What to do if I was hit by a car about a year ago while jogging and since then I’ve been having ever-worsening back, muscle, and joint pain?

I believe it’s due to the accident. I was crossing the street in a residential area and not in a crosswalk. I looked over my shoulder but didn’t see or hear the car as it was a Prius and I had headphones on. If it does turn out my back and neck pain are due to the car accident, do I have any chance of winning if I sue the driver’s insurance?

Asked on June 10, 2014 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't sue the driver's insurance; you sue the driver. (His insurance may pay to defend him and/or pay any judgment against him, but it's the driver who is potentially liable, if he was at fault.) As to whether you will win--it depends on the circumstances, but from what you write, there's a good chance you'd lose, since you were evidently careless, or negligent, in at least two ways: 1) not crossing at the crosswalk (so not crossing in the expected, proper place); and 2) wearing headphones while crossing the street (which impairs you ability to sense cars and other danger). If you were largely at fault and not the driver, you will not be able to recover any substantial amount, or possibly, depending on the exact circumstances, anything at all.


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