People who are traveling by foot to get to their destinations usually do not think of themselves as being at risk of being involved in motor vehicle accidents, yet the Minnesota Department of Public Safety’s Office of Traffic Safety reported that 1,151 crashes involved at least one pedestrian in 2016. While only 13 “hit-and-run” crashes occurred in Minnesota that year, 11 of those accidents (85 percent) involved pedestrians.
Many people who are injured in pedestrian accidents assume that drivers were clearly at fault and that it will not be difficult to obtain compensation for their injuries. Instead, these victims can often be taken aback when the insurance companies for negligent drivers argue that the pedestrians were entirely at fault for their injuries.
If you or your loved one was seriously injured in a pedestrian accident in Minnesota, it is in your best interest to quickly contact JD Haas & Associates. You can have our firm provide an honest and thorough evaluation of your case when you call (952) 345-1025 to set up a free consultation.
Comparative Negligence Effects on Pedestrian Accident Claims
Insurers will frequently look for any reason possible to deny an injured pedestrian’s injury claim. In many cases, a negligent driver will claim that a pedestrian took some action that ultimately exposed him or her to a danger that could have been avoided.
One of the more common claims by insurance companies is that a pedestrian was to blame for not being more attentive. In such cases, an insurer may argue that a pedestrian was distracted by a cell phone or doing something else that makes him or her at fault for his or her injuries.
These types of issues are precisely why all pedestrian accident victims should avoid speaking to the insurance company representing the negligent motorist. Agents for insurers will often reach out shortly after these types of accidents and will usually act as though they are willing to do whatever it takes to help the victim.
In truth, most representatives are specifically trained to get victims to make damaging recorded statements that ultimately hurt their claims. Keep in mind that under Minnesota Statute § 604.01, Minnesota is a comparative fault state.
Under this type of system, a negligent party’s liability is reduced in proportion to the victim’s fault, so long as the victim’s fault is less than the negligent party’s. In other words, a victim who is awarded $100,000 but found to be 25 percent at fault would have his or her award reduced by $25,000 and would ultimately receive $75,000.
If a victim is determined to be more at fault than the negligent party, then he or she is barred from recovering anything.
Minnesota Pedestrian Accident Attorney
Were you or your loved one seriously injured in a pedestrian accident in Minnesota? Make sure you seek legal representation as soon as possible.
JD Haas & Associates helps clients all over the greater Bloomington area. Call (952) 345-1025 or contact us online to have our firm review your case and answer all of your legal questions during a free consultation.