stop signs, driving under the influence, or driving while distracted.
What Is Comparative Fault, and How Could It Affect Civil Recovery?
Importantly, runners and joggers in Columbia also have a degree of responsibility to prevent themselves from getting hurt in avoidable collisions. If you were struck by a car while wearing dark clothing at night, after running into the street suddenly, or while jogging in the middle of an active roadway, a court might assign you a percentage of comparative fault to account for the role you played in causing your own injuries.
Then, pursuant to South Carolina court precedent, that court could reduce your total damages by that same percentage, or it could deny you compensation altogether if you hold a majority of the fault for the accident. Support from experienced legal counsel could be essential to proactively contesting such allegations made against you during a pedestrian injury lawsuit.
Contact a Columbia Attorney for Help Suing Over a Runner or Jogger Accident
Unprotected pedestrians are much more likely to suffer severe physical harm in traffic collisions compared to those inside a motor vehicle. However, that does not mean a civil court—let alone a private insurance company—will automatically award you damages if you try to seek financial recovery after being hit by a car while jogging, especially if you try to go through that process alone.
At Whetstone Perkins & Fulda, our team has extensive experience helping people like you achieve favorable outcomes from claims similar to yours. Contact us today to learn more about litigation over runner and jogger accidents in Columbia.
