Hit By A Car While Jogging Or Running
Going for a run should not end with a trip to the hospital or months of recovery. Runners have little protection if a car enters a crosswalk, drifts onto the shoulder, turns without yielding, or hits someone at the side of the road. Even a low-speed crash can cause broken bones, brain injuries, spinal injuries, internal injuries, or lasting physical problems. If a driver’s carelessness leads to a crash, Michigan law may allow the injured runner to seek compensation. We help injured pedestrians in Detroit find out how the crash happened, check insurance coverage, document their losses, and hold the right people responsible.
Why Runners And Joggers Are Vulnerable To Serious Injuries
When a runner is hit by a car, their body takes the full force of the impact, unlike someone inside a vehicle. The first hit can throw the runner onto the hood, windshield, pavement, or another object. Hitting the ground afterward can cause injuries just as serious as the initial collision.
We often see pedestrian accidents that cause broken legs, pelvis, hips, wrists, shoulders, and ribs. Head injuries, concussions, spinal injuries, torn ligaments, road rash, nerve damage, and internal injuries can also happen.
Medical problems from these accidents often go beyond emergency care. Recovery might include surgery, physical or occupational therapy, using mobility aids, follow-up scans, and missing work. Serious injuries can keep someone from running, exercising, working as before, or enjoying activities they once did.
Drivers Must Watch For Pedestrians At Intersections And Crosswalks
Michigan traffic law places important responsibilities on motorists around pedestrians. Under MCL 257.612, motorists proceeding through signal-controlled intersections must yield to pedestrians lawfully within an intersection or adjacent crosswalk in circumstances addressed by the statute. Drivers making permitted turns at traffic signals must also account for pedestrians lawfully using the crosswalk.
Running does not take away a pedestrian’s legal rights. If a driver turns without checking for people, rolls through an intersection, is distracted, speeds, or fails to see a runner who is crossing legally, they may be responsible for any injuries. use, witness observations, dash-camera footage, surveillance video, and physical evidence can all help establish what occurred.
Michigan Law Also Regulates Where Pedestrians May Run
Pedestrians have responsibilities as well. MCL 257.655 provides that where sidewalks are available, pedestrians generally should not walk on the main traveled portion of the highway. When sidewalks are unavailable, pedestrians should, when practicable, travel on the left side of the highway facing the traffic passing nearest to them.
These rules matter if a crash happens while someone is jogging along the road instead of crossing at an intersection. Insurance companies might claim the runner was in a risky spot, going the wrong way, wearing dark clothes, or somehow contributed to the accident.
That does not mean you lose your right to make a claim. We review everything that happened instead of just accepting the insurance company’s view of who was at fault.
Comparative Fault Can Affect A Runner’s Compensation
Michigan applies comparative-fault principles to personal injury cases. Under MCL 600.2959, damages can be reduced according to the percentage of fault attributed to the injured person. If the injured person is found more than 50 percent at fault, the statute bars recovery of non-economic damages.
For example, if a runner crosses outside an intersection and a speeding, distracted driver is coming, the insurance company might say the runner was partly to blame. But evidence could show the driver had enough time to see the runner and avoid the crash.
We investigate these cases carefully because every percentage point of fault can affect the amount ultimately recovered.
Michigan No-Fault Benefits May Apply To An Injured Runner
A runner struck by a motor vehicle may have rights under Michigan’s No-Fault Insurance Act even though the injured person was not inside a vehicle.
Under MCL 500.3114(1), a person’s applicable No-Fault policy can provide Personal Injury Protection benefits for the named insured, spouse, and qualifying household relatives when injuries arise from a motor vehicle accident. When an injured pedestrian does not have applicable coverage under that provision, MCL 500.3115 generally directs qualifying claims by people injured while not occupying a motor vehicle to the Michigan Assigned Claims Plan.
Depending on the situation and insurance coverage, PIP benefits can help with accident-related expenses and certain wage-loss or replacement services. It’s important to figure out the right insurer or benefits source quickly, since No-Fault claims have their own rules and deadlines.
A Runner May Also Have A Claim Against The At-Fault Driver
No-Fault benefits and a negligence claim against the responsible driver serve different purposes.
Under MCL 500.3135, an injured person may pursue noneconomic damages arising from a motor vehicle accident when the statutory requirements are satisfied, including cases involving death, permanent serious disfigurement, or serious impairment of body function. A significant pedestrian injury can substantially interfere with someone’s normal manner of living and may satisfy the statutory standard depending on the evidence.
A liability claim may seek compensation for losses such as pain and suffering, disability, loss of enjoyment of life, and certain economic damages permitted by Michigan law.
