Mankato Pedestrian Accident Attorney

Pedestrian accidents account for a large amount of injury claims in the state of Minnesota. According to data from the National Highway Traffic Safety Administration, approximately 5,000 pedestrians die each year as the result of accidents, while an additional 66,000 suffer injuries due to being hit by a truck or car. But vehicles aren’t the only way pedestrians can be hurt; tripping over poorly maintained sidewalks or a neglected construction apparatus can also lead to injury.

Whether you’re harmed by a car or a small business owner’s property defect, you may be eligible to recover damages if your legal team can prove someone else’s negligence was a contributing factor to the accident. When we talk about negligence, we’re referring to someone’s failure to act (or not act) in a reasonable manner to assure your safety. To prove negligence in a pedestrian accident, you need to demonstrate the person at fault:

  • Had a legal obligation to keep you (or anyone else) safe under the circumstances.
  • Failed that obligation, either through inaction or action.
  • Caused or was a contributing factor in your accident.
  • Injured you as a result.

When pursuing pedestrian accident cases, the person holding the legal responsibility (the person “at fault”) isn’t always clear. At times, like when you get hit by a car, the responsibility seems to rest clearly on the driver of the vehicle. However, not all cases are so cut and dry. For example, if you fall into an open manhole, the person responsible could be the one who left the cover open. It could also be the entity charged with maintaining that part of the property. With this in mind, you can see how pedestrian injury cases can quickly become complicated.

Pedestrian Accidents Involving a Vehicle

Since vehicle/pedestrian incidents are among the most common injury claims, there are clear laws that govern who is responsible in the event of an accident. Both pedestrians and drivers are expected to fulfill certain “duties of care.”

Duties of Care

If you’ve been injured by a driver, you’re entitled to compensation if you can prove he or she failed to fulfill his or her duties of care. These duties can be violated by:

  • Speeding
  • Driving while distracted or using a cell phone
  • Failing to yield to pedestrians
  • Not stopping at or obeying traffic signals
  • Substance abuse or driving under the influence of illicit drugs
  • Not exercising appropriate care in inclement weather

Drivers are also expected to take extra care where children under the age of nine are present; for example, in school zones and playground areas. Just as drivers are beholden to a set of laws, as a pedestrian, you’re expected to follow certain rules, like:

  • Not disrupting traffic flow or stepping out in front of moving cars
  • Using crosswalks wherever available
  • Obeying all traffic and crosswalk signals

If you’ve been involved in a pedestrian accident, the people who hurt you might be quick to point the finger. To protect your rights, take the following precautions:

  • Call the police and request that they file an accident report
  • Ask for copies of all your medical records
  • Gather contact information from any eyewitnesses
  • Don’t sign any statement from insurance companies without appropriate legal counsel 

Protect Your Rights

Being involved in a pedestrian accident can lead to mountains of medical bills and loss of earned income. You shouldn’t have to suffer because someone else was careless. For a free initial consultation of your pedestrian accident, call the law experts at Knutson+Casey for more information. Our experienced attorneys will go to work for you and secure the compensation you deserve.