In Minnesota, most junctions have designated crosswalks. Yet, many pedestrians get injured while crossing the road, chiefly due to collisions. When such accidents happen, who is liable according to the law?
What does the Minnesota law say?
According to Minnesota law, if there are no traffic signals in place, a pedestrian usually has the right-of-way. Accordingly, a driver is required to yield to the pedestrian crossing the road within a marked crossway or at an intersection that has no marked crossway. However, that doesn’t mean that a pedestrian gets to leave a curb suddenly or get into the path of a vehicle, giving very little time for the driver to stop.
If a motor vehicle jumped the signal and caused a collision with a pedestrian, the driver could face multiple traffic violations and financial liability.
How does a Minnesota court judge a claim?
Since Minnesota is a modified comparative negligence state, each party’s share of fault in the accident may determine the final court ruling. The court may consider:
- The speed of the vehicle at the time of impact
- Whether the pedestrian exercised caution while using the crosswalk
- Witness accounts and surveillance footage
If you are a pedestrian filing a personal injury claim, you may be able to recover damages in part or in full, as long as your share of fault is 50% or less. If you were the driver, you may want to build a strong defense to prove that your negligence didn’t cause the accident.
Building your version of the story matters
You don’t have to imagine anything. The word “story” here means the sequence of events that led to the accident from your perspective. With the help of an attorney experienced in a pedestrian accident, you may be able to build a convincing story of your own that you could present to the court.