Evidence Can Disappear Quickly After A Pedestrian Collision
Runner and pedestrian cases often depend heavily on evidence outside the police report. Nearby homes, businesses, traffic cameras, parking facilities, buses, and other vehicles may have captured the collision.
We may investigate:
- Surveillance or dash-camera recordings.
- Witness statements and photographs.
- Vehicle electronic data and cell phone evidence.
- Medical records documenting the injuries and physical limitations.
Video recordings are particularly time-sensitive because businesses and private camera systems may automatically overwrite footage.
The Deadline For Filing A Michigan Pedestrian Injury Lawsuit
Michigan’s general statute of limitations for personal injury actions is found in MCL 600.5805. In most injury cases, the lawsuit must be commenced within three years after the injury, although different rules or shorter notice requirements can apply in particular circumstances.
We do not recommend treating the three-year period as a reason to delay. Investigation is usually more effective when it begins while evidence is still available and witnesses can clearly remember what happened.
Frequently Asked Questions About Being Hit By A Car While Jogging Or Running
Can We Pursue A Claim If We Were Running Outside A Crosswalk?
Potentially, yes. Being outside a marked crosswalk does not automatically mean that the driver has no responsibility for the collision. The location of the runner, traffic conditions, visibility, vehicle speed, driver attentiveness, and the time available to avoid impact may all matter. Michigan’s comparative-fault law can reduce compensation when an injured pedestrian shares responsibility, but shared fault does not always eliminate a claim. We investigate the complete sequence of events before reaching conclusions about liability.
What If The Driver Says They Never Saw Us?
A driver’s failure to see a runner does not necessarily excuse the collision. Motorists are expected to maintain a reasonable lookout and respond appropriately to pedestrians, traffic signals, road conditions, and foreseeable hazards. We may use witness testimony, surveillance footage, vehicle damage, crash-scene evidence, and other information to determine how long the runner was visible and whether the driver should have reacted sooner.
Can We Receive No-Fault Benefits If We Were Jogging And Did Not Own A Car?
Possibly. Michigan has specific priority rules governing PIP benefits for pedestrians struck by motor vehicles. When applicable coverage is unavailable under MCL 500.3114(1), MCL 500.3115 generally directs qualifying claims involving a person who was not occupying a motor vehicle to the Michigan Assigned Claims Plan. Because insurance priority can depend on household circumstances and available policies, we examine coverage early rather than assuming there is no No-Fault protection simply because the injured person did not own the vehicle involved.
What Compensation Can We Seek After Being Hit By A Car?
The available compensation depends on the injuries, insurance coverage, liability evidence, and the effect the accident has had on the injured person’s life. No-Fault benefits may address certain accident-related expenses and qualifying economic losses. A separate claim against the negligent driver may allow recovery for pain and suffering and other damages when Michigan’s statutory requirements are satisfied. Severe fractures, brain injuries, spinal injuries, permanent scarring, and other lasting conditions can substantially increase the losses associated with the claim.
What If We Were Running At Night When The Accident Happened?
Nighttime conditions may become an important part of the liability investigation, but they do not automatically make the runner responsible. We consider street lighting, headlights, reflective clothing, the runner’s location, vehicle speed, weather, driver distraction, and how long the driver had an opportunity to observe the runner. An insurer may attempt to use darkness to assign additional fault to the pedestrian, which makes objective evidence particularly important.
Should We Talk To The Driver’s Insurance Company After The Accident?
We recommend being cautious about detailed statements before understanding your rights. Insurance adjusters may ask questions about where you were running, what you were wearing, whether you looked before crossing, or whether you believe you could have avoided the collision. Those answers may later be used in arguments about comparative fault. We can communicate with insurers, preserve evidence, and present the circumstances of the collision using the available facts rather than speculation.
Talk To Ravid & Associates, P.C. After Being Hit By A Car While Running
When a runner is struck by a vehicle, the injuries can affect far more than an exercise routine. Medical treatment, lost income, physical restrictions, chronic pain, and uncertainty about future recovery can quickly become major concerns. We investigate how the collision occurred, identify potentially responsible parties and insurance coverage, document the medical consequences, and pursue compensation available under Michigan law.
At Ravid & Associates, P.C., we represent pedestrians, runners, joggers, and other accident victims who have suffered serious injuries because of negligent drivers throughout Michigan.
If you were hit by a car while jogging or running in Detroit or elsewhere in Michigan, contact our Detroit pedestrian accident attorneys at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation. We represent injury victims in Detroit and throughout the entire state of Michigan from our office location in Southfield, Michigan. We can review what happened, determine which insurance claims may be available, and explain the legal options for pursuing compensation after a serious pedestrian accident.
