Your Minnesota Pedestrian Accident Injury Lawyers
It is not uncommon to witness a pedestrian accident in the heart of a city, where many commute to work on foot. While one would hope that in high-traffic areas, like downtown Minneapolis, motorists are being extra attentive, they produce pedestrian-involved accidents with some regularity.
These injuries, of course, are not restricted to city dwellers. Minnesota is full of parks and trails, such as on the North Shore and the Boundary Waters. People who crisscross roads to get to the water and trails can quickly become victims of vacationers paying more attention to their kids in the back seat than to those in the crosswalk.
What to Do After a Pedestrian Accident
Immediately following a pedestrian accident, you should take these steps both to help ensure that your potential injuries are addressed, and your attorney is in the best position to negotiate with the insurance company.
- Assess Yourself for Injuries: Try to determine your physical state and that of any companions who may have been hit.
- Get to a Safe Place: If you are physically capable, find a safe place away from traffic.
- Call Emergency Services: Report the accident to the police and get checked by paramedics.
- Exchange Information: Exchange contact and insurance information with the driver.
- Take Notes and Pictures: Use your phone to take pictures and make notes of all of the details you can remember in the moment. Show and describe the scene of the accident, position of the automobile, injuries, and any other details you feel might be important.
- See a doctor: Even if you think you are fine, see a doctor to make sure. Injuries are not always initially apparent. Pain may also develop or worsen as the adrenaline wears off.
- Report the Accident: Let your insurance agent know what happened.
- Contact an Attorney: Have a consultation with an experienced Minnesota pedestrian accident lawyer. This helps ensure that you get the compensation you deserve for your injuries.
- Keep Records: Track all expenses related to your accident, including doctor bills, mileage for care, and wage loss.
Common Injuries Resulting from Pedestrian Accidents
According to the Minnesota Department of Health, pedestrians represent about 15% of all traffic deaths in Minnesota annually, yet they make up only 5% of all traffic injuries. This demonstrates how vulnerable pedestrians are when they are struck by an automobile.
In many cases, the individuals survive the accident, but are left with serious injuries. Common injuries that pedestrians sustain include:
- Head Injuries: Due to the lack of protection, concussions, and traumatic brain injuries (TBIs) are not unusual with these types of accidents.
- Fractures: Common fracture sites associated with pedestrian accidents include the legs, arms, wrists, and collarbones.
- Soft Tissue: These types of injuries include bruises, ligament sprains, and muscle strains.
- Spinal Injuries: A car striking a pedestrian can cause herniated discs and/or paralysis, which can lead to a lifetime of pain and immobility.
- Internal Injuries: Internal hemorrhaging and organ damage can result from a collision with a car.
- Nerve Injuries: Nerve damage from an accident has the potential to lead to pain, paralysis, and numbness that can last a lifetime.
- Dislocations: Shoulders and other large joints can easily be dislocated from the impact of a car.
- Psychological Trauma: PTSD or other accompanying trauma can end up being an issue that follows an individual for years.
Common Causes of Pedestrian Accidents
- Distracted driving: Drivers who are texting, talking on the phone, or engaged in other distracting activities may fail to notice pedestrians crossing the road.
- Speeding: Excessive speed reduces a driver’s ability to react to sudden changes in the environment, increasing the risk of hitting a pedestrian.
- Failure to yield: When a driver fails to yield the right of way to pedestrians at crosswalks or intersections, it can lead to catastrophic or even fatal injuries.
- Impaired driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction times, making it more likely for drivers to collide with pedestrians.
- Aggressive driving: Reckless behaviors such as running red lights, disregarding traffic signals, or weaving through traffic can lead to pedestrian accidents.
- Poor visibility: Lack of proper lighting, inadequate signage, certain weather conditions or other similar issues can make it difficult for drivers to see pedestrians.
- Jaywalking and pedestrian negligence: Pedestrians who disregard traffic laws, cross in undesignated areas, or fail to pay attention to their surroundings contribute to accidents.
- Vehicle defects: Malfunctioning brakes, faulty headlights, and other mechanical issues of vehicles can lead to accidents involving pedestrians.
- Inadequate infrastructure: Poorly designed crosswalks, lack of sidewalks, and inadequate traffic control measures can create hazardous conditions for pedestrians.
- Poor road conditions: Hazards, such as uneven pavement, potholes, and slippery surfaces can result in a pedestrian losing their balance and possibly getting struck by a vehicle.
Determining Liability After a Pedestrian Accident
Typically, if a pedestrian is struck by a negligent driver, they are found liable for the accident. However, there can be other circumstances where liability is shared. For example, if the driver hits you while on the job performing a task that is within the scope of their employment, their employer may be required to assume partial liability. Or, in the instance you are hit by a drunk driver, the bar could potentially share some liability, if the driver was knowingly overserved under Minnesota dram shop laws. Our attorneys know how to investigate accidents to determine who might share liability.
Minnesota No-Fault Insurance and Pedestrian Accidents
Pedestrians are covered by their own no-fault insurance in Minnesota. This means that your own auto insurance policy will cover your medical bills and lost wages if you are a pedestrian struck by an automobile. If the injured pedestrian is a minor, their care is covered by the insurance of their parents or other resident relative. If you are a pedestrian who does not own a car, and therefore do not have auto insurance, you may file a claim with the at-fault driver’s insurance company for benefits.
Statute of Limitations
In Minnesota, you have six years from the date of the injury to file a claim. If you miss this deadline, you are unable to bring a claim, so it is imperative you are aware of the timeline. The best step you can take is to speak with a personal injury lawyer immediately following your accident to understand the options available to you.
Contact an Experienced Pedestrian Accident Lawyer
The experienced Minnesota accident lawyers at 612-INJURED will work hard on your claim. Our attorneys have worked with numerous pedestrian accident victims and have made sure they got the settlements they deserved. We have stood up to the big insurance companies and know how to ensure you get the representation you need during this trying time. Call or text us at (612) 465-8733 for a free consultation.
Pedestrian Accident Attorney in Minnesota
If you or a loved one has been injured in a pedestrian accident in Minnesota through no fault or your or their own, you may have a case. Text or call us or fill out the form on this website for your free no-obligation consultation. Pedestrian accidents can be traumatic, but you need to keep pushing forward even though your life might never be the same. Let us worry about the financial aspects of your case, while you focus on recovery.
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