Pedestrian Accidents Involving Runners in San Jose

This city has a temperate climate year-round, which makes it a great place in theory for people to get exercise by running or jogging outside. However, the cramped urban spaces often force joggers to share roadways with motor vehicle drivers and stay on sidewalks positioned right next to those roads.

Unfortunately, this kind of environment increases the chances of pedestrian accidents involving runners in San Jose, which can result in major injuries. However, if you were recently hit by a car while you were outside exercising, you should consider working with our qualified pedestrian accident attorneys at the Solution Now Law Firm. We are known for streamlined communication, quick turnarounds, and getting great settlements on behalf of people just like you.

What Rights Do Runners and Joggers Have Around San Jose Roadways?

Under California Vehicle Code § 21956, pedestrians generally cannot walk, jog, or do anything else on active roadways outside of “business or residence” areas. If they do walk on roadways outside those areas, pedestrians are supposed to always stay as close to the left-hand side of the road unless doing so would be unsafe. Otherwise, they can walk or run as close to the right-hand side of the road as possible.

Outside of that, though, state law does not explicitly prohibit pedestrians from being on roadways, and it requires motor vehicle drivers to yield to pedestrians at crosswalks and at intersections without marked crosswalks, as well as to exercise reasonable caution and care when driving near pedestrians under any other circumstances. This means that pedestrian accidents can very often serve as the basis for civil litigation so long as the San Jose runner was acting responsibly and obeying the law at the time.

Options for Civil Recovery After a Pedestrian Collision

Most of the time, a pedestrian who gets hurt because a motor vehicle driver negligently collided with them can seek restitution for their ensuing injuries and losses by filing a claim against the driver’s automobile insurance policy. Depending on the exact terms of a particular driver’s policy, this may allow recovery for both past and future medical expenses, personal property damage, and potentially other “economic” forms of harm like lost working and earning capacity.

If a pedestrian collision in San Jose has especially severe consequences, the injured jogger may also or alternatively file a civil lawsuit against the driver at fault for their wreck. Through this, they could seek restitution for both economic and “non-economic” damages stemming from the incident, including physical pain and psychological trauma. However, unlike insurance coverage that is typically available on a “no-fault” basis, recovery through a pedestrian crash lawsuit is only possible upon proving the “defendant” driver was directly at fault for causing the accident in the first place.

Get Help from a San Jose Attorney After Being in a Pedestrian Wreck as a Runner

While joggers are not always able to file suit after being hit by a car while running, any accident of this nature that left you seriously injured could very likely serve as grounds for civil litigation. To get the best possible result from a case like this, though, seek help from an attorney with experience in pedestrian accidents involving runners in San Jose.

That is where our team at the Solution Now Law Firm can step in to help. Call today to schedule an initial consultation.