When a pedestrian is involved in an accident with a car or truck, the injuries suffered can be life threatening. In order to recover from injuries suffered from this type of accident, immediate medical treatment is often required. It is also necessary to take steps to hold the driver accountable, by making a claim for damages. Unfortunately, many drivers attempt to place blame on the pedestrian to avoid liability. This is why it is so important to understand how to make a claim, what to expect once a claim has been presented, and what facts are needed to establish who is liable for a pedestrian accident.
The concept of slowing down at a crosswalk to avoid hitting a pedestrian seems to be a difficult one to grasp for Minnesota drivers. But, the general rules on liability for a pedestrian accident make it clear that when a pedestrian is hit by a car, the driver bears some responsibility:
- If the driver was partially to blame for the accident, a claim can be made against the driver for damages. Things that contribute to fault include distracted driving, speeding, and failing to yield.
- Even though a pedestrian has some level of care when entering a crosswalk or walking along a roadway, the level of care owed by the driver is greater. When the driver fails to abide by the rules required and exercise due care in operating their vehicle around pedestrians, liability will lie with the motorist.
- Drivers remain responsible for stopping even when walkway signals are not in operation, or are otherwise not working properly. What this means is that drivers must exercise caution at all times, and not simply rely on crosswalk or other signals.
The law also requires a driver to exercise extra care with the pedestrian is a small child. Small children behave erratically, often darting out into traffic. This fact is something the law presumes all motorists to be aware of, and to take the necessary steps to drive safely around kids. If you or a loved one has been in an accident as a pedestrian, it is a good idea to seek legal counsel so questions of liability do not become confused. The simple truth is that drivers nearly always try and place some blame on the pedestrian, but a solid legal argument regarding fault can usually overcome this hurdle. We have experience helping hurt people, and are here to have you put that experience to work for you.
If you have been in a pedestrian accident, call our office to learn your options. Let an experienced attorney help you figure what is best for you. Call a Bloomington, Minnesota personal injury attorney today.