Running offers inhabitants of Tulare a great way to exercise, bringing both physical and mental benefits. But these advantages can be quickly outweighed if there’s a running injury. Many of these injuries are cumulative in nature, and occur over multiple running sessions and many miles. But sometimes, they’re the result of uneven surfaces and road hazards, like potholes.
If you’ve been hurt by a pothole while running in Tulare, you may have the legal right to financial compensation for your injuries. How much compensation you’re entitled to and what you need to do to receive it will depend on the specifics of what happened.
To find out more about your options and how to make the most of them, contact Maison Law to talk to a personal injury attorney as soon as you can. The sooner you reach out, the faster we can get you the compensation you deserve. There might also be deadlines limiting the amount of time to take action. We offer free, no-obligation consultations, so there’s no reason to delay.
Common Running Injuries
If you’re hurt by a pothole while running in Tulare, you could potentially be dealing with:
- Ankle sprains
- Knee injuries
- Broken wrist
- Broken collarbone
- Damage to ligaments or tendons
Injuries could be even more traumatic if the pothole results in the running falling or running into vehicle traffic. Thankfully, this isn’t the most common occurrence, thanks to various popular running locations in Tulare.
Popular Running Spots in Tulare
There are a variety of paved running paths for runners in the Central Valley. Some of the more popular locations include:
- Santa Fe Trail: This path is between Inyo and Prosperity Avenues and is open to walkers and bikers as well.
- Del Lago Community Park: There’s a loop that runs around the park and covers more than a mile.
- Mooney Grove Park: Located in Tulare County, there’s a shaded trail that loops and is two to three miles in length.
One of the reasons these are so popular with Tulare runners is the dedicated running lanes and trails. Outside these exclusive sections, the risk of uneven surfaces goes up, increasing the risk of injury.
What Should I Do After Getting Injured By a Pothole While Running in Tulare?
What you do after getting hurt from a pothole running accident will determine how well you recuperate from your injuries and the amount of compensation you receive. If you’re hurt during a run as a result of a pothole, keep the following steps in mind.
Step 1: Get Medical Attention
The sooner you get help, the sooner you can get better. If you think you aren’t seriously injured, it’s still a good idea to talk to a doctor or other healthcare professional to double-check your injuries. What seems minor could actually be serious or lead to a more serious injury if not properly treated.
Seeing a medical professional is also important to create documents that can serve as proof of injuries, including the financial costs of treating those injuries.
Step 2: Report the Injury and Pothole
There’s a reasonable chance your injury could lead to a premises liability lawsuit or insurance claim. So it’s important to notify the property owner of the pothole and your injuries. This will not only help keep the general public safer, but it will also be helpful if you end up taking legal action.
If the pothole is on public property, then you’ll most likely report your injury (and the pothole) to the City of Tulare. An attorney can help you with reporting the injury, but you can report the pothole by submitting a citizen request to the City of Tulare.
Step 3: Gather Evidence
Take photos of the pothole, as well as any other road or surface conditions. If there were witnesses to your accident, get their names, contact information, and a summary of what they saw. There’s also a chance a security or traffic camera captured footage of you or someone else getting hurt because of the pothole.
Step 4: Follow Your Doctor’s Recommendations
It’s important to keep up with your medical treatments for the sake of your health. It’s also helpful to create a record of your injuries for claim purposes, either during insurance negotiations or a potential lawsuit.
Who’s Responsible For My Injury Caused By a Pothole?
When someone gets hurt due to a pothole or other surface hazard, figuring out who’s liable can sometimes be challenging. This is because there are multiple parties that could be responsible for the trail, road, sidewalk, or path that contained the pothole. Potential entities include:
- City of Tulare
- County of Tulare
- State of California
- Construction company
- Contractor tasked with repairing the pothole or preventing the pothole from forming.
- Private property owner
What If I Contributed to My Accident?
California applies the pure comparative negligence standard. This legal concept states that a plaintiff’s recovered compensation may be reduced by the plaintiff’s level of fault.
So if a court concludes you’re entitled to $40,000 in damages, but you were 25% at fault for your injuries, then you’d recover $30,000 ($40,000 x 25% = $10,000; $40,000 – $10,000 = $30,000). The key is to show the at-fault parties that any fault you had in the accident was minimal, and the best way to do this is with the help of an attorney.
Talking to an Attorney After a Pothole Running Injury
If a pothole caused a running injury that required medical care and/or changed how you live your daily life, you should consider getting legal representation. An attorney can help you figure out who’s responsible for causing your injuries, how much they may be liable to pay, and the best way to get this compensation. This money can compensate you for a variety of economic and non-economic losses, such as:
- Pain and suffering
- Loss of consortium
- Emotional distress
- Unpaid medical bills
- Lost income
- Lost future earning capacity
In rare cases, punitive damages are possible. These damages aren’t designed to reimburse you, but instead, punish one or more at-fault parties. Punitive damages are typically only awarded when a defendant’s conduct is especially troublesome.
For example, imagine a sidewalk repair contractor made a mistake with scheduling pothole repairs so that it took several months longer than necessary to fill in a pothole. This is unlikely to warrant punitive damages.
But change things around a bit so that the sidewalk repair contractor intentionally delayed repairs because the owner was annoyed with the City of Tulare and wanted to “teach the city a lesson.” A punitive damage award is far more likely in this scenario.
Preparing To Meet a Personal Injury Attorney
Before hiring an attorney, you’ll want to complete an initial consultation first. These are usually free and offer you a chance to talk to a lawyer to get a better understanding of your case and its potential for recovery. Assuming the first part of the consultation goes well, you’ll then have an opportunity to ask questions about how representation will work, the lawyer’s fee arrangement, and what to expect throughout the litigation process.
To make the most of the initial consultation, you should arrive prepared. This means coming to the meeting with:
- Detailed notes about what happened, including names, contact information, dates, and times.
- Questions you have about your case and about your prospective attorney
- Copies of relevant evidence, such as photos, videos, medical invoices, and emails.
Contact a Running Injury Attorney Today
You probably started running for its health benefits (among other potential reasons). But now, thanks to a pothole, you’re hurt and you’re less healthy than when you were before you started running. Thankfully, you may have legal options that allow you to obtain compensation for what happened.
In a perfect world, the responsible parties and their insurance companies will provide this compensation quickly and in an amount that fully compensates you for your losses. Sadly, there’s a reasonable chance your demand for compensation has been delayed or an insurance company has provided you with a low-ball offer. Because we don’t live in a perfect world, personal injury firms like Maison Law exist.
Maison Law offers injured victims from Tulare a legal voice when responsible parties just won’t listen. Make yourself heard today by contacting us to schedule a free, no-obligation consultation. You don’t pay us anything unless we recover money on your behalf.
