Ellie Armstrong Injured in Fergus Falls Pedestrian Accident
Safety analysts point to infrastructure and speed dynamics in rural road collision
A 13-year-old girl was injured Tuesday when a car hit her on Otter Tail County Highway 1 in Fergus Falls, police said. Ellie Armstrong, of rural Fergus Falls, was taken to a hospital with injuries that were not life-threatening.
Armstrong was retrieving mail when a car struck her in the 17000 block of Otter Tail County Highway 1, according to the Otter Tail County Sheriff's Office. Rescuers took her to Lake Region Hospital in Fergus Falls.
The sheriff's office said a 47-year-old Richfield woman was driving south on the highway when her car hit Armstrong. The driver told police Armstrong was walking in the road.
The crash remains under investigation, police said.
The Otter Tail County Sheriff's Office is conducting the primary investigation into the collision. After the collision, the vehicle involved was towed to an impound lot for further inspection. The Sheriff's Office confirmed that the driver remained at the scene and cooperated with the initial reporting. The Sheriff's Office indicated that alcohol, drugs, and distracted driving are not suspected to be contributing factors. The road remained open during the emergency response, and no charges have been announced as of the latest update.
National Legal Analyst Candice Bond, Managing Partner at Bond Legal, noted that "I've seen families blindsided by how a simple walk to the park can end in such a terrible tragedy. If a car hits someone at forty miles per hour, there's an eighty-five percent chance they won't survive the impact."
Minnesota's comparative fault system
Minnesota operates under a modified comparative fault system, which allows an injured party to recover damages even if they are partially at fault for an accident. Under Minnesota Statutes section 604.01, a plaintiff's recovery is reduced by their percentage of fault. However, if the injured party is found to be 51% or more at fault, they are barred from recovering any damages. This framework means that the actions of both the pedestrian and the driver would be examined to determine liability and the extent of any potential compensation.
Personal injury claims under Minnesota law
Individuals injured in pedestrian accidents in Minnesota may pursue compensation for various damages, including medical expenses, lost wages, and pain and suffering. These claims can be initiated through the state's No-Fault insurance system, which typically covers initial medical costs regardless of fault, and potentially through third-party liability claims against a negligent driver. Bond noted that pedestrian accidents often result in serious injuries requiring extensive recovery, emphasizing the importance of thorough medical documentation.
Statute of limitations in Minnesota
In Minnesota, a personal injury lawsuit generally must be filed within six years from the date of the accident, as outlined in Minnesota Statutes section 541.05. This statute of limitations provides a specific window for injured parties to pursue legal action. However, certain circumstances, such as injuries to minors, can affect this timeline. The no-fault aspect of Minnesota law means that an injured person's own insurance policy typically covers initial medical expenses, regardless of who caused the collision.