What Is a Pedestrian Accident Case?

Struck by a vehicle while jogging or running? Runners face unique risks from inattentive drivers on roads and shoulders. Our attorneys pursue maximum compensation for injured joggers and their families.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a pedestrian accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Jogger & Runner Accident Lawyers in Georgia & South Carolina

Joggers and runners share the road with vehicles every day, often on shoulders, bike lanes, and roadside paths where they are vulnerable to inattentive, distracted, or impaired drivers. Unlike pedestrians who cross the road briefly, runners spend extended periods alongside traffic — increasing their exposure to negligent drivers. When a vehicle strikes a runner, the injuries are almost always serious because the runner is moving forward and typically struck from behind or the side without warning.

At Roden Law, our pedestrian accident lawyers represent joggers and runners injured by negligent drivers throughout Georgia and South Carolina. We understand the unique circumstances of these crashes and fight for full compensation for our running community.

Common Causes of Jogger and Runner Accidents

Our investigation of runner-vehicle crashes reveals recurring patterns of driver negligence:

  • Distracted driving: Drivers on phones, adjusting music, or otherwise distracted who drift onto shoulders or fail to see a runner on the road. Distracted driving is the leading cause of runners being struck from behind.
  • Failure to share the road: Drivers who fail to move over or slow down when passing a runner, especially on narrow roads without sidewalks
  • Impaired driving: Drunk or drugged drivers who drift off the road and onto shoulders where runners are traveling. Impaired drivers who strike joggers are also more likely to flee the scene.
  • Drowsy driving: Particularly dangerous during early morning and evening hours when many runners are on the road and lighting is poor
  • Right-turning vehicles: Drivers turning right who check left for traffic but fail to look right where a runner may be approaching on the shoulder or crosswalk
  • Sun glare: Low morning or evening sun that blinds drivers, especially during popular running hours at dawn and dusk
  • Road design deficiencies: Lack of sidewalks, shoulders, or running paths that forces runners to share travel lanes with vehicles

Runner Rights and Pedestrian Laws

Joggers and runners have the same legal rights as other pedestrians:

  • Georgia: Under O.C.G.A. § 40-6-96, where sidewalks are not available, pedestrians (including runners) should walk or run facing traffic on the left side of the road or shoulder. Drivers must exercise due care to avoid colliding with any pedestrian.
  • South Carolina: South Carolina law similarly requires drivers to exercise due care around pedestrians and provides that pedestrians on the roadway where sidewalks are unavailable should keep to the left, facing traffic.

Even if a runner was on the right side of the road (with traffic) rather than facing traffic, this does not bar a claim. Comparative fault may reduce the recovery, but the driver’s duty to exercise due care and avoid colliding with pedestrians remains.

Unique Challenges in Runner Accident Cases

Jogger cases present some unique factors:

  • Earbuds and headphones: Insurance companies often argue that runners wearing headphones couldn’t hear an approaching vehicle. While situational awareness matters, a driver’s duty to see and avoid a pedestrian is paramount — a visible runner in reflective gear should never be struck regardless of headphone use.
  • Clothing and visibility: Wearing dark clothing at dawn or dusk may be raised as comparative fault, but the driver’s obligation to watch for pedestrians is not diminished.
  • Running groups: Crashes involving running groups may have multiple injured victims and witnesses who can corroborate negligent driving.

Our attorneys counter victim-blaming tactics aggressively. Under both Georgia and South Carolina comparative fault rules, a runner can recover damages as long as the driver bore the majority of fault. We pursue full compensation for all medical expenses, lost wages, pain and suffering, permanent disability, and wrongful death.

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What to Do After a Jogger and Runner Accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. State law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Pedestrian Accident Lawyers →

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Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Jogger and Runner Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.