At Nelson Personal Injury, LLC, our experienced Minneapolis pedestrian accident attorneys understand the hardship and loss experienced after a pedestrian accident that causes serious injuries or death. Accident victims and their families in Minneapolis can rely on our firm to help them navigate the aftermath of these devastating incidents.
Pedestrian accidents can happen quickly, and usually without warning. Unfortunately, due to the exposed nature of pedestrians, these incidents often result in serious injuries or fatalities.
If you or someone in your family was injured or killed in a pedestrian accident, you should not have to face the situation alone. Our experienced Minneapolis Pedestrian Accident Lawyers are here to help you pursue a claim against the at-fault party and recover the compensation you are entitled to.
Why Are Minneapolis Pedestrian Accidents So Serious?
Pedestrian accidents in Minneapolis often result in serious, sometimes life-altering injuries, primarily due to the vulnerability of pedestrians compared to motor vehicles.
Unlike drivers of motor vehicles, pedestrians have no protective barriers or safety mechanisms, making them more susceptible to severe injuries upon impact. Here are some key reasons why pedestrian accidents in Minneapolis are particularly serious:
- Lack of Protection: Pedestrians do not have the protective framework of a vehicle. This exposes them to direct impact from cars, trucks, and other vehicles, which can result in catastrophic injuries or fatalities. Nor do they have protective safety mechanisms like seat belts or airbags.
- High Impact Force: The force of a vehicle, even at low speeds, can be significant when it collides with a pedestrian. This can lead to critical injuries such as traumatic brain injuries, spinal cord damage, broken bones, and internal injuries.
- Urban Congestion: Minneapolis, like many urban areas, experiences high traffic congestion, increasing the likelihood of pedestrian accidents. Busy streets, intersections, and distracted or hurried drivers create hazardous conditions for those on foot.
- Severe Consequences: The consequences of pedestrian accidents extend beyond physical injuries. Victims often face emotional trauma, financial burdens from medical bills, lost wages, and a decreased quality of life.
- Weather Conditions: Minneapolis’s varying weather conditions, including icy winters, can contribute to pedestrian accidents. Slippery roads and reduced visibility make it more challenging for drivers to see and react to pedestrians.
- Complex Legal Issues: Pedestrian accidents often involve complex legal issues regarding liability and insurance claims. Determining fault can be complicated, requiring the expertise of our skilled Minneapolis pedestrian accident lawyers. We can help victims to navigate the legal system effectively.
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Proving Liability in Pedestrian Accidents
Establishing liability (or fault) in pedestrian accidents is critical to pursuing a claim for compensation. In Minneapolis, as in other jurisdictions, determining who is at fault involves thoroughly examining the accident’s specific facts and circumstances.
The steps involved with proving liability include the following:
Understanding Negligence
At the core of pedestrian accident cases is the concept of negligence. To prove liability, it must be demonstrated that the vehicle driver acted negligently, leading to the accident.
Negligence can take many forms, such as speeding, failing to yield the right of way, driving under the influence, failing to see what is in plain sight, failing to keep your vehicle under control, or being distracted.
Evidence Collection
Gathering evidence is essential in establishing negligence. This may include traffic camera footage, eyewitness statements, police reports, and vehicle damage reports. Photographs of the accident scene and injuries can also be crucial. Our Minneapolis injury lawyers will collect and analyze the evidence to build a strong case.
Comparative Fault
Minnesota follows a modified comparative fault system, meaning that if the pedestrian is found partially responsible for the accident, their compensation may be reduced by their percentage of fault. However, if your fault exceeds that of the other party, you are unable to recover any damages. For instance, if a pedestrian was jaywalking or not paying attention, this could impact the liability assessment. If a pedestrian is found to be 50% at fault, they can recovery 50% of their damages. However, if they are found to be 51% at fault, they are unable to recover any damages.
Recovering Compensation After a Minneapolis Pedestrian Accident
In the aftermath of a pedestrian accident, victims often face significant physical, emotional, and financial challenges. Recovering compensation is crucial in addressing these burdens and can provide much-needed relief.
Here is how compensation can be pursued following a pedestrian accident in Minneapolis:
No-Fault Insurance
Minnesota is what is called a no-fault insurance state. What that means is that any person injured as the result of the maintenance or use of a motor vehicle, will be able to recover certain benefits from an applicable no-fault insurance policy. Typically, you go to your own no-fault insurance policy to recover no-fault benefits, even if you were a pedestrian. If you did not have your own no-fault insurance policy, then you are able to recover your no-fault benefits through the driver that struck you.
The standard benefits available through no-fault insurance is $20,000 in medical expenses and mileage to and from your appointments; and $20,000 in wage loss and replacement services.
If you meet a certain “thresholds,” you will also be able to pursue a personal injury or sometimes called a bodily injury claim against the at fault driver and their insurance company. These thresholds include if you have sustained a death, 60 days disability, a scar or disfigurement, more than $4,000 in medical expenses, or a permanent injury. If you meet a threshold you will be able to recover the following types of damages from the at fault driver and their insurance company.
Medical Expenses and Treatment Costs
One of the primary components of compensation is recovering past and future medical expenses that were not covered by your no-fault claim. This includes hospital stays, surgeries, medication, physical therapy, and ongoing medical treatments. Compensation ensures that the victim does not bear the financial burden of these necessary medical interventions.
It is important to include current and future medical costs in a claim. This will ensure any ongoing treatment or rehabilitation is covered.
Lost Wages and Future Earnings
You will also be able to recover past and future lost wages that were not covered by the no-fault claim if the injury causes you to miss work. Furthermore, if the injury impacts the victim’s ability to work in the future, compensation may include loss of future earnings or diminished earning capacity.
If the accident resulted in the death of the accident victim, their family may be entitled to lost wages and future earnings by filing a wrongful death claim. Our Minneapolis wrongful death attorneys can help family members better understand their eligibility for filing this type of claim.
Pain and Suffering
Apart from tangible losses, victims can also be compensated for non-economic damages like pain and suffering. This includes physical discomfort, mental anguish, loss of enjoyment of life, and emotional distress resulting from the accident.
Recovering compensation after a pedestrian accident involves addressing the injury’s immediate and long-term impacts. With the help of our skilled Minneapolis injury lawyers, victims can focus on their recovery while our legal team secures the financial support they need.
Recovering the Compensation You Deserve After a Minneapolis Pedestrian Accident
The outcome of pedestrian accidents can be devastating. You can protect your rights to compensation by contacting our Minneapolis Pedestrian Accident Lawyer immediately after an accident.
While your priority is your health and safety, we are here to help with the legal filing. Contact the top Minneapolis pedestrian accident lawyers at Nelson Personal Injury, LLC, today to schedule a free consultation. You deserve compensation for your injuries and losses.
Call us today at 320-216-7651 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.
