Anoka Pedestrian Accident Attorneys
Pedestrian Accidents in Minnesota
Every year, dozens of pedestrians are killed and countless more are seriously injured in collisions with motor vehicles in Minnesota. While both pedestrians and motorists have certain responsibilities and obligations, motorists are required to exercise due care when driving near or around pedestrians. They should always take all necessary measures to avoid collisions with people on foot, as the consequences of such accidents are often catastrophic or even fatal.
If you or someone you love was involved in a pedestrian accident in Anoka, Anoka County, or any of the surrounding areas, reach out to Bolt Hoffer Boyd Law Firm today to learn more about your legal rights and options. Our experienced and compassionate personal injury lawyers offer free initial consultations and will take the time to get to know you, listen to your story, and share how they can help you seek the justice you deserve. We have a proven track record of success in recovering noteworthy settlements and verdicts on behalf of the injured and the families of those wrongfully killed, and we are prepared to aggressively advocate for you and your recovery.
Do Pedestrians Have the Right of Way in Minnesota?
Minnesota law requires motorists to exercise due care and yield the right of way to pedestrians whenever possible. However, there are certain instances in which pedestrians are legally required to yield the right of way to vehicles.
Below is a brief overview of Minnesota’s pedestrian laws:
- Pedestrians must obey traffic control devices, including stop signs and traffic signals, at intersections where such devices are present and operating
- Pedestrians have the right of way when crossing roadways in marked or unmarked crosswalks unless traffic control devices explicitly instruct them to wait or yield to vehicles
- When there are no traffic control devices present or in operation, motorists must yield the right of way to pedestrians crossing in crosswalks or at intersections without crosswalks
- When crossing a roadway outside of a marked crosswalk or intersection, pedestrians must yield the right of way to oncoming vehicles
- Pedestrians must yield the right of way to vehicles when crossing roadways where designated pedestrian tunnels or overhead crossings are present and available
- Pedestrians are not permitted to cross roadways outside of marked crosswalks between two adjacent intersections where traffic control devices are present and operating
If a pedestrian accident occurs, and it is found that the pedestrian failed to yield the right of way as required or otherwise violated traffic laws, leading to the collision, they may be considered partly or entirely at fault. Under the state’s modified comparative negligence rule, an injured accident victim may not file a claim for compensation if they were more at fault than the other party. If the injured victim’s degree of fault is less than that of the other involved party, the injured victim may file a claim for damages, but the total amount they can recover will be reduced by their percentage of fault.
Does No-Fault Insurance Cover Pedestrian Accidents?
In Minnesota, no-fault insurance covers pedestrian accidents when the pedestrian has the applicable personal injury protection (PIP) insurance. In other words, if you have auto insurance and you are involved in a pedestrian accident, you may file a PIP claim with your auto insurance provider regardless of who was at fault.
If you do not have auto insurance, you may still be eligible for compensation through a family member or household member’s no-fault insurance policy. In Minnesota, PIP coverage applies to the policyholder, as well as their spouse, children, and any relative who lives in their home and does not have auto insurance of their own.
However, it should be noted that PIP coverage is limited. It only pays for certain covered losses, such as medical bills and lost wages, as well as some “replacement services,” like costs associated with hiring in-home assistance. PIP also provides up to $2,000 in funeral expenses when an accident results in someone’s death.
Because pedestrians frequently sustain catastrophic injuries—such as traumatic brain injuries, spinal cord injuries, and severe broken bones/fractures—PIP coverage is often insufficient. When this is the case, it may be possible to step outside the no-fault system and bring a claim against the at-fault party’s insurance company or sue the liable party directly for damages.
Can You Sue a Negligent Driver After a Pedestrian Accident?
It is possible to sue a negligent driver after a pedestrian accident, but there are several things you must do to go outside the state’s no-fault insurance system.
First, you must prove the other person was mostly at fault for the collision. This could be the case if the driver hit you because he or she was:
- Violating traffic laws
After establishing the driver’s fault, you must also demonstrate at least one of the following:
- Your medical bills are at least $4,000
- You sustained a permanent injury, permanent impairment, or disability lasting 60 days or more
If you meet at least one of these requirements, you may bring a claim against the at-fault driver’s insurance company for damages that exceed your no-fault insurance policy limits. You may also file a third-party personal injury lawsuit against the at-fault driver (or another liable party) and seek compensation for all of your accident-related losses, including medical expenses, future care costs, lost wages, lost earning capacity, and physical and mental pain and suffering.
How Our Pedestrian Accident Attorneys Can Help
Pedestrian accidents tend to have devastating consequences for victims and their families. At Bolt Hoffer Boyd Law Firm, we understand what you have been through, as well as the many challenges that still lay ahead. Our Anoka pedestrian accident lawyers are prepared to help you navigate the legal process and overcome these challenges so that you can get back on your feet.
When you hire our firm, you can rely on us to handle every detail of your case. Our attorneys often work alongside accident reconstructionists, medical professionals, and other industry experts to gather evidence and build powerful, persuasive claims. We will handle all communication with the insurance adjuster and, if necessary, prepare your case for litigation. Should your case proceed to trial, we will be there to prepare you for court and answer any questions you may have along the way.