Fargo Pedestrian Accident Attorneys
You were doing everything right. Walking to class, heading to a bus stop, crossing on a green light in the crosswalk when a driver who wasn’t paying attention changed everything. Pedestrian accidents happen without warning, and the injuries that result are often catastrophic.
When a vehicle strikes a person on foot, the physical and financial consequences can be severe and permanent. At the Vogel Law Firm, our pedestrian accident lawyers represent individuals and families who have been struck by motor vehicles while walking or jogging. We offer free consultations from our offices in Fargo and Moorhead.
Why Choose Vogel Law Firm for Your Pedestrian Accident Case
Handling pedestrian cases in this region presents unique legal challenges because we straddle North Dakota and Minnesota, which follow slightly different rules of law. Knowing how these various laws interact is important to successfully recover money damages to compensate you for your losses. Our team has represented injured clients across North Dakota and Minnesota for decades and has represented injured parties in trial and appellate courts throughout both states. This is our community, and we approach every case with the kind of thoroughness only regional knowledge makes possible.
There are no upfront costs to work with us, and the initial consultation is free. If we take your case, we work on a contingency basis, meaning no fees unless we recover compensation on your behalf.
What Compensation May Be Available in a Pedestrian Accident Claim
Pedestrian accident claims typically involve compensation for economic and non-economic losses:
Economic damages are your general financial losses for such things as past and future medical expenses, past wages lost, and future loss of earning capacity.
Non-economic damages are your losses that are not economic damages. These are sometimes known as “general damages” and consist of losses for pain and suffering, diminished quality of life, and emotional harm, among other things.
Because pedestrian injuries often involve fractures, traumatic brain injuries, and spinal trauma, the long-term costs of a pedestrian collision may be significant. In order to protect yourself or a family member against these future losses, you should contact the Vogel Law Firm for a free consultation to learn your rights.
No Fault Benefits Available for Pedestrian Accidents
When a pedestrian is hit by a motor vehicle an insurance policy covering your personal motor vehicle or the policy covering the vehicle that struck you will likely be primarily responsible for payment of your initial medical expenses and a portion of your lost wages, among other things. The interaction of these policies with other insurance coverages is unique to our region and often confusing. We can help guide you to where you need to go in order to see that your collision-related medical expenses and other losses are properly paid for by the insurance company responsible.
Pedestrian Accidents: Local Dangers and Legal Context
Winter Conditions and Pedestrian Vulnerability in the Fargo-Moorhead Area
Winter makes pedestrian travel significantly more hazardous in this region. Snow banks that accumulate after plowing can push pedestrians closer to the travel lane when walking, jogging, or waiting to cross at an intersection. Impatient drivers contending with icy windshields, reduced stopping distance, and whiteout conditions may be less likely to see a pedestrian until it’s too late. During our winters, darkness arrives early, and a substantial portion of pedestrian fatalities nationally occur during low-light conditions.
Comparative Negligence in Pedestrian Claims
In North Dakota and Minnesota, the courts use a modified comparative negligence system that allows recovery equal to the fault of others involved in a crash. For example, if the other operator was 80% at fault, then an injured party or decedent’s family would receive 80% of the damages owed. This standard makes early investigation important. Insurance adjusters often attempt to assign fault to the pedestrian and will argue factors like crossing outside a marked crosswalk or wearing dark clothing at night contributed to the cause of the collision. At the Vogel Law Firm, we will build your case on evidence and witness accounts to establish the driver’s responsibility accurately.
Statute of Limitations
In North Dakota and Minnesota, the general time to make a claim for a personal injury is six years from the date of the accident. There are exceptions to this rule, however, and if a vehicle is owned or operated by an employee of the state, county, city, or other governmental agency, that time is much shorter. The laws are always subject to change, and the time allowed to make a claim may have changed between when we made this post and when it was read. To preserve your potential claim, it is very important to contact one of the Vogel Law Firm’s pedestrian collision attorneys as soon as possible to learn your rights and preserve your ability to make a claim.
Common Causes of Pedestrian Accidents
Distracted and Inattentive Driving
Distracted driving is a consistent cause of most accidents, including those involving pedestrians. A driver checking a phone, adjusting a navigation system, or simply not watching the road can all lead to driver inattention, and collisions with pedestrians may result. This inattention creates predictable danger.
Failure to Yield at Crosswalks
Vehicles are required to yield to pedestrians who are properly in a crosswalk or to pedestrians present prior to making a right turn on a red light. Despite this obligation, failure to yield is a leading cause of pedestrian accidents and includes drivers who slow but do not stop at an intersection, who make right turns on red without checking for crossing pedestrians, and who proceed through intersections without accounting for pedestrians already present.
FAQ for Vogel’s Pedestrian Accident Lawyer
What if the driver claims I wasn’t in a crosswalk when I was hit?
Hitting a pedestrian who was not in a crosswalk is no excuse for a driver who failed to see something in plain sight. A driver’s failure to see a pedestrian prior to running into them is no defense. It is the duty of every driver to maintain a lookout for those on the roadway, and the failure to observe others on the roadway is itself evidence of negligence.
Witness accounts, dashcam footage, and the physical evidence of impact can all establish the pedestrian’s visibility and location on the roadway when struck. It is important that the Vogel Law Firm’s pedestrian accident attorneys be involved in these cases as soon as possible in order to preserve this important evidence.
The driver left the scene. Can I still pursue a claim?
Yes. The accident is investigated in much the same way as if the at-fault driver remained at the scene, and the fleeing vehicle owner may be later identified. If not, your uninsured motorist coverage through a policy insuring you as a named insured or member of a household may become the primary source of coverage to compensate you for your losses. The Vogel Law Firm’s pedestrian accident attorneys have faced this scenario in numerous cases and can answer all your questions during a free consultation.
Can I file a claim if the accident happened on private property, like a parking lot?
Yes. Private property accidents present additional complexity, but a driver’s negligence on private property can still form the basis of a claim. Whether the property owner bears any additional responsibility depends on the circumstances of the crash and should also be investigated. In some cases, inadequate lighting or unmarked pedestrian pathways may contribute to the accident.
Take the Next Step: Talk With a Fargo Pedestrian Accident Attorney
Recovery from a serious pedestrian accident takes time, and the legal process works best when we are investigating “how” the accident happened while you are healing from your injuries. Evidence is more readily available shortly after a collision occurs, not months or years later. Our attorneys have decades of experience successfully handling pedestrian cases and are available for a free consultation.
If you were injured because of a negligent driver, our pedestrian accident lawyers can help you pursue the compensation you deserve. Our team is ready to review your case, explain your options, and handle the legal process while you focus on recovery. Call today to schedule your free consultation.
