Being hit by a car while you are walking can change your life in a second. Modern vehicles protect the people inside from much of the force of a crash, but people outside the vehicle remain particularly susceptible, according to NHTSA.
In Minnesota, your first source of help for medical bills and lost wages is usually no-fault auto insurance, even though you were on foot. You can also bring a claim against the driver who hit you for losses no-fault does not pay and, if your injuries meet Minnesota’s threshold, for pain and suffering (Minn. Stat. § 65B.51). Our Minneapolis-area personal injury office handles pedestrian accident cases on a contingency fee, which means you pay no attorney fee unless we recover money for you.
How Minnesota No-Fault Insurance Covers Pedestrians
Minnesota is a no-fault state: auto insurers must pay basic economic loss benefits, often called personal injury protection or PIP, regardless of who caused the crash (Minn. Stat. § 65B.49, subd. 1). Pedestrians are included, because every person who suffers loss from injury arising out of the maintenance or use of a motor vehicle has a right to these benefits (Minn. Stat. § 65B.46, subd. 1).
Which policy pays
If you have your own auto policy, or you are insured through a household member’s policy, that policy usually pays your PIP benefits first (Minn. Stat. § 65B.47, subd. 4). If no auto policy covers you, the policy on a vehicle involved in the crash pays (Minn. Stat. § 65B.47, subd. 4).
What PIP pays
Minnesota requires at least $40,000 in PIP per person: $20,000 for medical expenses and $20,000 for income loss, replacement services and related economic losses (Minn. Stat. § 65B.44, subd. 1). Medical benefits cover reasonable expenses for necessary medical, surgical, x-ray, dental, chiropractic and rehabilitative services, along with prescriptions, ambulance rides and travel to treatment (Minn. Stat. § 65B.44, subd. 2).
Income loss benefits pay 85 percent of your lost gross income, up to $500 per week, and time missed from work to get medical treatment counts (Minn. Stat. § 65B.44, subd. 3). If your injuries keep you from household tasks, replacement services benefits pay up to $200 per week, though losses on the day of the injury and the 7 days after it are not covered (Minn. Stat. § 65B.44, subd. 5).
When You Can Claim Against the Driver
PIP pays economic losses up to its limits, but it does not pay for pain and suffering. In Minnesota you can claim pain and suffering from the at-fault driver only if your reasonable medical expenses (not counting diagnostic x-rays and certain rehabilitation) are more than $4,000, or the crash caused a permanent injury, permanent disfigurement, death or at least 60 days of disability (Minn. Stat. § 65B.51, subd. 3). Disability here means being unable to do substantially all of your usual daily activities.
You can also claim economic losses that PIP did not pay, such as lost income above the weekly limit (Minn. Stat. § 65B.51, subd. 2). Minnesota drivers must carry at least $30,000 per person and $60,000 per accident in bodily injury liability coverage (Minn. Stat. § 65B.49, subd. 3).
When the driver has no insurance or not enough, your own uninsured or underinsured motorist coverage may help. Minnesota policies must include each of these coverages with limits of at least $25,000 per person and $50,000 per accident (Minn. Stat. § 65B.49, subd. 3a). If you were not in a vehicle when you were hit, you can select the limit for any one vehicle on a policy under which you are insured (Minn. Stat. § 65B.49, subd. 3a(5)).
Crosswalk Rules and Shared Fault
Where traffic signals are not in place or not working, a driver must stop and yield to a pedestrian crossing within a marked crosswalk or at an intersection with no marked crosswalk, and stay stopped until the pedestrian has passed the driver’s lane (Minn. Stat. § 169.21, subd. 2(a)). When one vehicle has stopped for a pedestrian at a crosswalk, a driver approaching from behind must not pass it (Minn. Stat. § 169.21, subd. 2(b)).
Pedestrians have duties too: a pedestrian must not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is too close for the driver to yield (Minn. Stat. § 169.21, subd. 2(a)).
Being partly at fault does not automatically end a Minnesota claim. Under Minnesota’s comparative fault rule, you can recover if your share of fault is not greater than the share of the person you are making a claim against, and your award is reduced by your percentage of fault (Minn. Stat. § 604.01, subd. 1). That means you can still recover at an even 50/50 split. If fault is disputed, save witness statements, video and photos of the scene.
