Halloween should be for everyone, but when accidents occur, knowing what to do next improves your chances of obtaining compensation and supporting your recovery. Visibility issues during trick-or-treating may arise as many costumes lack reflectivity and masks obscure vision, making it difficult for children to be fully aware of their surroundings. Moreover, children, caught up in the excitement, might dash across streets unpredictably. Not too surprisingly, research from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System analyzed over 42 years, showing a 43% increase in pedestrian fatalities on Halloween compared to the weeks surrounding the holiday.
If you have been injured in a pedestrian accident on Halloween night, understanding your legal rights and options is essential. At Knutson + Casey, we are dedicated to helping you navigate your legal claim and fight to secure the compensation you deserve.
Table of Contents
Halloween sees significantly more pedestrian activity than a usual late autumn evening, particularly involving young children and teens. This increased traffic on the streets may make driving particularly challenging for the following reasons:
Given these factors, it’s not surprising that pedestrian fatalities tend to spike on Halloween. In fact, research analyzing 42 years of data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System highlighted this concern. The study indicated a 43% increased risk of pedestrian deaths on Halloween compared to the same time frame a week before and after. This comparison helps account for variations in weather, typical pedestrian activity, and changes in daylight hours.
The majority of pedestrian deaths on Halloween occur between 5:00 p.m. and 9:00 p.m., with the highest risk period being from 6:00 p.m. to 7:00 p.m. This peak risk coincides with dusk and the onset of darkness, a time when many children are still out trick-or-treating.
Contrary to what one might expect, it’s not only children who are victims of these accidents. The demographics of pedestrians involved in fatal incidents on Halloween may vary widely from one year to the next.
If you were injured on Halloween by a negligent party, you may have legal options to pursue compensation. The lawyers of Knutson + Casey will assess your case and guide you through the legal process.
If you were involved in a pedestrian accident on Halloween, it’s important to understand the steps to recover damages and ensure that your rights are protected. The following may help your recovery and strengthen your pedestrian accident claim:
Seek medical care after a pedestrian accident, regardless of how minor the injuries appear. Not only is this vital for your well-being, but medical records also play an essential role in substantiating your claims and linking the injuries to the accident.
Ensure the accident is reported to the police. A report may be used as an official account of what happened, which is invaluable in legal proceedings or insurance claims. This report may help establish the facts around the accident and identify the parties involved.
Knutson + Casey investigates accidents immediately by sending our investigators, taking photos, obtaining drone footage of the scene, completing accident reconstructions, inspecting vehicles, obtaining traffic camera footage, interviewing witnesses, and interpreting the black boxes of the vehicles. It is critical to obtain this evidence before it disappears.
Navigating a pedestrian accident is complex, especially when dealing with insurance entities or liable parties who may attempt to deny fault. The lawyers at Knutson + Casey are experienced in handling pedestrian accidents and will provide legal guidance to ensure your rights are protected.
When seeking damages, consider all possible forms of compensation. This includes medical expenses, lost wages, pain and suffering, emotional distress, and any future treatments related to your injuries.
If a pedestrian is involved in an accident, they may be eligible to file a claim under the Personal Injury Protection (PIP) section of their auto insurance policy.
Should the pedestrian’s damages surpass the PIP coverage limits, they may need to pursue compensation through the driver’s liability insurance or consider filing a personal injury lawsuit against the driver. For a successful claim or lawsuit, your Knutson + Casey lawyer must demonstrate the driver was at fault due to negligence.
In Minnesota, drivers are legally required to exercise reasonable care while on the road, meaning they must act with the caution expected of a reasonably prudent person in similar circumstances.
If a driver does not uphold this standard of care — say, by running a red light and striking a pedestrian — then they may be deemed at fault for the accident.
Halloween can be a dangerous time for pedestrians, particularly due to the increased number of people on the streets and the unique challenges posed by costumes and low visibility. If you’ve been injured on Halloween due to someone else’s negligence, it’s important to act quickly to protect your rights and explore your options for recovery.
At Knutson + Casey, we have years of experience helping accident victims navigate the legal process and pursue the compensation they deserve. From gathering evidence to negotiating with insurance companies, we provide comprehensive legal representation tailored to your needs. You can rely on us to guide you through each step of your claim and help you assess all possible avenues for compensation, from medical bills to pain and suffering. Call us at (507) 344-8888 or visit our contact form to schedule a free consultation and learn how we may be able to assist you.
Knutson and Casey Expert Legal Team
December 12, 2024
At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.