Minnesota has stringent legislation governing traffic. Despite this, violation of traffic rules is increasingly becoming common, and the most vulnerable individuals are at risk of suffering severe injuries. To put this into context, bicycle and pedestrian accidents are increasingly becoming a menace in Minnesota. Statistics supporting this assert that over 5,000 pedestrians and 1,000 bicyclists are killed annually.
Important to note is the fact that most of these accidents have life-altering consequences in the sense that the victim may sustain a long-term injury that can lead to a permanent disability, and in the extreme, it can lead to death. If an accident results in the death of a loved one, and the other party was responsible for the accident, the victim’s family members can file a claim and recover compensation for their loss.
In simple terms, Minnesota’s wrongful death law guarantees compensation to the family members of a deceased who died in a wrongful death accident. To obtain compensation, they need to file a wrongful death claim, which is often a daunting task.
But what is a wrongful death claim? Who can file a wrongful death claim, and what causes bicycle and pedestrian accidents in Minnesota? Here are the answers to these questions.
What Causes Bicycle and Pedestrian Accidents in Minnesota?
Multiple factors may lead to an accident in Minnesota. First, it is imperative to understand that every road user has the right of way, including bicycles. However, most vehicles tend to ignore fundamental rules in relation to the right of way. As such, most road users, such as bicycles, end up being denied their right of way.
Violation of these rules often has profound implications. One such implication is obviously an accident. Quite frankly, most bicycle and pedestrian accidents in Minnesota arise due to the blatant disregard of traffic rules. This could include:
- Distractions while driving
- Ignoring traffic lights
- Drunk driving
Put briefly, all of the significant causes indicated above can be classified as negligent or careless driving.
The Legal Basis of a Wrongful Death Claim in Minnesota
Following a bicycle and pedestrian accident in Minnesota, most victims sustain severe injuries that can be devastating. Such victims have a right to file a claim for compensation under Minnesota’s personal injury lawyer.
However, if the victim dies following an accident, such a death can be classified as wrongful death. In such a case, the victim’s loved ones or family members have a right to file a wrongful death claim as envisioned under Minnesota Statute 573.02. Essentially, this right guarantees them compensation for their losses.
Noteworthy is the fact that legal representation is a critical element in a wrongful death claim in Minnesota. In simpler terms, you have a better chance of succeeding in your claim if you are well represented by an attorney.
How can a Wrongful Death Attorney help you?
Following a bicycle and pedestrian accident that leads to the death of a loved one, it is imperative to have an attorney by your side who can safeguard your interests and ensure you receive the compensation you deserve.
Putting it briefly, your attorney will help you:
Establish the Liable Party
Determining who is liable for wrongful death is a daunting task. In most cases, even though responsible, the defendant may try to impute liability on the other party. This can be done by demonstrating that the deceased was wholly or is partly to blame for the accident. This has the effect of lowering the amount of compensation payable.
However, a competent and qualified attorney can help determine the liable party by assessing all the elements of negligence. This is to the effect that the defendant will be held responsible for their actions, and the deceased’s family will be compensated fully.
Gather Relevant Evidence
You will be required to establish a valid claim in order to be compensated. This is made possible through substantial evidence that affirms your claim. Essentially, an attorney can help you gather all the evidence and documents you need to establish a valid claim.
Negotiate on your behalf
An attorney has negotiation skills which are very important when dealing with an insurance company. Put simply, your attorney will help you reach a settlement that, in fact, covers your losses.
Need help? Contact Patterson Dahlberg in Rochester and Twin Cities Area
If your loved one sustains a severe injury due to a pedestrian and bicycle accident in Minnesota, it is imperative to know what legal options you have. In the same vein, it is possible to file a wrongful death claim following the death of a loved one.
You can obtain all the compensation you deserve by hiring a competent and qualified attorney in Minnesota. Contact us today for a free case evaluation.