Deadlines for Minneapolis Pedestrian Claims
For most injury claims based on negligence, Minnesota allows 6 years to file a lawsuit (Minn. Stat. § 541.05, subd. 1(5)). That does not mean you should wait, because the deadline depends on the type of claim and some deadlines are much shorter.
If a city bus, county vehicle or other public property was involved, Minnesota generally requires notice to the city, county or other local government body within 180 days after the injury is discovered (Minn. Stat. § 466.05). Claims against the State of Minnesota require notice to the Attorney General within 180 days (Minn. Stat. § 3.736, subd. 5). For claims arising on or after July 1, 2009, damages against cities, counties and the state are capped at $500,000 per claimant and $1,500,000 for all claims from a single occurrence (Minn. Stat. § 466.04; Minn. Stat. § 3.736, subd. 4).
Report the crash to your own auto insurer right away, since a policy can require notice of a no-fault claim within a period of at least 6 months after the accident (Minn. Stat. § 65B.55, subd. 1). If a pedestrian is killed, the wrongful death claim is brought by a trustee appointed by the court, generally within 3 years after the death and no more than 6 years after the crash (Minn. Stat. § 573.02).
How Pedestrian Accidents Happen
Drivers who fail to yield
NHTSA lists a driver failing to yield to a pedestrian already in the crosswalk among the common crash types between pedestrians and cars.
Turning vehicles
NHTSA lists turning vehicles as a common crash type: a vehicle turns right or left, or merges, into the path of a pedestrian without yielding.
Distraction and speed
NHTSA names speeding, impairment and distraction among the driver behaviors that contribute to pedestrian crashes, and the risk of death or serious injury rises as impact speed increases.
Parking lots and driveways
NHTSA lists backing crashes as a common type, where a driver fails to look for or see traffic when backing from a driveway, private road or parking lot.
Darkness and bad weather
NHTSA warns drivers that pedestrians can be harder to see at night or in bad weather.
Pedestrian Injuries and Compensation
NHTSA notes that pedestrians are particularly vulnerable to severe injury and death in crashes. The Minnesota Department of Health lists Hennepin Healthcare in Minneapolis as a Level 1 trauma center.
The losses we document in a pedestrian claim often include:
- Emergency care, surgery and hospital stays
- Physical therapy and rehabilitation
- Lost income and reduced ability to work
- Help at home while you recover
- Pain, limits on daily life and effects on your family
If a head injury is part of your case, our Minneapolis brain injury page explains the long-term effects to document.
What to Do After a Pedestrian Accident in Minneapolis
- Call 911 and get medical care right away
- Get the driver’s name, insurance and plate number
- Ask for the police report number
- Photograph the scene, the crosswalk, signals and vehicle damage
- Collect names and phone numbers from witnesses
- Note any nearby businesses or buses that may have cameras
- Report the crash to your own auto insurer
- Keep every medical bill, receipt and pay stub
- Hold off on recorded statements to the driver’s insurer until you get advice
How 844-SEE-MIKE Helps After a Minneapolis Pedestrian Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Preguntas frecuentes
How quickly does the insurer have to pay my no-fault benefits?
No-fault benefits are overdue if they are not paid within 30 days after the insurer receives reasonable proof of the fact and amount of the loss, and overdue payments carry simple interest of 15 percent per year (Minn. Stat. § 65B.54).
Can the insurance company make me see its own doctor?
Yes. If the no-fault insurer asks, you must attend a reasonably required physical examination by a doctor it selects, and the insurer pays the full cost (Minn. Stat. § 65B.56, subd. 1).
What happens if the insurer denies my no-fault claim?
No-fault disputes of $10,000 or less must go to binding arbitration rather than a regular trial (Minn. Stat. § 65B.525, subd. 1).
What if my child was hit by a car?
Minnesota pauses many filing deadlines while an injured person is under 18, but the pause has limits (Minn. Stat. § 541.15). Talk with a lawyer about your child’s specific deadline, and keep school absence records and medical bills from the start.
What does a pedestrian accident lawyer cost?
The consultation with 844-SEE-MIKE is free, and we work on a contingency fee. You pay no attorney fee unless we recover money for you.
If you were riding a bike when you were hit, see our Minneapolis bicycle accident page. For crashes between vehicles, see our Minneapolis car accident page.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
