You never expect to be hit by a vehicle when you’re out for a walk, crossing the street, or standing on a sidewalk. Unfortunately, pedestrian accidents happen all the time.
But what are the most common pedestrian injury claims?
We will look at what you need to know to file a claim and protect your future.
The Most Common Pedestrian Accidents
Accidents can occur even when you follow the rules of the road. Many times, this is due to a driver’s carelessness or negligence. Some of the most common causes of pedestrian injury claims in Montana include:
- Drivers failing to yield at crosswalks or intersections.
- Distracted driving, such as texting or looking away from the road.
- Speeding in residential neighborhoods or near schools.
- Driving under the influence of drugs or alcohol.
- Hit-and-run accidents
However, accidents involving vehicles are not the only type of pedestrian accidents. Sometimes, you could be walking and slip, trip, and fall on someone’s property due to their failure to keep the property reasonably safe. You may have the basis for a premises liability claim in these situations. All property owners have the responsibility to keep their spaces safe. When they fail to do that, they can be liable for damages
Unfortunately, any of these incidents can leave pedestrians with serious injuries, including:
- Broken bones
- Head trauma
- Spinal cord injuries
- Emotional trauma
If this has happened to you, you have the right to take legal action against the liable party.
What Are Your Rights as a Pedestrian?
Montana law mandates that drivers have a duty to watch for pedestrians. They have to take reasonable steps to avoid hitting them. If a driver fails to do this, they can be held responsible for the harm they cause.
Even if you are unsure whether anyone was at fault, you may want to speak with a lawyer. Under Montana’s comparative fault system, you may recover compensation as long as you were less than 50% responsible for the accident.
How to File a Pedestrian Injury Claim in Montana
If you have been involved in an accident, you might not know what to do or what steps to take next. Here’s what to do to protect your health and your legal rights:
Get Medical Attention Immediately
Some injuries, like concussions or internal bleeding, may not show symptoms immediately. These types of injuries are common in pedestrian accidents. Plus, going to the doctor gives you a paper trail to take legal action.
Report the Accident and Collect Evidence
Along with that, you want to call the police and make sure an accident report is filed. Also, you may want to take photos of the accident scene, your injuries, and the driver’s vehicle. Get contact information for any witnesses. All this documentation can help later with the claim.
Notify the Insurance Companies
Once you have the driver’s information, their insurance should be notified of the accident. However, you want to be careful. Make sure to avoid giving detailed statements or accepting an early settlement before speaking with a lawyer.
Contact a Montana Pedestrian Accident Lawyer
Filing a claim and dealing with insurance companies can be stressful, especially when trying to return to normal. You should contact an experienced lawyer who can give you solid legal advice to move forward.
What Can You Recover in a Pedestrian Accident Claim?
A successful claim can help you recover compensation for:
- Medical bills for past and future care
- Lost wages if you’re unable to work
- Pain and suffering
- Emotional distress
- Property damage to your personal belongings, such as a mobile phone.
If a loved one has been killed, you may be eligible to file a wrongful death claim for monetary damages.
We’re Here to Assist with Your Montana Pedestrian Accident Claim
There are many types of pedestrian accidents in Montana. If you have been injured, you need to know how to file one. At AFJ Law Firm PLLC, we can help with this process.
At AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law., we are here to help you through the entire claims process, including proving fault in these accidents. Click here to visit our Montana Personal Injury Frequently Asked Questions page. Click here to visit our Commercial Trucking and Semi-Truck Accident practice area page. Contact us if you still have questions about your Montana trucking accident case.