Many factors cause Pedestrian Accidents
Pedestrian accidents happen all too often in Minnesota. The reasons are numerous: driver distraction, cell phone usage, texting, drunk drivers, road and weather conditions such as glare caused by the sun, vehicle malfunctions, etc.
Insurers likely will contend the pedestrian was at fault
If a motorist fails to pay attention to pedestrians and an accident happens, the motorist is primarily at fault, even though their insurance company may contend the pedestrian was at fault. If you or someone you love has been hit by a vehicle call Scott Anderson who will help you establish the motorist is at fault and liable for any damages the pedestrian may incur.
No-Fault law in Minnesota is complex.
Pedestrians and bicyclists injured in a motor vehicle accident can seek no-fault benefits from the involved vehicle’s insurance or their own automobile insurance if struck by an uninsured motorist. Car accident claims in Minnesota are complex. First, there is a claim against your own insurance company for medical expenses and wage loss. Minnesota’s No-Fault Law is governed by Minnesota Statutes §65B.41 through §65B.71. Any person with injuries arising from the maintenance or use of a motor vehicle is entitled to receive up to $20,000.00 in medical and $20,000.00 in wage loss benefits from their own insurance company, regardless of who is ultimately found to be at fault in causing the accident. For this reason it is called a No-Fault claim. Certain provisions in individual policies can increase the amount of coverage provided.
Minnesota is a comparative fault state.
In addition to the claim for Minnesota No Fault Benefits, the injured party has the right to bring a claim against the driver of the vehicle causing the accident. Minnesota is a comparative fault state, meaning that so long as the other driver is more than 50% at fault in causing the collision, he or she can be held liable for the property damage, car repairs, rental car expenses, medical bills, lost wages, pain and suffering, and loss of enjoyment of lifestyle caused by his or her negligence. The practical effect of this is that being partially at fault in causing an accident does not preclude recovery in Minnesota.
There may be uninsured motorist insurance available through your own policy.
Finally, depending upon the severity of your injuries and the amount of insurance available through the at-fault driver, you may be able to bring a claim for Underinsured or, in the case of a driver carrying no insurance, Uninsured motorist benefits. All insurance policies issued in Minnesota carry this UM/UIM coverage. This means that there may be excess insurance available through your own policy if the policy limits of the at-fault driver are not sufficient to compensate you for your injuries. There may be other insurance policies to tap into, as well. It is critically important that all avenues of insurance recovery be thoroughly explored in order to make sure that you are fully compensated.
Thank you for considering Anderson Law Office.
Please call Scott at 763-422-8664 to speak with an accessible, compassionate and experienced attorney. Your call is free and confidential. There is no cost to you unless you recover money damages. Please call, you will be glad you did.
Anderson Law Office will work hard to gain your trust and focus on the goals and objectives to best serve your needs.
Please contact Scott @ Anderson Law Office now to schedule your Free Phone or In-Home Consultation with an experienced attorney. Call Scott L. Anderson at (763) 422-8664, e-mail him, or fill out the free consultation form on the Contact Us page.