Maison Law represents those who have suffered injuries in pedestrian accidents across Fresno. Running is a favorite pastime of many in Fresno, but when you have to interact with traffic, it raises the possibility of an accident. If you want to discuss your potential options, contact us today for a free consultation.
Should You Hire a Lawyer?
Put simply, whether you need our lawyers depends on how bad your accident was. If it was minor and you only got a few bumps and bruises, you might not need us, but we’re still here to help if you want.
However, if you have been seriously hurt, which happens a lot in these types of accidents, you’ll probably need all the help you can get. At that point, our team can step in and guide you in a variety of ways, like:
- Finding out what exactly happened in your accident.
- Telling you what your rights are and what’s best for you.
- Figuring out who’s responsible and finding people who saw what happened.
- Collecting and showing proof of what went down.
- Talking to the insurance companies and trying to get you the best deal.
What You Need to Do
Deciding whether you need a lawyer depends on the circumstances, but what doesn’t change is what you need to do after the accident happens. Like any accident, what you do right after being injured during a run can really affect your claim. The insurance companies, which will be part of your claim in some way, will try to downplay what happened. So, here’s what you should do:
- Get to safety and check yourself for injuries – First things first, make sure you’re safe. If you can, move away from the road or onto the sidewalk. Then, check yourself for injuries. If you’re seriously hurt, ask someone nearby for help or call 911.
- Seek medical help right away – It’s super important to get medical attention for your injuries. You can do this at the scene with paramedics or go to the emergency room or urgent care for less serious injuries. Getting medical help ASAP is crucial for documenting what happened and your medical needs.
- Collect evidence and get witness accounts – If you can, talk to anyone who saw what happened and get their version of events. If your phone still works, take pictures of the accident scene. If your phone is broken, call the police to make a report and help gather important evidence.
- Take care of yourself mentally – It’s totally normal to feel stressed out after an accident. If you’re having a hard time with these steps, don’t hesitate to reach out to our team of lawyers for advice. We understand how tough this can be and can help support you through it.
Remember, your health comes first, and doing these things can help you recover faster and protect your rights. That said, there’s the question of liability that needs to be answered before you can start thinking about legal options.
Liability and Injuries in a Running Accident
A huge part to consider in a running accident is called “liability.” This basically means who’s legally responsible for covering the costs of your injuries and damages. Liability falls on whoever:
- Did something careless that caused the accident, which led directly to your injuries.
In legal terms, this is known as “negligence.” Every driver in Fresno and throughout California carries this responsibility as soon as they become licensed and get behind the wheel of their car. But in a car-pedestrian accident, there could be other people or groups who might also be responsible, like:
- Other drivers
- Other pedestrians or joggers
- Passengers
- People who maintain the roads
- Companies that make car parts
- Government agencies in charge of things like streetlights
Sometimes, you might also share some of the blame, legally called “comparative negligence.” For example, if you suddenly run onto the road without looking and an accident happens, how much of the blame is yours can affect your claim.
Injuries
In the end, who’s fully responsible for your injuries depends on what happened in your specific accident. But your specific accident is also likely going to result in unique injuries and other damages that you’ll have to contend with. Understanding the reasons behind this isn’t complex: you’re essentially defenseless against larger, moving vehicles. The metal structure alone poses a significant risk, resulting in various injuries such as:
- Head injuries – Among the most severe and frequent are traumatic brain injuries (TBIs), concussions, and skull fractures.
- Spine injuries – Impact to the back or neck can lead to spinal cord injuries, potentially causing paralysis or other lasting impairments.
- Fractures and broken bones – Arms, legs, or hips may suffer fractures, often necessitating surgical intervention.
- Internal organ damage – Organs like the liver, spleen, or kidneys can sustain harm in these accidents.
- Cuts and bruises – Being struck and thrown down frequently results in cuts, bruises, and scrapes, elevating the risk of infection.
- Emotional and mental damage – Beyond physical harm, these accidents induce emotional distress, often manifesting as anxiety, sadness, or ongoing stress. Emotional injuries are equally significant and can have lasting effects on your life.
What makes these accidents difficult is that you will likely be facing damage that will last well after your physical injuries heal. Further, it’s likely that you’ll need ongoing care and therapy to deal with these impacts. All of these changes can be addressed through an injury claim, though.
Damages in an Injury Claim
In any injury claim, there are typically two options for recovering damages: an insurance claim with the at-fault party’s insurer or a personal injury lawsuit. Both options enable you to seek financial support for your injuries and other damages resulting from the accident. In a standard runner injury claim, potential recoverable damages include:
- Medical expenses and ongoing care – This covers your medical costs from the accident, including treatment, therapy, and any necessary medical devices.
- Lost wages – You can also recover any lost income if you can’t work or have significant absences due to the accident. It can also extend to a loss of future earning potential.
- Pain and suffering – Financial support for physical pain and mental distress caused by the accident.
- Emotional distress – Similar to pain and suffering, this refers to the emotional trauma and anxiety resulting from the accident.
- Loss of quality of life or companionship – Reflects how the accident affects your life and relationships, varying with the severity of injuries and life changes.
- Wrongful death expenses – In the event the injuries are fatal, surviving family members can file a wrongful death claim that covers things like funeral and burial expenses, among other damages.
These damages are determined based on the specifics of your accident, including liability, your degree of fault, and the severity of your injuries. It’s crucial to consider California’s statute of limitations, which sets the deadline for filing your claim. Currently, you have two years from the accident date to file. Missing this deadline means you can’t pursue your claim.
Count on Maison Law After a Running Accident in Fresno
Dealing with a pedestrian accident, especially while running, can be tough and overwhelming, whether it happens in Fresno or elsewhere in California. Maison Law and our team of experienced lawyers will be there to stand up for your rights and assist with your claim for damages. To discuss your case, contact us today for a free, no-obligation consultation.
