This is why being proactive and submitting a pedestrian accident claim quickly can help protect a claim, avoiding the potential loss of compensation. While many statutes of limitations have deadlines of a year or more, this time can quickly slip away without intentional action. An experienced personal injury lawyer from Betz & Port, P.A. can help explain the impact of the Minnesota statute of limitations in a personalized consultation. Schedule your appointment today to learn more about your legal rights from a Minnesota attorney.
The statute of limitations for a pedestrian accident claim is six years from the incident itself or the discovery of injuries. In fact, most forms of personal injury claims, as well as others, are six years in the state of Minnesota, according to Minn. Stat. § 541.05. Some claims regarding specific issues have a statute of limitations of four years, but these generally will not apply to a pedestrian accident claim. Understanding the deadlines for filing a claim can help victims of injuries effectively prepare an argument and build a case to present in court. An experienced Minnesota pedestrian accident attorney can give specific advice as it pertains to your case.
However, the deadline for filing a claim is not the only law that the plaintiff must take into account when filing. Minnesota has numerous laws that impact liability for pedestrian accidents, the majority of which can be found in Minn. Stat. § 169.21. A pedestrian accident claim is more than simply knowing the deadline and filing the claim. The plaintiff is generally required to prove the negligence of the defendant in court or negotiate a settlement with the defendant’s insurance company. Each of these options may require an in-depth understanding of Minnesota personal injury law. Coming equipped with legal knowledge and preparation can help protect your claim. This helpful guide can help explain the laws that commonly impact a pedestrian accident case.
For more complex questions, consider scheduling a consultation with a skilled auto accident attorney from Betz & Port, P.A. today.
First and foremost, pedestrians are expected to follow posted traffic control devices and other signage. While pedestrians are afforded certain rights and protections in Minnesota, they are also expected to adhere to road safety laws and posted instructions. Therefore, failure to follow posted signage, road markers, and other instructions could damage an individual’s personal injury case. However, outside of posted instructions and established traffic control devices, the pedestrian will generally have increased protection from legal action in the event of a car crash with a pedestrian.
Pedestrians have the right to use sidewalks and marked crosswalks. This means that pedestrians are generally protected against liability for accidents that occur while the pedestrian is on a sidewalk or legally and safely using a marked crosswalk. This is also recommended by the City of Minneapolis for personal safety. Drivers are required to stop and yield right of way to a pedestrian using a marked crosswalk, which means that an accident in this situation may be eligible for compensation. However, pedestrians are not allowed to quickly leave a safe area, such as a curb or sidewalk, and enter the path of a vehicle that does not have time or space to react safely.
Many areas in Minnesota make use of crossing guards and school safety patrols, specifically in school zones and other areas with large concentrations of pedestrians. Drivers must obey instructions and directions from these individuals, and failure to do so may lead to arrest and maybe subsequent charges. Pedestrians should also follow the instructions of these officials to promote safety and avoid accidents.
When a marked crosswalk is not available or reasonably accessible, pedestrians may elect to cross between intersections. However, in these situations, pedestrians must yield right of way to oncoming vehicles. When marked crosswalks or other designated areas are available, pedestrians should not cross at any other point on the road but the marked areas. However, regardless of where a pedestrian crosses, drivers are expected to exercise due care to avoid a collision with pedestrians or cyclists.
Listed below are several frequently asked questions regarding the process of filing a pedestrian accident claim.
While the actual decision may be determined by causal and contributory negligence, Minnesota law tends to favor the pedestrian, as they are more vulnerable and more likely to suffer severe injuries in a pedestrian accident. This does not guarantee compensation for pedestrians, but it does mean that a pedestrian accident claim may be more likely to succeed than a standard vehicle accident claim.
Pedestrians do not always have the right of way in Minnesota. While pedestrians are protected in areas with marked traffic control devices and in certain other areas of the road, there are certain instances, such as crossing the road between intersections, in which a pedestrian must yield to vehicle traffic. Negligence of these laws could damage the chances of a pedestrian accident case in Minnesota.
Pedestrians are much more vulnerable on the road than drivers, which means a pedestrian accident can very easily lead to severe and life-threatening injuries. The state of Minnesota takes pedestrian accidents very seriously, often favoring the pedestrian in litigation to avoid setting a precedent for careless or reckless driving around pedestrians. However, this does not mean that a pedestrian accident claim will be straightforward to resolve. There are still many legal nuances that must be taken into account, evidence that must be reviewed and evaluated, and negotiations with insurance companies to be navigated. The legal process for personal injury claims is quite complex, but a seasoned pedestrian accident lawyer from Betz & Port, P.A. can help in a personalized consultation. Contact our office today at (763) 347-2974 to learn more about your legal options.
