Running is an activity that you can do for recreation and exercise anywhere in Kentucky. Sometimes, runners hit sidewalks and streets as they make their way from one destination to the next. While running, it is always possible that you will come across a pothole that you may not see until it is too late. Potholes are not only dangerous to drivers. A runner could be severely injured if they fall into a pothole on a road, parking lot, or sidewalk.
At Kaufman & Stigger, PLLC, our team of personal injury lawyers will help you protect your rights after you have been hurt in a running accident in Kentucky. We understand how devastating these accidents can be physically, emotionally, and financially. You have many legal options after an accident and we will provide you with the resources that you need to move forward. Please contact us today for a free and completely no-obligation consultation so that you can learn more.
Who is Responsible for a Trip and Fall Caused by a Pothole?
If you are a Kentucky runner who was injured in a trip and fall accident due to a pothole, you may have sustained life-altering injuries as a result. Determining who is responsible for your accident can help you move forward with a personal injury claim after you have been injured. There are several parties who could be responsible for a trip and fall involving a pothole, including the following:
- Property Owners: Perhaps you were running on the road or sidewalk in front of a business or a home when you tripped and fell in a pothole. In these cases, the property owner would be liable for the potential harm that you have suffered. An owner should have attempted to fix the pothole or placed warning signs so that the accident did not occur, as it is their responsibility to protect them from dangerous conditions.
- Government Entities: In a situation where your accident happened on public property, such as a DMV or post office parking lot, you could have a claim against a government entity. These claims are especially complex as you will have to meet short deadlines and file proper paperwork to file your claim initially.
Proving Negligence After a Trip and Fall in a Pothole
There are several ways that you can prove that a property owner or a government entity acted negligently and it caused your accident. These include some of the following types of evidence:
- The property owner or government entity knew about the pothole but didn’t fix it. Perhaps they were notified about the pothole previously but nothing was done to correct the condition, leading to future accidents.
- The owner or entity should have known about the danger because the pothole was present for an extended period of time. Owners and entities are supposed to regularly maintain their property and correct any dangerous conditions.
- The property owner or entity caused the problem and it led to the pothole forming.
You may be able to collect evidence proving any of these factors such as witness statements to those who live in the area, photographs or videos taken in the area, business surveillance videos, and related incident reports.
Damages Following a Running Accident Involving a Pothole
If you can show that one or more parties are at fault for the pothole that caused you harm, you may be able to bring a successful personal injury claim for damages you have suffered. Financial support you may be able to obtain includes the following:
- Medical bills from the beginning to end of your treatment related to your injuries
- Lost wages and earning potential due to missed time at work
- Loss of quality of life when you can no longer engage in certain activities, such as running
- Pain and suffering damages
- Therapy costs and medical equipment
- Wrongful death damages if a loved one lost their life in an accident
In Kentucky, you will have to comply with the state’s statute of limitations if you want to bring a personal injury claim for damages. Kentucky has a relatively short statute of limitations of one year on personal injury cases. This means that, after a year from the time you are injured, you may no longer be able to bring a claim. It is crucial that you act quickly to retain your rights after an accident.
Contact a Kentucky Runner Injury Lawyer for More Information
You deserve to run safely on Kentucky roads and sidewalks. If you have been hurt in an accident involving a pothole while running, you may be feeling alone and confused as you focus on your physical recovery. As you focus on your recovery during these difficult times, it is important that you have legal help on your side.
Our Kentucky runner injury lawyers at Kaufman & Stigger, PLLC understand how life-altering a running accident can be and believe that you should never have to face your claim alone. We will provide you with necessary legal guidance so that you can achieve the financial support you need at this time. Contact us today for a free legal consultation so that we can answer any questions that you may have.