Maison Law represents any pedestrian that’s been injured in Salinas. Whether you’re walking around the city on foot, or out for a run, you can fall victim to accidents when someone is being negligent. This can be challenging in terms of the injuries you get, but it also provides you with legal options. To learn more about your options, contact us today for a free consultation.
Why Would You Need a Lawyer?
As a runner in Salinas, you might not expect to be struck by a car, but they happen often, especially in busy areas with poor infrastructure. While you’re not required to have a lawyer, working with our experienced team can make the legal process easier.
We start by thoroughly investigating the accident, reviewing the details to figure out responsibility. Next, we help you with gathering and reviewing crucial evidence like medical records, reports, and photos to create a clear timeline of events.
Finally, we provide legal support, helping you decide whether to file an insurance claim or a personal injury lawsuit, guiding you through the best option for your situation.
Who’s Liable When You’re Struck By a Car While Running in Salinas?
One of the first things that need to be figured out is simple, but has huge implications for your case. It’s about figuring out who is “liable” for the accident. This goes beyond just causing the accident and your injuries. Liability tells you who, legally, has to pay for your losses–which are called your “damages.”
The legal standard for liability in these types of accidents is establishing negligence. This is just showing that someone:
- Violated their duty to act in a way that keeps you and others safe, which caused the accident and your injuries.
As it relates specifically to these types of accidents, the liable party will be the one that might have been texting and driving when they struck you or didn’t properly take care of the sidewalk. But again, it all comes down to what actually happened. So, any of the following could potentially be liable in this type of accident:
- Drivers
- Fellow runners or pedestrians
- Passengers
- Maintenance crews
- Car manufacturers
- Government agencies in charge of road upkeep
There are instances where you might share responsibility, known as “comparative negligence.” For example, if you suddenly run into the road or aren’t paying attention, your level of fault could affect your claim.
What Damages Can You Get in an Injury Claim?
With liability set, you can start thinking about the claims process. Chances are, if you’ve been struck by a car while running, you’re looking at pretty serious injuries. But your legal damages are going to relate to your actual losses from the accident itself. Your injuries will play into this, but it also extends to things like missed work and the emotional and psychological toll it’s taken on you.
In order to get these damages, you have to file an injury claim. Generally, you do this by filing either an insurance claim out of court or a personal injury lawsuit. Both methods have their positives and negatives, but each one allows you the ability to recover these damages, which can include things like:
- Medical expenses and ongoing care needs
- Lost income or earning potential
- Repair/replacement costs for damaged property, like your phone or glasses
- Physical pain and mental suffering
- Emotional distress
- Loss of quality of life or companionship
- Wrongful death expenses, if the accident ends up being fatal
Whether it’s broken bones, head injuries, burns, or emotional trauma, the losses you go through when you’re struck by a car in Salinas is going to mean big changes to your life. The legal process can help with your financial shortfalls, but you have to file your claim within two years of the date of the accident. From there, you have to do what you can to put together a strong claim.
What Strengthens Your Claim When You’re Hit by a Car While Running in Salinas?
Anytime you go outside for a run in Salinas, you have to be careful. Obviously, you need to be more careful if you’re running in an area with a lot of traffic or other road activity, but generally, you have the same right to use the road or sidewalk as any other pedestrian. But no matter how careful you are, you’re ultimately at the mercy of drivers. And when negligence is involved, accidents can happen. But you still have to go through the claims process, and even with liability being fairly clear, you have to make your claim as strong as you can to recover damages.
Here’s how you can do that:
- Call 911 – The first thing you need to worry about is your health. Call 911 for an ambulance so EMTs can help you at the scene. If you’re more seriously injured, they’ll take you to the emergency room.
- Call the police – If you’re able to move around, call the Salinas Police Department to report the accident so they can also respond to the scene. Make sure they know the situation, as they can help you get insurance and other information you could use for a claim. This will also create an official record of the accident.
- Document the scene – One of the most important steps is to document the scene. Hopefully, the driver that hit you will stay at the scene so you can swap contact and insurance details, but if not, take down everything you can remember about their car, as well as anything that led or caused the accident.
- Be careful – When talking about the accident, don’t admit fault and be careful with statements. Insurance reps will do anything they can to try to reduce their liability, including twisting your words or account of things.
Even if you don’t expect to be hurt in this type of accident, the chance is always there. That’s why these steps are so important: they make sure you have the information and evidence you need for your claim.
How Do These Accidents Happen in Salinas?
It’s actually not that surprising that you or any other runner can fall victim to these accidents while in Salinas, particularly if you’re running through Downtown or along Market Street. But like any pedestrian-car accident, there’s actually a wide variety of potential causes of these accidents for runners:
- Distracted driving – Drivers in Salinas who are texting or talking on their phones may not notice runners, leading to accidents.
- Failure to yield – Drivers who don’t yield to runners at crosswalks or intersections can cause serious collisions.
- Speeding – When drivers exceed speed limits, their reaction time is reduced, making it more likely that they will hit a runner.
- Poor light conditions – In low light situations, such as at night or during inclement weather, runners can be hard to see, increasing the risk of accidents.
- Driving under the influence – Alcohol or drug use impairs a driver’s judgment and slows reaction times, raising the risk of hitting runners.
- Poor design – Poorly designed roads or intersections in Salinas can obscure visibility for drivers and create unsafe conditions for runners.
Unfortunately, each one of these types of accidents can lead to different injuries and damages. The reason is simple: you’re vulnerable to larger, moving vehicles when you’re out for a run, no matter how careful you are. But you have options, and our team can help you through the process.
Get Help From Maison Law After a Running Accident in Salinas
Being struck by a car during a run in Salinas can be challenging and overwhelming. Maison Law and our team of skilled lawyers are here to protect your rights and help you with your claim for damages. Contact us today for a free consultation to talk about your case.
