Pedestrian Accident Claims in Minnesota

Where traffic signals are not in place or working, a driver must stop for a pedestrian crossing in a marked crosswalk or at an intersection without a marked crosswalk, and stay stopped until the pedestrian has passed the driver's lane; drivers may not pass a vehicle stopped for a crossing pedestrian. Violations are a misdemeanor (a gross misdemeanor for a repeat within one year). A pedestrian crossing anywhere else must yield to vehicles, may cross between adjacent signalized intersections only in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield; drivers must always use due care to avoid pedestrians.

Modified comparative fault (51% bar). The injured person's own fault does not bar recovery if it was not greater than the fault of the person being sued, but damages are reduced in proportion to the injured person's share of fault. The doctrine of last clear chance is abolished.

Minnesota is a no-fault state. Required residual liability coverage is at least $30,000 per person and $60,000 per accident for bodily injury and $10,000 for property damage. Basic economic loss (PIP) benefits must be at least $40,000 per person: $20,000 for medical expenses and $20,000 for income loss, replacement services, funeral and survivor's loss. A person may recover noneconomic damages in an auto case only if medical expenses exceed $4,000 or the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more.

Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims.