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Pedestrian Accidents

We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

Minneapolis Pedestrian Accident Lawyer

The busy streets of Minneapolis have a combination of people driving on the road and people walking on the sidewalks. Pedestrians can be put at risk when drivers aren’t being attentive to what’s in front of them. In the event of a collision, the person walking will likely get severely hurt. If this has happened to you, a Minneapolis pedestrian accident lawyer from Madia Law LLC will use their years of experience in personal injury law to protect your rights.

Pedestrian Accidents in Minnesota

Our lawyers help clients who have been injured in pedestrian collisions. Unfortunately, negligence has caused debilitating accidents and injuries in Minnesota. In 2019, there were 50 pedestrian fatalities in the state. There were also 142 serious injuries, 498 minor injuries, and 344 possible injuries. The total pedestrian crashes reached 1,008.

There are also identified intersections in Minneapolis where more pedestrian injuries occur. Three intersections stood out:

  • Vineland Place & Lyndale Avenue
  • 27th Street & Cedar Avenue
  • 3rd Street N & 2nd Avenue South

About half of the accidents that happened at these intersections were major. The following intersections had the most crashes over a decade:

  • Lake St. W & Lyndale Avenue S had 24 crashes.
  • West Broadway Avenue N & Lyndale Avenue N had 23 crashes.
  • Franklin Avenue W & Nicollet Avenue South had 21 crashes.

While these areas may have more crashes than others, there is still a risk of a collision any time a driver is negligent. Let’s take a look into the contributing factors of pedestrian accidents.

What Causes Pedestrian vs. Car Collisions?

When you’re seeking compensation for your injuries, we’ll examine what caused the collision, which can also give us insight to the identity of the negligent party. Some of the factors that can contribute to the crash include:

  • Issues with the Vehicle. If a driver has issue with their brakes, lights, or steering, they could lose control of their vehicle or pedestrians may not be able to see them. A driver with an unsafe vehicle may not have known there was an issue and the defective auto part malfunctioned while they were driving. In this case, it’s possible the manufacturing company could be responsible for your injuries.
  • Problems with the Road. A dangerous environment would contribute to the accident, like hazardous road conditions. Slick roads and poor visibility are common examples. However, when there is a hazardous road condition, the driver needs to adjust like slowing down and putting on headlights. If they are continuing to drive without regard for the road conditions, this could be seen as a reckless decision.
  • Driver Negligence. Speeding, driving while intoxicated, and distracted driving can all result in pedestrian vs. car collisions. In a city, a driver may try to get to their destination in a hurry or try to race a yellow light, except they don’t see a pedestrian in time. If they’re focused on a GPS or other function of their phone, they may not see that they’re veering toward the sidewalk or if traffic has stopped and pedestrians are crossing.

The resulting injuries can be devastating for the pedestrian. They don’t have any protection from the car. The full impact will hit them and they’ll likely fall on the street or sidewalk, which can cause additional injuries.

Injuries to the head, neck, and face can occur. These include brain injuries, facial fractures, vertebrae injuries, and lacerations. The pedestrian may also have injuries to the spine, ribs, and limbs.

Medical attention, surgery, hospitalization, and a long recovery period will likely be in the injured pedestrian’s future. The amount of medical bills that will arise from this can be overwhelming, but a Minneapolis pedestrian accident lawyer will make sure that your claim covers the costs of your injuries.

Your Lawyer Will Fight for Your Rights

When our attorneys fight for you, we take the full extent of your injuries and losses into account when determining the total amount of your compensation. To do this, we will launch a full investigation into the accident.

We’ll analyze evidence from the accident scene to see what caused the accident. Damage to the car, marks on the road, police reports, eyewitnesses, and possibly traffic cameras could provide us with the information we need. We’ll also get information from your medical records. This will show how severe your injuries are and what it’s going to cost for you to get the care you need.

When you’re pursuing a claim, you may find that the other party is trying to place some of the blame on you. They could say that you weren’t paying attention or had done something that could have contributed to your injuries. This is why it’s essential to have an experienced pedestrian accident lawyer representing you. We won’t settle for less than you deserve.

We know that going through the legal process when you’ve been in a serious accident can seem like a major responsibility to add to your life when you’re already dealing with so much. However, we’re going to do all we can for you to receive full and fair compensation that will provide you with the financial security you need to move forward.

When our law firm is on your side, you can rely on us to deal with the legal burdens. We’ll build a strong case, protect your rights, and make sure that your claim is filed on time and given to the proper channels. While we’re fighting for your compensation, you can take the time to heal without worrying about what comes next.

Reach Out to a Lawyer Today

If you or a loved one has been severely injured in a pedestrian collision, Madia Law is here for you. Get in touch with us today. 

THE MADIA LAW WAY

We have a process that works in getting exceptional results for our clients. 

We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely.  We interview witnesses that can help us prove the case.  We’ll ask you for all relevant documents in your possession and review those carefully as well.  We also will spend some time conducting legal research about unique issues in the case.  We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial. 

Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward.  Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.

If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit.  Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required.  We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points.  Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims.  A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations.  Of course, by that time, the price for settlement has gone up.

Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions.  Not us.  Written discovery is a gift and an opportunity.  We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case.  Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections.  We view this as a wonderful opportunity.  In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on.  We also use Requests for Admission – which many lawyers don’t.  The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts.  We send them RFAs that are very difficult for them to deny.  Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true.  And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA.  That’s a great situation that leads to more chaos and confusion on the defense side.

One last point on written discovery – we send multiple waves of it throughout discovery.  We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery.  This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses.  This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.

This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible.  So the witness has to either lie to support the defense, or admit it’s not true.  That’s a dilemma that works for our clients either way, no matter which option the witness takes.  We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is.  We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.

The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases.  We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery.  We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.

Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.

After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.

This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries.  We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials.  At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct.  As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.

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