Leaving your child in the care of a daycare facility is a decision made with trust and hope for their safety and well-being. Unfortunately, accidents can happen, and when a child sustains injuries while under daycare supervision, it can be [...]
Hit By a Vehicle While Walking in Duluth? Hold Them Accountable
Did you know that the Duluth-Superior metropolitan area has historically ranked as one of the most dangerous for pedestrians? Moreover, while it is true that Minnesota laws say pedestrians have the right of way, Minnesotans on foot also have an obligation to follow the rules of the road and to exercise as much caution as drivers when using them.
All of this means that when a pedestrian has been struck by a moving vehicle on a Duluth roadway, holding the other party liable for your injuries in a court of law is quite a bit more complex than that. In fact, nearly half the time, pedestrian crashes wind up attributed to the pedestrian according to the Minnesota Department of Public Safety (DPS).
The two most commonly recorded reasons for assigning fault to pedestrians?
- Darting or dashing into the road, and
- The presence of alcohol in the system.
What is more, about a third of all car accidents involving pedestrians are cited as having “No Clear Contributing Factor” at all.
This is truly unfortunate because quite often pedestrian accident victims get severely hurt. Worse, many just do not realize that they are entitled to compensation if their injuries are due to another’s negligence.
They can receive help with things such as:
- Medical bills
- Past, present, and future loss of income
- Pain and suffering
But in order to actually win your claim, you need records. You need evidence. You need someone who understands the nuances of personal injury law in Minnesota and how the system works. Someone whose sole agenda is to prove your side of the story and help you win the compensation you need to recover.
The skilled attorneys at Olson, Poole & Envall have handled all kinds of injury cases across the state — including pedestrian accidents — and they know exactly what you need to prove to hold the negligent party responsible and get the compensation you need and deserve to get your life back on track.
Minnesota Pedestrians’ Basic Rights to Benefits
The state of Minnesota adheres to a “no-fault” system when any type of automobile accident occurs. This includes ones involving pedestrians.
Every driver is required to maintain auto insurance that includes No-Fault coverage in the policy. The way this clause generally works is this:
- If you are a pedestrian who has been struck by a moving vehicle and you are also a licensed Minnesota driver with a current insurance policy, then your own policy is likely to cover the basic economic losses associated with your accident — even if you were not in your vehicle at the time of the crash.
- If you are a pedestrian who has been struck by a moving vehicle and do not have auto insurance, then the losses you incur due to your accident should be covered by the driver’s policy.
This no-fault system was designed to ensure injured parties get the help they need, to prevent frivolous lawsuits, and to help keep overall insurance premiums low.
The basic recoverable benefits under Minnesota law are your medical treatment and rehabilitation services expenses, as well as any loss of income and replacement services.
That being said, these are not always the only expenses associated with an accident like this. Has your accident affected childcare, for instance? Have you suffered permanent damage? Was it a loved one involved in the accident? Have they wrongfully perished?
These are all very real and very calculable losses that must be addressed when resolving your claim. You need personal injury representation you can trust to present your case in the best possible way so that you have the highest chance of receiving fair and just compensation for all of your losses.
Receiving Fair and Just Compensation in MN Means Knowing How to Deal with Insurance Companies
Whether you are dealing with your own insurance company or that of the other party, the most important thing for you to remember is that insurers have far more experience with these kinds of incidents than you do. In order to succeed in your claim, you need someone with just as much hands-on experience. That is where we come in.
Many of Minnesota’s top insurance companies have template settlement offers and incentive policies that encourage adjusters to minimize the time it takes to settle these types of cases and ultimately reduce the amount of payout.
Part of that strategy means presenting themselves as a friend to you and your loved ones, and appearing to be sympathetic to your story. Unfortunately, you have to remember that these representatives have goals and bottom lines to meet that have nothing to do with ensuring you get the justice you deserve.
Our lawyers regularly deal with insurers and know all-too-well the various tactics they try to use to avoid paying out large sums. When you work with LaCourse, Poole & Envall, you have an ally on your side who understands how to fight back and put insurance companies on the defensive.
Olson, Poole & Envall: The Attorneys You Need after a Pedestrian Accident in Duluth
At Olson, Poole & Envall, the way we help you build the strongest pedestrian injury claim is by covering every base — who caused the accident, why the incident happened the way it did, and what damages directly resulted.
By doing this, our attorneys not only address your immediate needs, but also calculate future expenses. This includes evaluating and assigning a quantifiable number to the pain and suffering your accident has caused you.
Our goal is to manage everything related to your case so that you can focus on your health and healing rather than the back-end business of an accident claim.
This does not mean that we cut you out of the loop, though. Ultimately, this is your injury and your claim, so you have to be the one calling the shots. In practical terms, this means:
- We explain every step of this process — once before we begin, and again at the beginning of each stage we encounter.
- We determine what you want, then act as your mouthpiece, communicating effectively and efficiently with the insurance company on your behalf.
- We follow your lead. Sometimes these cases are resolved quickly in your favor, but other times they can be long and trying. While our goal is always to ensure your medical bills are paid, that you acquire your rightful no-fault benefits, and that any additional compensation matches the extent of the damages in your case, you can instruct us at any time to take whatever settlement is offered — even if we believe you could get more.
It is our duty to inform you of your rights and options and to offer advice and information that will help you make informed decisions, but you are still at the helm of this ship. Final decisions always rest with you.
Start Fighting for the Compensation You Deserve Today By Setting Up a Free Consultation and Case Review
Our law firm has decades of experience representing injured Minnesotans, including countless pedestrian injury claims. We believe that no one should ever have to pay for another’s negligence, and we fight for those beliefs every day.
You cannot get the justice you deserve without taking that first step. Reach out and we will take it with you.