Pedestrian Accident in Minnesota: Do I Have a Case?

Pedestrians have the right to use sidewalks and designated crosswalks. These areas are specifically designed for pedestrian traffic, and vehicles must yield to pedestrians in these zones.

Pedestrians have the right of way at intersections, whether marked or unmarked, as long as they are crossing in a safe and legal manner. Vehicles must yield to pedestrians when turning or approaching intersections.

Pedestrians are protected from reckless driving. If a driver’s actions endanger a pedestrian, the driver can be held legally accountable. This includes speeding, failing to yield, and distracted driving.

Pedestrians have the right to trust that pedestrian signals at traffic lights will be honored by drivers. These signals are designed to ensure safe crossing times and help regulate traffic flow.

Individuals with disabilities have the right to use accessible pedestrian routes. This includes curb ramps, audible signals, and other accommodations to ensure safe and equal access.

If a pedestrian is injured due to a driver’s negligence, they have the right to seek compensation for their damages. This includes medical expenses, lost wages, and pain and suffering.

PRO TIP: After an accident, time is of the essence. The sooner you file a claim, the stronger your case will be. Don’t miss out on your chance for fair compensation!

After an accident, the first step should always be to seek medical attention. Even if you feel fine, some injuries may not be immediately apparent. Prompt medical evaluation ensures that any hidden injuries are diagnosed and treated promptly. Call 911 if your injuries are severe, or have someone else call if you are unable to do so.

Notify the police as soon as possible. The responding officers will document the accident scene and create an official report, which is crucial for any legal claims you might pursue later. This report typically includes details about the accident, statements from both parties and witness accounts​.

PRO TIP: Be cautious when talking about your accident, especially to insurance adjusters. Anything you say can be used against you in your claim. Speak with an attorney before giving any statements or signing any documents related to the accident​. Above all, NEVER admit fault at the scene of the accident.

Collect as much information as possible at the accident scene:

• Driver’s information: Get the driver's name, contact information, license number, insurance details, and vehicle registration.
• Witnesses: Record the names and contact information of witnesses who saw the accident.
• Accident details: Note the time, date, and location. Take photos of the scene, your injuries, the vehicle involved, and other relevant information, such as traffic signals and crosswalks.

Consult with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights, navigate the complex legal process, and ensure you receive fair compensation for your injuries. They can also handle communications with insurance companies and represent you in court if necessary​.

Yes, pedestrians may walk on the road if there is no sidewalk, but they should walk facing traffic and stay as far to the left as possible.

Yes, if a pedestrian acts negligently, such as jaywalking or crossing against a signal, they can be held partially or fully liable for resulting accidents. However, in most cases, drivers are held to a higher duty of care because of the relative vulnerability of pedestrians.

Report the incident to local authorities. If possible, take note of the vehicle’s license plate number and driver’s description.

Yes, you can file a claim even if you were partially at fault for the accident. Minnesota follows a modified comparative fault system, which allows you to seek compensation as long as someone else has greater responsibility for the accident.

Minnesota's no-fault insurance system means that your insurance policy will cover some of the damages of an accident regardless of who was at fault. However, if your injuries meet certain thresholds, such as significant medical expenses or permanent injury, you can go farther than the no-fault system and file a claim against the at-fault driver for additional compensation​.

To establish the driver was at fault, you need to gather substantial evidence showing their negligence. This includes:

• Police reports indicating any traffic violations by the driver
• Witness statements testifying about the driver’s behavior
• Video footage showing the driver’s actions leading up to the accident
• Photos depicting the scene and any contributing factors like traffic signals or road conditions​

Minnesota's statute of limitations for filing a pedestrian accident lawsuit is generally six years from the accident date. However, the sooner you speak to an attorney and start building your case, the better.

While it is not mandatory to have an attorney, having one can significantly improve your chances of receiving fair compensation. An experienced personal injury attorney can navigate the legal complexities, gather and present evidence, negotiate with insurance companies, and represent you in court if necessary.