Legal Question in Traffic Law in Minnesota

intoxicated pedestrian

Recently I was involved in a traffic accident where I hit an intoxicated pedestrian. It was midnight and rainy, I didn't see her and niether did any other cars at the cross street. She was dressed in all black and standing with her back to traffic in the middle of an intersection (I had a green light). She had minor injuries; a broken arm and a concusion, I had to have my mindshield replaced and get my car buffed, niether was covered by miy insurance. Her BAC was somewhere around three times the legal limit. I blew a 0.0 on the breathalizer. The cops told me that I was not at fault and that they weren't going to cite her for being drunk.

I wan't to know if she could come back and sue me, and if she can should I have her cited for public intoxication, would that help my case? I'm just at a complete loss for how to handle the situation.


Asked on 5/02/06, 11:53 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: intoxicated pedestrian

I'm taking a guess that this took place in Minneapolis. When it comes down to it, there may not be much you can do. I have a suggestion, however.

If the police told you it was not your fault, it would be wonderful to have that in writing. An incident like this should be written up in a report, but in Minneapolis a lot of times they don't. So my suggestion is that you should make a point of getting a copy of the police report of the incident, and if there is not one you should contact the officer involved and try to get him to write up something. Express your concerns to that officer and do your best to get him or her to write it up.

Other than that, it sounds to me as if it should be OK. I can't imagine a lawyer taking a case and trying to represent that person.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 5/02/06, 12:50 pm


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