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Avoiding Car-Runner Collisions: Tips To Help Runners Minimize Chances Of Personal Injury

Posted on: September 26th, 2018

man runner running on country roadAs an avid runner, and five-time marathoner, I always enjoy running in the cooler temperatures of fall, and the opportunity to run without heat and humidity. While it is often possible to run on the safety of a path or trail, runners sometimes must run through neighborhood streets or alongside local roads.

Obviously, there are many risks of running close to vehicular traffic. Most runners can share stories of “near misses” when oblivious drivers fail to notice them, and many runners have actually been struck by cars. Accidents between vehicles and runners can be significant, and unfortunately, can also have tragic consequences.

The Rights and Duties of Runners and Drivers

In general, a runner lawfully running alongside a roadway has the same rights as other motorists, and can assume that drivers will notice and avoid them. Motorists certainly owe a duty of care not only to other vehicles, but also to runners and other pedestrians they confront.

Pursuant to New York Vehicle & Traffic Law §1146, drivers are specifically required to exercise due care to avoid colliding with bicyclists and pedestrians. This obligation requires drivers to drive within the speed limit, to adhere to traffic control devices, to keep a proper lookout, to be attentive to their surroundings, and to warn pedestrians of their presence by sounding their horn when necessary.

Drivers who fail to do so may be deemed negligent and can be held accountable in court for their actions and inactions.

Where Do Runner-Car Collisions Most Frequently Occur?

Perhaps the most frequent collisions between runners and vehicles occur at intersections and entrances to parking lots. Pursuant to V&T §1151-a, drivers emerging from or entering a roadway, building, parking lot, or driveway shall yield the right of way to any approaching pedestrian. The mere fact that a collision occurs between a vehicle and a runner may be strong evidence that the driver was inattentive and failed to see what was there to be seen. Under those circumstances, the driver can usually be held accountable for a failure to yield the right of way to the approaching runner.

However, runners should not presume that simply because they are a “pedestrian,” that they always have the right of way. In fact, several statues impose specific obligations upon pedestrians.

Pursuant to V&T §1156, where sidewalks are provided, it is unlawful to walk or run along the adjacent road.  That same statute also provides that where sidewalks are not provided, the pedestrian shall only walk facing traffic, and shall move to the far left when vehicles approach.

Are Drivers Always at Fault for Collisions with Runners?

Runners and drivers “share the road” and both carry responsibility for safety. Both need to be mindful of each other and observe some common-sense safety practices.

Runners also need to be aware of concepts of comparative liability, and how their own contributory negligence can affect their rights of recovery. If you are struck by a vehicle, your recovery may be limited if you contributed to the accident or failed to take steps for your own safety. Under some circumstances, you may be found to be completely responsible for your own accident.

Safety Tips for Runners

Thus, runners should observe some common-sense safety practices:

  • If a sidewalk is adjacent to the road, always run on the sidewalk whenever possible.
  • If it is necessary to run in the road, always run facing traffic, as it will enable you to see and avoid approaching cars.
  • If running near traffic, never wear headphones, as it will prevent you from hearing approaching traffic.
  • Always obey all traffic control devices and signals.
  • When crossing an intersection, proceed with utmost caution. In best practice, you should always stop and look for approaching traffic before entering the intersection. If you see an approaching vehicle, stop and do not step off the curb before crossing. Be aware that you are much smaller than a car, and can indeed be difficult to see. Do not assume that just because you see a car, that driver sees you as well.
  • Similarly, when running past a driveway or parking lot, if you observe a car backing out, slow down and wait until the car backs out, or until the driver notices you and stops.
  • If you run in the evening, always wear bright clothes, reflective attire, and headlamps or blinking signals.
  • Always be alert and attentive to your surroundings. On a really good run, you can sometimes fall into a “zone.”  However, when running around traffic, constantly scan your surroundings and anticipate that any vehicle pose a potential hazard.
  • In addition, we recommend that you always run with proper identification, as well as information regarding emergency contacts. If you are incapacitated in an accident, that will enable the medical providers to promptly contact your family.

Enjoy running, but at the same time, be cautious, be aware of your surroundings, and take actions to protect yourself. Safe practices now will allow you to enjoy more miles later.

Injured in a Collision with a Vehicle While Out For a Run? Get The Help You Need.

Car accidents involving runners can be devastating and overwhelming, especially for the runner involved. From recovering from your physical injuries to obtaining the compensation you deserve from the negligent party, there’s a lot to overcome following a car-pedestrian crash.

If you’ve been injured by a vehicle while running in or around Albany, Saugerties, Johnstown or elsewhere in New York State, please call 800-721-3553 for the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto. You can also contact us online for a free case review and consultation.

Our team will work hard to help you recover for the injuries and damages you sustained as a result of the accident. We’ve obtained impressive settlements and verdicts for past clients, and we know what it takes to successfully represent our clients. Let us put our decades of experience to work for you.

Take the first step towards your recovery. Give us a call today at (800) 721-3553 or contact us online to schedule a free case review.

Editor’s note: This content was originally published in 2014 but has been updated as of September 2018.

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