Accidents involving vehicles and pedestrians can have serious consequences, both legally and physically. If you’re involved in hitting a pedestrian with a car in Minnetonka or the surrounding Minnesota area, understanding what to expect is essential. At Schmidt and Salita Law Team, we’re here to help you navigate the complex laws surrounding pedestrian accidents and provide you with the legal support you need.
Types of Injuries in Pedestrian Accidents
Pedestrian accidents often result in severe injuries due to the lack of physical protection for the pedestrian. Injuries can range from minor cuts and bruises to life-altering or fatal trauma. Common types of injuries include:
- Head and Brain Injuries: Traumatic brain injuries (TBIs) are some of the most severe outcomes of pedestrian accidents. When a pedestrian is struck, they may hit their head on the ground or the car, which can lead to concussions, skull fractures, or more severe brain injuries that impact cognitive functions.
- Spinal Injuries: The impact from a vehicle can also damage the spinal cord, potentially leading to partial or complete paralysis. Spinal injuries often require extensive medical treatment and long-term rehabilitation.
- Broken Bones and Fractures: Collisions tend to result in fractures to the legs, arms, or ribs due to the force exerted on the body. These injuries may require surgeries, casting, and physical therapy.
- Internal Injuries: The force of an impact can cause damage to internal organs, resulting in life-threatening conditions. Injuries to organs like the liver or lungs may not be immediately apparent but can require urgent medical attention.
- Soft Tissue Injuries: Ligament damage, bruising, and muscle tears are common, mainly in the neck, back, and extremities. While these injuries might seem less severe, they can lead to chronic pain or limited mobility over time.
According to data from the Foundation for Traffic Safety, even a car traveling at 30 mph has a significant risk of causing severe or fatal injuries to a pedestrian, highlighting the inherent dangers in these types of accidents.
What Are the Potentially Liable Parties in Case of an Accident?
Determining liability in a pedestrian accident can be intricate, as multiple parties may share responsibility. The driver is often assumed to be at fault, but other factors can influence liability, such as road conditions or actions taken by the pedestrian. Here’s a breakdown of the potentially liable parties:
- The Driver: In most cases, the driver must operate their vehicle safely and watch for pedestrians. If they were speeding, distracted, or otherwise negligent, they may be held liable for the accident.
- The Pedestrian: Pedestrians also have a responsibility to follow traffic rules, such as crossing at designated crosswalks and obeying traffic signals. If the pedestrian was jaywalking or crossing against a signal, they might share some degree of fault.
- Local Government or Property Owners: If poor road maintenance, lack of signage, or improperly marked crosswalks contributed to the accident, the local government or a property owner could be held liable. For example, if an intersection in Minnetonka lacks sufficient lighting, this could potentially increase the risk of accidents.
- Vehicle Manufacturer: In rare cases, a defect in the vehicle—such as faulty brakes—might contribute to the accident. If mechanical failure played a role, the car manufacturer could be partially responsible.
Establishing liability typically requires a thorough investigation, often involving evidence from the accident scene, witness statements, and police reports. This can be a tricky process, particularly if multiple parties share fault. Minnesota’s comparative fault laws allow injured parties to recover compensation even if they share some degree of fault, as long as they are less than 50% responsible for the accident.
What Can Happen If I Hit a Pedestrian with My Car?
Hitting a pedestrian can lead to serious consequences, both legally and financially. Legally, you may face penalties if found at fault, particularly if you were driving negligently—such as speeding, driving while distracted, or under the influence. Criminal charges could include fines, jail time, and suspension of your driver’s license, especially in cases involving severe injuries or fatalities.
Financially, you may be liable for the pedestrian’s medical expenses, lost wages, and pain and suffering. While your auto insurance might cover some of these costs, serious accidents often result in claims that exceed policy limits, leaving you personally responsible for the difference. Moreover, your insurance premiums will likely increase significantly following such an incident.
Emotional impacts are common as well. Drivers who injure or kill a pedestrian often experience guilt, anxiety, or even post-traumatic stress. These psychological effects may require professional help and can have lasting impacts.
Finally, the injured pedestrian may choose to file a civil lawsuit, seeking damages beyond what insurance covers. Civil cases can lead to court-ordered financial judgments if the driver is found liable, potentially resulting in wage garnishments or other financial repercussions.
Need Help with a Pedestrian Accident Case? Contact Schmidt and Salita Law Team
Involved in a pedestrian accident in Minnetonka? The skilled attorneys at Schmidt and Salita Law Team are here to protect your rights and guide you through the process. Call (952) 473-4530 or contact us today for a free consultation.