Getting Hit By A Car While Walking Can Cause Serious Injuries and Financial Struggles
After a pedestrian is hit by a car or other motor vehicle, collecting compensation can be a difficult, negotiation-heavy process. It involves negotiations with insurance companies and lawsuits against automobile drivers that cause it through negligence. If you have suffered an injury as a pedestrian, you likely have legal recourse to sue for compensation for medical bills, physical pain, and other losses incurred as a result of the accident. Our experienced pedestrian accident attorneys can help you navigate the process and get you the legal recourse you deserve.
How can Sand Law help with my Pedestrian Accident case?
There are a number of steps that need to be taken to collect compensation for pedestrian injuries. Pedestrian are not able to file a lawsuit against the parties that caused the crash immediately in Minnesota due to the state’s “no fault” insurance law.
However, after that period is up, Minnesota also has a short statute of limitations for submitting personal injury claims. It is important to file claims as quick as possible, otherwise you may be barred from recovering compensation.
Our attorneys can help collect evidence, review witness statements, and investigate the driving records of the alleged at-fault driver to build the case.
Damages after a White Bear Lake Pedestrian Accident Injury
If you’ve been seriously injured by a car in a pedestrian accident, we can help you recover compensation for the following damages:
- Medical Expenses – Any expenses related to the accident, such as hospital bills, rehab, therapy, and surgery.
- Lost Wages – Compensation for time lost at work.
- Pain and Suffering – The physical pain endured as a result of the accident, as well as emotional and psychological distress like anxiety and depression.
- Funeral Expenses – Surviving family members may seek compensation to cover the funeral should the pedestrian in the accident not survive.
How does negligence play a roll in a pedestrian accident?
For an injured pedestrian’s case to have validity, their attorney must prove that their client’s case meets the following criteria:
- The defendant ( or vehicle driver) owed the injured party a duty of care.
- That the defendant then breached that duty, through some action or inaction on the defendants part.
- That the pedestrians injuries were then caused by this breach of duty (for example, the pedestrian’s spinal cord injury was a result of the accident in questions and not an injury from a baseball game the week before).
- And the attorney must prove that the injured victim’s damages were caused by the defendant’s negligence and not from some other situation.
- Finally, the plaintiff’s attorney (or injured victim) must prove that they suffered actual, measurable harm, like medical injuries, or lost wage, or loss of enjoyment of life.
Negligence laws can be complicated, but having competent legal representation on your side to even the playing field will make things much easier. The experienced lawyers at Sand Law under negligence better than anyone and we will use that knowledge to help you win your case and get back on your way to recovering financially and physically.
Driver Negligence versus Pedestrian Negligence in White Bear Lake
Both pedestrians and drivers are expected to exercise duty of care while using common, shared roads. However, drivers are held to a higher standard. While both pedestrians and drivers can contribute to the cause of the accident, drivers have the ability and the responsibility to react quickly and avoid accidents.
The following can be considered driver negligence.
- Failure to pay attention, such as being preoccupied with a phone
- Going over the speed limit
- Failing to yield right of way to pedestrians at a crosswalk
- Failing to observe hazardous road conditions, such as ice or snow
- Not using turn signals
- Neglecting to stop at red lights and stop signs, or not turning right on red properly
- Driving under the influence of alcohol or other drugs
- Driving while drowsy
Pedestrian negligence, on the other hand, are things like:
- Darting off sidewalks or out of crosswalks into oncoming traffic
- Not taking a moment to see if it’s safe to cross busy streets
- Ignoring crossing signals at intersections
Contributory Negligence in a Minnesota Pedestrian Injury Claim
According to Minnesota’s contributory negligence law, an injured pedestrian may recover compensation that is equal to their amount of fault in the accident, as long as the injured person was not more than 50% responsible.
In a Minnesota pedestrian accident case, the judge will determine how much fault the injured party should be held responsible for and use that information to determine a fault percentage. The injured plaintiff will then lose that percentage of their awarded financial compensation.
For example, if a judge finds that the pedestrian was 30% at fault for their injuries—because, say, they were checking their phone for directions when they started crossing—and the compensation awarded was $100,000, then the plaintiff would only receive $70,000 or their original judgement minus the financial amount equivalent to their amount of fault.
Some states allow the plaintiff to receive compensation even if they are 90% at fault, but Minnesota cuts off this percentage at 50%, meaning an injured person cannot recover financial compensation if they were 51% or more at fault for the accident or their injuries.
Experienced Pedestrian Accident Attorneys in White Bear Lake, Minnesota
If you believe you have a case to make for personal injury claims as the result of a pedestrian accident, don’t hesitate to contact our experienced lawyers at Sand Law LLC. We can be reached using our online contact form, or by calling 651-571-4125. Sand Law’s experienced personal injury team will help you take your case to court, if necessary, and get you the compensation you deserve.
About the Author of this Page: The above information was written or reviewed by one of the attorneys at Sand Law LLC who have extensive experience practicing and writing about the law in Minnesota. The information in this article comes from this hands-on experience along with extensive research. For information about the author of this page, view our attorneys’ bios.