There are many popular colleges throughout California, from Stanford University to Pomona College. With college campuses comes the reality that there will be many pedestrians traveling from one area to the next. A favorite exercise activity among college-aged students is running. Unfortunately, with runners and drivers sharing the roads, an accident can occur in the blink of an eye on a college campus at any given time.
At Maison Law, we offer representation to victims of running accidents throughout California. We understand how overwhelming it can be to face a pedestrian accident with severe injuries, which is why we offer our resources and undivided attention to you in your time of need. Please do not hesitate to contact us today for a no-obligation case review so that you can get started on your claim.
Do Runners Have the Right-of-Way?
Because college campuses are filled with runners and other pedestrians, drivers are supposed to be on the lookout for them at all times and must abide by the rules of the road at all times. Runners generally have the right-of-way, especially at crosswalks where drivers are supposed to let them cross the street before driving. However, if a runner is violating a state pedestrian law at the time of the accident, their right to damages could be reduced through comparative negligence laws.
According to California laws, motor vehicle drivers are supposed to yield the right-of-way to runners who are crossing the street in a marked crosswalk or an unmarked crosswalk that is located at an intersection. If you are a runner who was injured in one of these accidents on a college campus and can show that that the driver is at fault, you can be successful as you move forward with a claim.
Liability for a Running Accident at a College Campus
Of course, the main party that comes to mind when determining liability in a running accident is the driver who struck the runner. In many cases, this happens because the driver was acting negligent in some way – either through distracted driving, drunk driving, speeding, or some other action.
However, the college or university may also be considered liable in an accident involving a runner if they shared fault with the driver in some way. Perhaps the college failed to provide safe crosswalks or sidewalks to runners or they didn’t properly maintain their roads. A college can be held liable if these following elements are proven:
- The college had a duty of care to provide the safest environment
- The college breached their duty of care by acting in a negligent manner
- Somebody was injured due to the breach in duty
- The person who was injured sustained verifiable damages
If you want to successfully move forward with a claim after sustaining injuries on a college campus, you will need to prove liability. This is easiest to do when you have a skilled and experienced attorney on your side who has handled claims like yours in the past.
Who Will Pay for My Injuries?
Who will pay for your injuries depends on who is liable. If a driver was liable for your accident, then you will bring a claim against their insurance company for your damages. If a college was at fault or shared liability, then their insurance company may cover your damages. However, it is important to note that going through a college insurance company for financial support may leave you with a lower amount of damages than you actually deserve. This is why it may be necessary to file a lawsuit for the support you deserve. You may be eligible to receive the following types of damages:
- Medical expenses that you have incurred or expect to incur
- Loss of income or future loss of earnings
- Pain and suffering
- Punitive damages if extremely gross negligence was at play
If a campus was aware of negligent conditions that could lead to serious injuries in a runner and did nothing about it, gross negligence could be clear. The court may insist upon remedies such as the college campus or university adopting new policies that make the campus safer for everybody.
How to Avoid Runner Accidents on Campus
There are some tips that a runner can keep in mind to stay as safe as possible on a college campus:
- College campuses are home to many intersections, crosswalks, and vehicles. Always remember to look when crossing the street, as well as make direct eye contact with drivers so that they see you. There are many times that runners go unnoticed.
- Use proper street crossing techniques such as crossing at street corners or using signals and crosswalks. If neither are there, make sure that you are extremely cautious, as campuses can be incredibly busy at all times.
- Stay alert and avoid distractions. You may run while listening to music, but it is a good idea to pause music when it’s time to cross a street.
- Make sure that you wear reflective clothing if you are running at night and try to run in well-lit areas on campus. This is to ensure that drivers see you.
Contact a California Runner Injury Lawyer
If you have sustained an accident on campus as a runner due to the negligence of another party, it is crucial that you know and understand your options. At-fault parties and their insurance companies may try to pin the blame on you even when the accident was not your fault. This can leave you in a difficult position for recovery.
At Maison Law, our California runner injury lawyers are here to assist you every step of the way when it comes to bringing a personal injury claim against liable parties. We offer you the resources you need and a free case review that comes at no obligation. It is a no-risk way to find out what we can do for you in your time of need. Contact us today for more information.
