From tree-lined streets to scenic parks and trails in Minnetonka, there’s no shortage of places to stroll in this beautiful suburb. But even in quaint, peaceful cities like Minnetonka, when pedestrians share the road with motorists, accidents happen.
Pedestrian accidents are harrowing experiences that can leave victims with severe physical injuries, emotional trauma, and financial burdens. In such challenging times, hire a dedicated and experienced legal advocate.
The Minnetonka pedestrian accident lawyers at Fields Injury Law understand the pain and uncertainty that follows a pedestrian accident, and we are here to help you navigate the legal complexities and fight for your rights.
Why Choose Fields Injury Law for Your Pedestrian Accident Case?
The legal team at Fields Injury Law is made up of passionate and skilled personal injury lawyers serving the community of Minnetonka. For over 20 years, we have made it our mission to provide compassionate support and unwavering legal representation to those who have been injured in accidents.
With a proven track record of success, we are here to be your voice, your advocate, and your ally in the pursuit of justice. Contact us today for your free consultation, and let us use our experience and resources to help you get the compensation you deserve.
How Common Are Pedestrian Accidents in Minnetonka
Pedestrian accidents happen far too often in the United States. According to the Governor’s Highway Safety Association, about 20 pedestrians die on U.S. roadways each day — the highest rate in four decades. Motor vehicles struck and killed more than 7,500 pedestrians last year. In Minnesota, cars killed 46 pedestrians.
To ensure pedestrian safety, Minnetonka provides tips for motorists to promote pedestrian safety, yet these tragic accidents continue to occur.
Human error is the No. 1 cause of pedestrian accidents, most often on the part of the driver. When a driver is negligent or careless and strikes a pedestrian, the resulting injuries can be catastrophic, if not deadly. Pedestrian accident victims and their families should not have to shoulder the burden of medical bills.
A personal injury attorney from Fields Injury Law can get the compensation you deserve.
Do I Have a Pedestrian Accident Claim?
Pedestrian accident cases rely on personal injury law, which generally requires the plaintiff (the injured party) to show that the defendant’s (the at-fault driver) negligent actions caused the accident that injured them.
To establish negligence on the part of the driver, you must prove four key elements in a personal injury claim or lawsuit against the driver:
- Duty of Care: The first element involves demonstrating that the driver owed a duty of care to the pedestrian. In most cases, drivers must exercise reasonable care when operating their vehicles, which includes obeying traffic laws, following the rules of the road, and being vigilant for pedestrians and other road users.
- Breach of Duty: To establish negligence, the plaintiff (the pedestrian) must show that the driver breached their duty of care. This means proving that the driver's actions or inactions fell short of the expected standard of care. Common examples of breaches of duty in pedestrian accidents include speeding, distracted driving, running a red light, or failing to yield the right of way to a pedestrian in a crosswalk.
- Causation: The third element involves demonstrating that the driver's breach of duty was the proximate cause of the pedestrian's injuries. In other words, you must show that the driver's actions directly led to the accident and the resulting harm to the pedestrian. The pedestrian must establish a clear cause-and-effect relationship between the driver's negligence and their injuries.
- Damages: The final element is proving that the pedestrian suffered actual damages in the accident. This can include physical injuries, medical expenses, pain and suffering, lost income, and other losses that the accident caused. Without demonstrable damages, you lack the basis for a personal injury claim.
To prevail in a pedestrian accident case, the plaintiff must provide sufficient evidence to establish all four of these elements. This typically involves collecting witness statements, police reports, medical records, and other documentation to support their claims and demonstrate the driver's negligence.
Who Pays for a Pedestrian Accident Victim’s Medical Bills?
When a vehicle strikes a pedestrian, the injuries can require extensive, expensive medical treatment. So, who pays for the injured pedestrian’s medical bills?
Minnesota is a no-fault state, which means that drivers must purchase personal injury protection (PIP) insurance. PIP covers medical expenses, lost earnings, and other losses incurred by the driver and their passengers, regardless of who caused the accident. So, even if you’re walking across the street and not even in your vehicle when you are hit by a car, you can still use your PIP coverage for your medical bills and lost earnings.
The minimum PIP motorists must carry in Minnesota is $40,000 per person per accident, which usually breaks down to $20,000 for medical bills and $20,000 for lost income, mileage for medical treatment, and replacement services if you cannot perform your regular household duties, such as cooking or cleaning your home.
But, as mentioned above, pedestrian accident injuries can require a lot of costly medical treatment, so the injured person's PIP coverage may not cover all those bills.
In that case, if a driver's negligence caused the pedestrian accident, the pedestrian may file a claim against the driver's insurance company. If the claim succeeds, the insurance company may pay for the pedestrian's medical bills, as well as other damages such as lost earnings and pain and suffering.
Dealing with insurance companies can frustrate you, especially when they refuse to cover all your damages. An experienced pedestrian accident lawyer with Fields Injury Law can handle your personal injury claim and deal with the insurance company so you can focus on your own recovery.
