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Can You Sue Someone for Running You Over?

Can You Sue Someone for Running You Over?

Dennis Injury Law

When you are struck by a vehicle, whether you are in a car, on a bike or walking, you can sustain serious injuries. Various factors determine liability for damages. An attorney can help you understand the overall process of pursuing legal action.

If you or a loved one has been stuck by a car, you should always contact a trusted personal injury attorney as soon as possible. They can assess your case and explain next steps. 

In most jurisdictions, the legal basis for suing someone for running you over falls under the realm of personal injury law, specifically negligence. To successfully bring a lawsuit, the injured party (plaintiff) must demonstrate that the driver (defendant) acted negligently and that this negligence directly caused the injuries sustained.

Defining Negligence

Negligence is a behavior which shows you did not use reasonable care, which led to a mishap. In the context of a vehicle accident, this can include various actions or inactions, such as:

  • Speeding or driving recklessly
  • Racing through a red light or stop sign
  • Driving impaired
  • Distracted driving (e.g., texting while driving)
  • Failing to yield the right of way
  • Disregarding traffic signals or signs


Proving Negligence

Proving negligence requires gathering evidence that establishes the driver’s breach of duty and its direct link to the injuries. This evidence may include:

  • Police reports detailing the accident scene and contributing factors
  • Witness statements from individuals who saw the incident
  • Medical records documenting the injuries and treatment received
  • Photographs or videos of the accident scene and vehicle damage
  • Surveillance camera footage, if available
  • Expert testimony from accident reconstructionists or medical professionals

Duty of Care

All drivers have a legal duty of care to drive safely and avoid causing harm to others, including pedestrians. This duty requires drivers to:

  • Obey traffic laws and regulations
  • Maintain proper control of their vehicles
  • Be aware of their surroundings and anticipate potential hazards
  • Exercise reasonable caution in all driving situations

Breach of Duty

A breach of duty occurs when a driver does not adhere to a standard of care. For example, a driver who runs a red light ignores their duty of care to avoid an accident.

Causation

To establish a successful lawsuit, the plaintiff must prove that the driver’s breach of duty directly caused the injuries. This involves demonstrating both:

  • Actual Cause: Except for the driver’s actions, the injuries would not have occurred.
  • Proximate Cause: The injuries were a foreseeable consequence of the driver’s actions.

Recovery of Damages

If negligence is proven, the injured party may be entitled to recover damages for their losses. These damages can be categorized as economic and non-economic.

Types of Damages

Economic Damages

Economic damages are tangible financial losses related to crash-associated injuries. These may include:

  • Medical Expenses: The costs for health treatments, including medical care, surgical procedures, physical rehab, and prescription medicines.
  • Lost Income: The loss of employment earnings during recovery.
  • Future Lost Earnings: Projected income loss due to a long-term or permanent disability.
  • Property Damage: Costs to repair or replace damaged personal property, such as clothing or a cell phone.
  • Other Out-of-Pocket Expenses: Costs related to transportation to medical appointments, assistive devices, or home alterations.


Non-Economic Damages

Non-economic damages are subjective losses that are harder to quantify. These may include:

  • Pain and Suffering: Physical discomfort and emotional distress caused by the injuries.
  • Emotional Anguish: Mental suffering, anxiety, and depression resulting from the accident.
  • Loss of Enjoyment of Life: Inability to participate in activities and hobbies previously enjoyed.
  • Loss of Consortium: Loss of companionship, intimacy, and support from a spouse or family member.


Punitive Damages

In some cases, punitive damages may be awarded to punish the defendant for particularly bad behavior like extreme recklessness. However, punitive damages are less common in negligence cases and are typically reserved for situations involving extreme misconduct.

Insurance Coverage

Most drivers are required to carry liability insurance, which covers damages caused to others in an accident. The injured party can typically file a claim with the driver’s insurance company to seek compensation for their losses. Crash-related disabilities are an ongoing concern in the U.S.

Insurance Claim Process

The insurance claim process typically involves:

  • Reporting the accident to the police and insurance companies
  • Gathering evidence and documentation of injuries and damages
  • Filing a claim with the driver’s insurance company
  • Negotiating a settlement with the insurance company
  • If a settlement cannot be reached, filing a lawsuit against the driver


Uninsured/Underinsured Motorist Coverage

If the driver who hit you is uninsured or underinsured, your own insurance policy may provide coverage for your injuries. Uninsured/underinsured motorist coverage protects you in situations where the at-fault driver lacks sufficient insurance to cover your losses.

Statute of Limitations

You have to file your personal injury claim within a certain period. This period is known as the statute of limitation. Otherwise, you lose your opportunity to file for compensation.

It is highly recommended to seek a personal injury lawyer when considering a lawsuit for being run over. An attorney can:

  • Investigate the accident and gather evidence
  • Negotiate with insurance companies on your behalf
  • File a lawsuit and represent you in court
  • Advise you on your legal rights and options
  • Maximize your chances of recovering fair compensation

Factors Influencing a Case

Several factors can influence the outcome of a case involving someone being run over. These include:

  • Severity of the car accident injuries
  • Clarity of fault
  • Availability of evidence
  • Insurance coverage limits
  • Jurisdictional laws and regulations
  • Negotiation skills of attorneys
  • Jury decisions

Recover Fair Compensation 

Being struck by a vehicle can cause severe injuries and significant financial losses. You may have the right to pursue legal action against the responsible party if you have been run over. It is essential to understand the legal process, gather evidence, and seek professional legal advice to protect your rights and maximize your chances of recovering fair compensation for your injuries.

Consult a Car Accident Attorney

Being struck by a car can leave you with serious injuries and mounting medical bills. It is essential to contact a qualified personal injury attorney in your jurisdiction to discuss your specific situation and legal options. An attorney can protect your rights, ensure you get qualified medical attention and pursue the compensation you are owed. Contact us today.