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Pedestrian accidents can be devastating. It is not unusual for pedestrian accident victims to suffer life-threatening or fatal injuries. If you were fortunate enough to survive your pedestrian accident, you might have debilitating injuries and considerable expenses.

You’ve already suffered enough. A pedestrian accident lawyer can help you recover maximum compensation through insurance claims or civil lawsuits. Our accident lawyers at OFT Food Safety & Injury Lawyers work tirelessly on your behalf.

Call 888-828-7087 for a free case evaluation.

What is Your Pedestrian Accident Case Worth?

Every person’s case is different. Your pedestrian accident attorney will carefully review both your economic and non-economic damages.

Some common types of financial and non-financial losses that you could recover in your pedestrian accident claim include:

  • Pain and suffering
  • Lost quality of life
  • Loss of consortium
  • Emotional distress
  • Lost wages
  • Diminished earning potential
  • Property damages
  • Medical expenses
  • Loss of household services

Compensation for Pedestrian Accident Victims

There are two primary ways victims of pedestrian accidents may recover compensation.

Insurance Claims

The first is through the insurance company. There will be an insurance provider with whom you can file a claim in most pedestrian accident cases.

Insurance companies often only provide coverage for economic damages, such as medical expenses or property damages.

Insurance companies only pay up to the policy limit, and they might not cover your emotional damages. To cover these additional damages, you might need to file a lawsuit.

Pedestrian Accident Lawsuit

A pedestrian injury attorney can prepare your case for trial when medical expenses, lost pay, and emotional damages exceed insurance coverage.

Minnesota imposes a two-year statute of limitations, or deadline, on personal injury lawsuits.

That may seem like more than enough time to pursue your claim. Still, given the amount of time it takes to investigate, gather evidence, obtain witnesses, and handle the insurance company, two years is not very long. Your pedestrian injury lawyer should start on your case soon if you hope to get the most out of your claim.

How Shared Fault Affects Pedestrian Accident Claims

You could pursue civil claims in a pedestrian accident even if you are partly responsible. Minnesota is a modified comparative negligence state. Shared fault does not prevent you from being awarded compensation.

However, you can only carry as much as 50% of the blame. Furthermore, your injury settlement is reduced based on your percentage of liability.

For example, you were crossing the street outside of the crosswalk when you were injured. The judge may find you to be 35% at fault for the injuries you sustained. Therefore, your injury settlement is reduced by 35%. Talk to an attorney if you have concerns that shared fault could impact your pedestrian accident lawsuit.

Common Causes of Pedestrian Accidents

According to the National Highway Traffic Safety Administration, 82% of pedestrian traffic deaths occurred in urban settings, and 80% were in dark lighting conditions.

Despite the NHTSA’s best efforts to create a safer environment by putting resources into pedestrian safety programs, there were more than 6,200 pedestrian fatalities in traffic accidents in 2019.

Pedestrian accidents are often caused by:

  • Speeding
  • Drunk driving
  • Drugged driving
  • Tailgating
  • Road rage
  • Failure to yield
  • Failure to stop
  • Making an illegal turn
  • Failure to use a turn signal
  • Distracted driving
  • Driving while fatigued

Identifying the Responsible Party in Pedestrian Accidents

When driver negligence is not the cause of your pedestrian accident injuries, there may be other parties who share the blame. Roadways, crosswalks, and lighting conditions are the responsibility of government agencies. They could be held accountable.

When defective parts or repairs cause the accident, an attorney can seek compensation from such parties as:

  • Vehicle technicians
  • Safety inspectors
  • Auto dealers
  • Auto parts designers
  • Auto parts manufacturers
  • Auto parts distributors
  • Other third parties

You can expect your pedestrian accident lawyer in Minnesota to conduct a thorough investigation into the circumstances of your case. This is the best way to determine which insurance companies to file claims with and which parties should be named accountable in your civil lawsuit.

The Rights of Pedestrians Under Minnesota Law

Minnesota Law outlines specific statutes that describe the rights of pedestrians and the responsibilities of motorists when navigating busy intersections and crosswalks. Knowing these laws helps you understand the duty of care you’re owed, and when that duty is breached by a negligent driver, you could be entitled to compensation.

In general, motorists are required to yield to pedestrians at crosswalks and intersections with unmarked crosswalks.

The Motorist’s Responsibilities

Motorists must refrain from the following:

  • Passing a driver in front of them as that driver is approaching a crosswalk with pedestrians attempting to cross the street
  • Proceeding through a crosswalk when school safety patrol is guiding students across the road and the crossing guard is holding the proper signage to stop oncoming traffic
  • Failing to yield the right-of-way to pedestrians crossing an intersection when proper traffic-control devices are not present or in operation

Pedestrian Responsibilities

Additionally, pedestrians have their own responsibilities regarding their personal safety. They might be partially to blame for an accident if they perform the following actions:

  • Leaving the curb or a place of safety to run or walk into the middle of the road where it is deemed impossible for drivers to yield
  • Crossing between intersections where no marked crosswalk or unmarked intersection exists
  • Failing to obey traffic-control signals

Despite a pedestrian’s responsibilities, all drivers must exercise due care to avoid pedestrian accidents and give audible signals to alert pedestrians. Motorists must also take caution when a child runs into the street or an incapacitated person tries to cross the road.

Get Help From a Pedestrian Accident Lawyer in Minnesota

When you have suffered critical injuries in a pedestrian accident, you may have the right to hold the liable party accountable for their negligence. Get help pursuing maximum compensation for your injuries when you call an experienced Minnesota pedestrian accident attorney at OFT Food Safety & Injury Lawyers.

For a free, no-obligation consultation, call 888-828-7087 or complete our convenient contact form to get started on your case as soon as today.