Getting hit by a car can leave you facing injuries, medical bills and time away from work. If you were walking when the crash happened, you may have options for recovering compensation. Your rights depend on the circumstances of the accident, your injuries and how fault is determined.
What compensation can you pursue?
A pedestrian injury claim may involve compensation for medical expenses, lost income and other losses caused by the crash. You may also have a claim for noneconomic losses, such as pain and suffering, depending on the circumstances.
Minnesota’s no-fault insurance system may also provide benefits for certain economic losses after a motor vehicle accident. The insurance issues can vary based on the policies involved, so do not assume that the driver’s liability insurance is the only potential source of benefits.
Does being outside a crosswalk affect your claim?
It can, but it does not automatically end your claim. Minnesota law generally gives pedestrians the right-of-way in marked crosswalks and at intersections without marked crosswalks when traffic signals are not operating. Pedestrians crossing elsewhere generally must yield to vehicles.
At the same time, Minnesota law requires drivers to exercise due care to avoid colliding with pedestrians. Both your actions and the driver’s actions may factor into determining fault. Minnesota’s comparative-fault rules can reduce compensation based on your share of fault.
What should you do after a pedestrian accident?
Take these steps as soon as possible:
- Seek medical attention and follow the recommended treatment
- Report the crash and obtain the available accident report
- Take photos of the scene, vehicle and visible injuries when possible
- Collect contact information for witnesses and involved drivers
- Keep medical records, bills and documentation of missed work
These records can help establish what happened and how the accident affected you.
Protecting your legal rights
Pedestrian accidents can involve questions about fault, insurance coverage and the extent of your injuries. Gathering evidence early can help preserve your claim. A Minnesota personal injury attorney can review the accident and explain your legal options.