What should I do if the liable driver’s insurance company gives me a low offer for compensation?
Insurance companies try to reduce the payment they provide to the victims of serious accidents caused by their drivers. Though insurance agents and representatives may seem, on the surface, to have your best interests in mind, the insurance company’s policies often focus more on the company than the victim.
The insurance company may start with an initial settlement offer, often issued soon after a pedestrian accident, reflecting only a small percentage of the damages you sustained from the pedestrian accident and your injuries.
The insurance company may even make that offer seem very tempting. In the early days after a pedestrian accident, you may already notice your medical expenses increasing and your bills piling up. A fast settlement sounds great to get on top of those bills and avoid future financial repercussions.
Unfortunately, accepting a low settlement offer may have the opposite effect.
Before you accept any settlement offer related to a pedestrian accident, have a lawyer review the settlement offer and the extent of the damages you suffered.
Our lawyers can provide more information about whether you will best serve your future financial needs by taking an early settlement offer or fighting for additional compensation.
You do not have to accept any offer issued by the insurance company, and you should not feel you have a tight timeline to respond to the offer. The insurance company has a legal obligation to provide you with compensation for an accident caused by its driver. You can fight for the full compensation you deserve.
What should I do to protect myself after a pedestrian accident?
You suffered injuries in a pedestrian accident. Whether you received ambulance transport away from the scene or chose to go to an ER or urgent care center on your own, you probably have substantial medical bills related to the incident.
What should you do next?
- Call a lawyer to learn more about your rights. Ideally, start working with a lawyer as soon after your pedestrian accident as possible to get the full support you need.
- Get a copy of the police report. A police report can give a quick picture of what caused your pedestrian accident and, in many cases, who bears liability for the accident and your injuries.
- Keep up with your medical care needs. Listen to all instructions given by your medical care provider and try to follow those instructions as carefully as possible.
- Let your lawyer deal with the insurance company for you. Your lawyer can help avoid many of the pitfalls often associated with dealing with an insurance company directly.
Protect yourself financially after a pedestrian accident. If you fail to take the necessary steps to protect yourself, you may miss out on the compensation you deserve, which may leave you without the funds to pay your medical bills and manage other expenses from the incident.
How Can a Lawyer Help with My Pedestrian Accident Claim?
Here are some ways a lawyer with Fields Injury Law can help with your Minnetonka pedestrian accident claim:
Legal Knowledge and Advice
Our firm's experienced personal injury attorney understands the relevant laws and regulations specific to pedestrian accidents in your jurisdiction. They can provide legal advice, guide you through the legal process, and ensure you meet all necessary deadlines and requirements.
Investigation
Our attorneys can conduct a thorough investigation into the accident, gathering evidence such as police reports, witness statements, and any available surveillance footage. They can also work with accident reconstruction experts if needed to establish liability.
Establishing Negligence
Our lawyers can establish the driver’s negligence in causing the accident. They can gather evidence and build a strong case to prove that the driver breached their duty of care, leading to the accident.
Negotiation With Insurance Companies
Many pedestrian accident claims are resolved through insurance settlements. Your attorney can handle negotiations with the at-fault driver's insurance company on your behalf, aiming to secure a fair and full settlement that covers your medical expenses, lost wages, and other damages.
Calculating Damages
Our attorneys can assess the full extent of your damages, including both economic (such as medical bills and lost income) and non-economic (such as pain and suffering) damages. They recover the compensation you deserve for your losses.
Litigation Representation
If negotiations cannot secure a fair settlement, your attorney can represent you in court. They will file a lawsuit and advocate for your rights during litigation, including preparing legal documents, presenting your case in court, and cross-examining witnesses.
Dealing with Legal Technicalities
Your attorney can navigate the legal process’s complex rules, procedures, and technicalities on your behalf, helping you avoid costly mistakes that might jeopardize your claim.
Statute of Limitations Compliance
Personal injury claims have specific deadlines known as statutes of limitations. Missing these deadlines can result in the loss of your right to pursue a claim. Your attorney will ensure that you file your claim within the required timeframe.
Peace of Mind
A pedestrian accident attorney can provide you with peace of mind, knowing that someone is working to protect your interests and rights during a stressful and overwhelming time.
Maximizing Compensation
Your Fields Injury Law attorney's primary goal is to secure the maximum compensation available to you. They have experience in assessing the value of claims and can help ensure that you receive the compensation you deserve.
Contact a Pedestrian Accident Lawyer at Fields Injury Law Today
After a pedestrian accident in Minnetonka, the path to recovery and justice starts at Fields Injury Law.
Our experienced Minnetonka pedestrian accident attorneys are ready to fight for your rights and help you secure the compensation you deserve. We make your well-being our top priority.
Contact us today and take the first step toward a brighter future. Let us be your voice in the legal system, so that you can focus on healing.
Contact Minnesota personal injury attorneys at Fields Injury Law today at (612) 206-3495 or through our online form for your free and confidential consultation.
