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Williston Pedestrian Accident Lawyers

If you have suffered a pedestrian accident in Williston, North Dakota, then come to The Advocates. We are a personal injury law firm ready to help people in Williston, Bismarck, Fargo, Grand Forks, and every other part of North Dakota.

Meeting in attorney's lobby

A Pedestrian Accident Attorney Can Help Your Case  

People often see a huge decrease in their quality of life after a pedestrian accident. Serious injuries are but one of the problems. You will also have to deal with expensive medical care, insurance companies that stonewall you, and the heartbreak of a wrongful death claim if a loved one dies.  

Personal injury cases stemming from pedestrian accidents are not easy for victims, an unfortunate fact The Advocates know too well. Which is why our goal has always been to provide compassionate legal service for our fellow North Dakotans.   

Our practice areas expand to every aspect of personal injury, and our years of experience go back decades. Every injury victim who walks through our door is a human being we want to help.   

That help will come through one of our accident lawyers, who will provide legal representation with no out-of-pocket costs on your end. Working hand in hand, we can and will get you the compensation you deserve for your pedestrian accident. Contact us today for a free consultation.

The Next Steps in Your North Dakota Pedestrian Accident Case

Injury

Immediately after your accident, check for injuries and seek medical attention

Hire Attorney

Contact a personal injury lawyer with The Advocates to start your recovery

Treatment

Seek medical treatment for your injuries

Medical Records

Keep track of all treatment you receive during recovery

Finish Treatment

When you have completed treatment, your Advocate will compile your medical records

Demand

Your attorney will send a demand letter to the other party

Frequently Asked Questions

You will pay nothing out-of-pocket when you hire an Advocate. 

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees. 

Our attorneys work on a contingency basis, which means that our attorney fees are calculated as a percentage of your settlement. We do not get paid unless we win your case, and you receive a settlement. 

For more information on how settlements and payment work, please see our contingency fee information page. 

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. 

Your attorney will build your case, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own. 

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability. 

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. 

In general, personal injury cases can take anywhere from several months to a few years. It is important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action. 

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. 

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator. 

A Team of Pedestrian Accident Professionals Assigned to Your Case 

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive fair compensation and care they deserve after their accidents, and we are prepared to do the same for you.  

  • We can help you with: 
  • Understand the claims process 
  • Investigate your accident 
  • Work together with you towards a full resolution of your injuries 
  • Negotiate with insurance adjusters 
  • Obtain a settlement or judgment against the at fault party 

Talking to a Professional

Talk to a professional

Navigating North Dakota Pedestrian Law

people on a pedestrian crossing and a car braking quickly

Crossing at non-intersections 

According to the National Safety Council, 76.03% of pedestrian accidents do not occur at intersections. As a North Dakotan, it is essential to know the laws your state has for such crossings:  

  • Pedestrians must yield to all vehicles when crossing at any point other than a marked crosswalk or an unmarked crosswalk at an intersection.  
  • Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.  
  • Between adjacent intersections at which traffic-control devices are in operation, pedestrians may not cross at any place except in a marked crosswalk.  
  • No pedestrian may cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. 

Pedestrians walking on roadways 

Given that North Dakota is rural, there may be times when you must walk along a roadway. Here are the things you should know:  

  • Where a sidewalk is provided, and its use is practicable, it is unlawful for any pedestrian to walk along and upon an adjacent roadway.   
  • Where a sidewalk is unavailable, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.   
  • Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.   
  • Except as otherwise provided for in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway.  
  • A pedestrian who is under the influence of alcohol or any drug to a degree that renders the pedestrian a hazard may not walk or be upon a roadway. 
Early morning fresh snow fall on rural road in northwest Montana
Close-up Of Woman Typing Text Message

Common causes of pedestrian accidents  

A pedestrian is involved in an accident every six and a half days in North Dakota. Do not be, nor cause, one of these accidents. When driving, you have a responsibility to focus on nothing but the road.   

