Being struck by a car as a pedestrian eliminates your limited tort status
Now that the weather is becoming consistently nicer, more and more people are out on the roads exercising. While this may be good for their overall health, we are seeing more occurrences of runners being struck by drivers who are not paying attention to the conditions on the roadway. Many times the injuries sustained are serious enough to be considered a serious bodily injury which allows the injured party to seek non-economic damages (pain and suffering) against the responsible parties.
However, if you have limited tort insurance (which precludes pain and suffering recoveries unless you have a serious bodily injury) you may think that your minor injury from being struck by a passing car may not entitle you to pain and suffering damages. Think again. As a pedestrian who is struck by a vehicle, your tort status with your insurance company does not apply and you are entitled to collect all damages, just as if you selected full tort. The same applies to people occupying motorcycles who are involved in accidents. Tort status does not apply to motorcycle riders.
Stay safe out there, and remember, if you are ever struck by anyone, whether in a car or as a pedestrian, give attorneys Rankin & Gregory a call to learn of your full rights and responsibilities.