Pedestrians injured by automobile accidents in Minnesota deserve compensation for their losses. Knowing how much compensation they can seek is a good idea for victims considering a personal injury case. While there’s no average settlement for a pedestrian accident in Minnesota, Milavetz Law’s pedestrian accident attorneys can help you calculate the total potential value of your case.
Whether you’re recovering from a pedestrian accident yourself or caring for someone recently injured, you deserve to have an experienced attorney investigate and calculate your losses. A Minneapolis pedestrian accident lawyer at Milavetz Law can help you and your loved ones fight for maximum compensation.
What is the average payout for a pedestrian hit by a car? The amount a victim or their family receives after an accident will vary depending on certain details. Pedestrian accident attorneys consider several factors when calculating how much compensation you can seek.
Pedestrian Accident Settlements Recovered by Milavetz Injury Law
Our lawyers at Milavetz Law are award-winning trial attorneys who have been fighting on behalf of Minnesota accident victims since 1963. Our legal team has successfully recovered numerous multiple million-dollar settlements and verdicts for our clients.
Our pedestrian accident lawyers have helped injured clients recover compensation for their medical expenses, damaged property, and pain and suffering. We have seen how the unique circumstances of each pedestrian accident can impact our clients and their personal injury claims. We rely on these experiences and the insight we have gained to achieve favorable results for our clients.
Here are some examples of the top results we have recovered for pedestrians injured by motor vehicles:
- $670,000 in compensation plus comp benefits over $250,000 and no-fault benefits for a pedestrian struck in a crosswalk in Coon Rapids.
- $90,000 in compensation for a pedestrian struck in a crosswalk
What Factors Affect Pedestrian Accident Settlements in Minnesota?
While there’s no average payout for pedestrian accident cases, experienced attorneys will consider a few factors when calculating the total value of a case.
Minnesota's No-Fault Laws
Minnesota is a “no-fault” insurance state, which means drivers must purchase no-fault insurance before they hit the road. This means a driver’s own insurance policy covers certain losses after an accident, regardless of who caused the crash.
The policy must have certain minimum coverage set by Minnesota law:
- Bodily injury: $30,000 per person/$60,000 per accident
- Property damage: $10,000 per accident
- Personal injury protection (PIP): $40,000
Under Minnesota law, a driver operating a vehicle with no proof of insurance can be charged with a misdemeanor.
The personal injury protection coverage pays the driver’s own medical expenses from an accident. This provides coverage for individuals injured in any automobile accident, even though they may not have been driving. Thus, pedestrians struck by an automobile may file a claim with their own insurer to seek payment of their medical bills.
However, if you are a pedestrian struck by an automobile and do not have car insurance, you are not out of luck. You can file a claim with the driver’s insurance company.
If you successfully pursue a personal injury claim against the driver who hit you, you can receive compensation for your losses from the driver and the liability coverage under their insurance policy.
Unfortunately, uninsured drivers or those who fail to carry the state’s minimum coverage may not have the means to pay you the compensation you deserve. However, you may pursue claims under your uninsured or underinsured coverage if you have an automobile insurance policy.
Minnesota's Pedestrian Laws
In Minnesota, pedestrians must follow several laws while walking along public roads. These laws require pedestrians to do the following:
- Obey traffic signals
- Yield the right-of-way to a vehicle when crossing a road or intersection with no marked crosswalk
- Walk on the left side of the road or the left shoulder when able to do so
- Must use a sidewalk if one is available
Minnesota's Modified Comparative Fault Law
If a pedestrian did not follow the pedestrian laws and was injured, the pedestrian might be partially at fault.
In Minnesota, you can recover some compensation as long as you were less than 50 percent at fault for an accident. However, your compensation will be reduced by your share of fault. For example, if the court finds you were 30 percent at fault, you can still recover 70 percent of your damages.
Location of the Accident
The settlement a pedestrian receives after getting hit by a car can vary depending on whether that pedestrian was hit in a crosswalk, on a sidewalk, or while jaywalking. While a pedestrian who was jaywalking can file for compensation after a car crash, they may receive less than a pedestrian who was following all applicable pedestrian laws.
Extent of the Pedestrian's Injuries
While there are several common car accident injuries, the severity and extent of a pedestrian’s injuries will vary from case to case. In general, the more severe your injuries are, the more compensation you can seek from the at-fault party. In addition, the injuries’ effect on your daily life will substantially impact the settlement amount.
What damages are available for pedestrian car accidents in Minnesota?
No two pedestrian accident settlements or jury awards look the same. However, Minnesota pedestrian accident attorneys might look at cases similar to yours when determining the overall value of your claim. When someone else’s negligence or acts cause your injury, you can recover compensation for economic and non-economic damages. That means your case’s total value can cover monetary expenses and mental and emotional harm, including the following:
- Medical bills
- At-home care
- Lost or reduced wages
- Emotional distress
- Pain and suffering
- Wrongful death and funeral expenses, if applicable
How Can an Attorney Help Determine Fault in a Pedestrian Car Accident in Minnesota?
To secure compensation for a pedestrian accident, you must determine who to hold responsible for your losses. A lawyer can help you show who was at fault for your injuries by collecting and presenting evidence. The evidence your attorney may use to support your claim includes the following:
- Police reports
- Physical evidence such as debris, skid marks, and property damage
- Witness statements describing your accident
- Expert witness opinions
- Accident recreations
- Photos or video footage of your accident
- Social media posts describing your pedestrian accident
You do not have to return to the scene of your accident to gather this evidence. When someone is injured in a pedestrian accident, their focus should be on healing. An attorney can reach out to bystanders, secure video footage, get in touch with experts, go to the scene to collect evidence and take photos, and analyze all the evidence relevant to your case.
How Long Do You Have to File a Lawsuit After a Pedestrian Accident?
Every type of legal claim must be filed before a certain deadline. That deadline is called the statute of limitations. Injured pedestrians must bring a personal injury claim within six years of the accident date. If you try to file a pedestrian accident claim after this period, you may not be able to get the compensation you deserve.
If a family member is killed after being struck by a car, you’ll have three years to bring a wrongful death action.
Six years may seem like a long time, but it can be easy to lose track of deadlines when you are dealing with an injury. Pedestrian accident attorneys familiar with Minnesota law can make the most of the filing timeline available to help you build the strongest case possible.
Minnesota’s personal injury statute of limitations does not affect the pace at which pedestrian accident survivors and liable parties may settle or how long a case may run in civil court. If you are asking, “How long does it take to settle a pedestrian accident?” you can discuss the details of your case and estimated timeline with our personal injury lawyers.
Do I Have a Pedestrian Accident Case?
Motorists, bicyclists, and everyone else on the road have to do their part to keep Minnesota’s pedestrians safe. If you or a loved one were injured in a pedestrian accident, Milavetz Injury Law is here to advocate for your best interests and protect your rights. Our team of experienced pedestrian accident attorneys can help you fight for the financial support you need to cover your post-accident bills.
Milavetz Injury Law has twelve offices in the Minneapolis-St. Paul area that you or an injured loved one can visit after an accident. Contact our team today to schedule a free case consultation.
