Pedestrian versus car accidents are some of the most serious. Being hit by a vehicle can leave you with significant injuries, costly medical bills, and emotional distress. Suppose you were injured while walking in Montana. In that case, you may have the legal right to pursue compensation from the at-fault party—understanding your pedestrian injury legal rights is key to taking the proper steps forward.
Montana law protects pedestrians, especially when drivers fail to yield, speed through crosswalks, or distracted driving. Unfortunately, after a devastating accident, it can be challenging to know where to begin to protect yourself. Understanding your rights as a pedestrian is the first step toward protecting your health, finances, and future.
Pedestrian Right-of-Way Laws in Montana
Montana law stipulates that pedestrians are subject to many of the same traffic regulations as bicycles and motorized vehicles. The law also outlines the situations where Montana drivers must yield the right of way to those on foot.
Drivers must yield the right-of-way to pedestrians crossing within marked crosswalks in any location or unmarked crosswalks at intersections. This rule applies whether a traffic signal is present or not. Motorists must also yield to pedestrians when crossing a sidewalk.
Pedestrians also have responsibilities. The law says they must not suddenly leave the curb or run into the path of a vehicle that’s too close to stop safely. Additionally, pedestrians must yield to vehicles when crossing the road outside a crosswalk or at places without intersections. When at signaled intersections, pedestrians must also obey walk and don’t-walk signals. If there are none, they must cross when it’s safe and reasonable. Drivers are responsible for using caution when approaching an intersection or turning—especially when making left turns—as failing can lead to accidents and potential liability under negligence law.
Violating right-of-way traffic laws as drivers or pedestrians can significantly affect fault and liability in a personal injury claim. Understanding these rules helps protect your pedestrian injury legal rights and build a strong pedestrian accident case.
Legal Rights of Injured Pedestrians
Pedestrians injured in traffic accidents caused by careless drivers have rights under Montana law. If a driver’s negligence caused the crash, like failing to yield or driving while distracted, the injured pedestrian has the right to pursue compensation. Often, a pedestrian can file a claim with the at-fault driver’s insurance company seeking money to cover their accident-related losses. Whether the incident happened in a marked or unmarked crosswalk, if the driver is uninsured, the pedestrian may file a claim with their own car insurance company if they have uninsured motorist coverage.
Pedestrians also have the legal right to file a personal injury lawsuit for their injuries. The value of a personal injury lawsuit varies. Pedestrian accidents are complicated and may involve significant medical expenses and lost wages. In most cases, an injured pedestrian can pursue compensation for the following:
- Medical expenses
- Lost income
- Loss of earning capacity
- Property damage
- Disability or disfigurement
- Loss of enjoyment of life
- Pain and suffering
Asserting your rights when you are physically and financially vulnerable isn’t easy. Discuss your situation with an experienced pedestrian accident personal injury lawyer. An attorney can act quickly to secure evidence and negotiate with an insurer, freeing you to focus on recovering from your injuries.
Montana’s Comparative Fault Rule
One particular law in Montana impacts a pedestrian accident victim’s compensation in civil cases. This law can also influence how an insurance adjuster may calculate the value of your claim. This law is called the modified comparative negligence rule.
Under modified comparative negligence in Montana, a victim’s compensation will be diminished by the same percentage as their level of fault for causing the accident. When a person’s responsibility for causing the accident is more than 50 percent, they cannot recover compensation.
While comparative negligence binds Montana court decisions, insurers also use the rule to guide settlement offers. Often, an insurer reviews a claim and considers how a court would rule. They can use this information to arrive at a settlement amount. However, assigning liability to each party following an accident can be subjective. An attorney can help you build a compelling claim or case that supports the maximum compensation you deserve.
Get Advice from a Skilled Montana Pedestrian Accident Attorney Today
A pedestrian accident can change your life. In addition to life-altering physical injuries, you may be unable to return to work and suffer catastrophic financial uncertainty. A Montana pedestrian accident attorney in Kalispell with Travis & Brann, PLLP can help you exercise your legal rights. Our team will guide you through your situation from start to finish and find legal solutions to help you rebuild your life.
Contact our office today and request a free initial consultation. We can answer your questions and outline your path toward fair compensation.