Here are the most common causes of pedestrian accidents:  

  • Distracted driving: Nowadays, many things can distract you, from cellphones to wildlife. When driving or walking, focus on the task at hand, which is getting safely from point A to point B.   
  • Speeding: Speeding is the most common violation in North Dakota—the speed limit on Main Street is 30 MPH. If you are speeding and hit a pedestrian, you will likely be assigned most of the blame for the accident.  
  • Impaired driving: Drinking and driving is involved in about 38% of fatal crashes in North Dakota. Every 10 days or so, there is one alcohol-related vehicle fatality. These accidents are 100% preventable: Never drink and drive.   
  • Poor visibility: Bad winter weather, impending night, low light conditions, and sun glare can prevent motorists from seeing pedestrians, even in obvious crossing places such as crosswalks. 

Common pedestrian accident injuries   

Pedestrian accident victims often have much more serious injuries than those in other personal injury cases. Pedestrians are more vulnerable due to a lack of protection, such as airbags or seat belts. These are the most common injuries pedestrians face, from least to most serious:   

  • Abrasions and scrapes   
  • Sprains and strains   
  • Broken bones   
  • Pelvic injuries   
  • Organ damage   
  • Psychological injuries   
  • Spinal cord injuries   
  • Traumatic brain injuries   
  • Paralysis   
  • Wrongful death of a loved one 
Common injuries from pedestrian accidents

Understanding Personal Injury Law

Statute of limitations for personal injury claim  

In North Dakota, the statute of limitations for personal injuries is six years. You must file a claim within this time limit, after which you will probably lose the right to do so.  

Responsibility for the pedestrian accident must be established before any claim can begin. North Dakota uses modified comparative negligence for personal injury and property damage lawsuits.   

Fault is assigned as a percentage. You cannot file a claim if you are more than 51% responsible for the accident.   

You might be assigned 30% of the blame. If your fault is under 50%, you can still file a claim, but your final settlement will be reduced by the percentage of your fault—in this example, the compensation you receive from the accident will be 70% of the final settlement.  

What pedestrians should do after an accident   

  • Ensure you and any family members are out of danger.   
  • Call emergency services. Even if you do not think you are hurt, get medical attention.   
  • Exchange contact information with the driver involved and with any witnesses.   
  • Tell the police the facts of the accident and get a copy of the police report.   
  • Keep records of every single communication and bill related to the accident. Write detailed notes on every aspect of the scene.   
  • Notify your insurance provider, even if you are not at fault.    
  • Consult a pedestrian accident attorney.   
  • Do not make statements admitting fault to the driver or their insurance company. Everything you say and do will be used against you.
Policeman writing up report on incident when an injury occurred
senior man walking along city crosswalk

Motorists have a duty of care 

Motorists have a much higher duty of care to prevent accidents compared to pedestrians.   

The law states, “Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused, incapacitated, or intoxicated person.”  

Pedestrians are much more vulnerable than motorists. If you are driving, constantly be on the lookout for pedestrians crossing the street. You have a duty of care to take every reasonable action possible to prevent an accident, even if the pedestrian is doing something illegal.  

When Should I Hire a Pedestrian Injury Attorney?

The sooner you call The Advocates, the sooner one of our attorneys can do a free case evaluation with you. That first step is always the scariest, especially when dealing with medical bills and insurance companies.   

Our team promises that we can take the legal burden off your shoulders with just one phone call. We will work with your medical providers to put liens on your bills and negotiate a settlement that at least partially covers the damages you have experienced.

Motor vehicle accidents involving pedestrians are some of the worst. While our Williston personal injury lawyers cannot make your pain disappear, they can provide you with expert legal advice, timely communication, and the fighting spirit needed to get you compensation for your injuries.  

Everyone in North Dakota is welcome at The Advocates. You deserve it. You deserve an Advocate.   

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