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AFJ Law Firm PLLC – Bozeman’s Trusted Pedestrian Accident Attorneys

Pedestrian Accident Attorney in Bozeman, Montana

pedestrian walking

Every walk, whether it’s a quick trip across a downtown Bozeman crosswalk or a scenic stroll along a Montana trail, should end safely at the destination. Unfortunately, this is not always the case. When a driver’s negligence disrupts this basic expectation, the consequences can be devastating. Pedestrians, who have only their own bodies to protect them from the impact of a multi-ton vehicle, are especially vulnerable.

At AFJ Law Firm PLLC, we firmly believe that your safety as a pedestrian is a fundamental right. If you or a loved one has been injured in a pedestrian accident, we see you not just as a case file, but as a person who deserves fierce advocacy and tireless fighting for their recovery, future, and peace of mind. We have been fighting for the rights of Montanans for over a decade and are committed to continuing this fight for you. We understand the importance of providing the best legal representation and support possible during this challenging time.

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The Unique Hazards Facing Pedestrians in Bozeman

Bozeman’s rapid growth, vibrant downtown area, and proximity to outdoor recreational areas have led to increased pedestrian traffic in areas that were not always designed with safety in mind. This has created a number of high-risk corridors, such as 19th Avenue, Jackrabbit Lane, and College Street, which present increased risks, especially during peak commuting times or during university events.

Common causes of pedestrian accidents in these areas include distracted driving, often due to mobile device use, failure to yield at crosswalks, speeding, driving while under the influence of alcohol or drugs, and disregard for traffic signals. In addition, inadequate infrastructure, such as poorly lit walkways, faded or illegible crosswalk markings, and obstructed visibility from overgrown vegetation, can also contribute to collisions.

Our firm conducts a thorough investigation into all potential factors, including whether any municipal negligence may have played a role in accidents, in order to ensure that all responsible parties are held accountable for their actions.

  • I have an insurance issue where my insurance company is denying my claim. AFJ Law Firm wasn’t able to take the case, but did share some thoughts about the law that might help me out. I really appreciate Anthony taking the time to consult with me and share his thoughts. He was able to provide me with some suggestions about what he would do to get me started in the right direction. Thanks, Anthony and AFJ Law Firm, for your time and help.

    Ryan

Our Victories

The Devastating Impact: Common Pedestrian Accident Injuries

The force of a vehicle-pedestrian collision can cause serious and life-altering injuries. Due to the lack of any protective barriers, the human body bears the full impact of the collision. Common serious injuries include:

  • Traumatic Brain Injuries (TBI): Even without a direct blow to the head, violent whipping motions can cause the brain to collide with the inside of the skull, leading to long-term cognitive issues.
  • Spinal Cord Injuries and Paralysis: Damage to the spinal cord can result in partial or complete paralysis, requiring lifelong care and support.
  • Multiple Fractures: Legs, hips, arms, and pelvises are especially prone to complex and compound fractures.
    Internal Organ Damage: The blunt force trauma can lead to life-threatening internal bleeding and organ damage.
  • Lacerations and Scarring: The body may be torn and scarred due to the impact with the vehicle or the ground.

Knowing the Rules: Montana Pedestrian Laws and Your Rights

Understanding Montana law is essential to building a strong case. The Montana Code Annotated, § 61-8-502 clearly states that the driver of a vehicle must give way to pedestrians who are crossing the road at a crosswalk. This means that if you are in a marked or unmarked crosswalk, you have the right to proceed legally.

However, the law also requires pedestrians to exercise due care. It is not permissible for you to suddenly leave the curb and walk into the path of a vehicle, especially if it is so close that it constitutes an immediate danger. Even if there is some question about your actions, Montana follows a “modified comparative negligence” rule. This means that if you are found to be less than 50% responsible for the accident, you may still be able to recover compensation, although it will be reduced based on your percentage of fault. 

Do not allow an insurance adjuster to persuade you that you have no legal basis for a claim simply because you were not in a crosswalk. Each case is unique, and we are familiar with the specific circumstances that need to be investigated and argued.

Protecting Your Future: Critical Steps to Take After a Pedestrian Accident

The moments and days immediately after an accident are crucial. Your actions during this time can greatly affect your health and legal claims.

  1. Seek Immediate Medical Attention: Your health is the top priority. Even if you think you’re fine, adrenaline can hide serious injuries. Having a medical record will create a vital link between the accident and your injuries.
  2. Call the Police: An official police report is essential evidence. Ensure that the officer documents the scene and takes statements from witnesses.
  3. Collect Evidence, If Possible: If you can, take photos of the scene, your injuries, the car involved, and any skid marks or debris. Also, get the driver’s name, insurance information, and contact details. Collect the names and phone numbers of any witnesses.
  4. Don’t Admit Fault or Discuss the Accident: Don’t apologize or discuss what happened to anyone except the police. Whatever you say can later be used against you.
  5. Consult Attorney Right Away: Before you speak with insurance adjusters, contact our firm. We’ll protect your rights from the start.

What Compensation Can You Recover?

A serious injury can cause a significant financial burden. Montana law provides injured pedestrians with the opportunity to seek full and fair compensation for their losses. This compensation can include:

  • Economic damages: Past and future medical expenses, rehabilitation costs, lost wages, and other out-of-pocket expenses.
  • Non-economic damages: Compensation for physical pain and suffering, emotional distress, and loss of enjoyment of life.
  • In some cases, if the driver’s actions were particularly egregious, the court may also award punitive damages to punish them and deter similar actions in the future.

The Insurance Company is Not on Your Side

It is important to understand that the insurance adjuster’s primary goal is to protect their company’s financial interests. They may contact you quickly with a low settlement offer before you fully understand the extent of your injuries. 

They may attempt to record your statements or twist your words in order to shift the blame onto you. By having our experienced legal team handle all communication with the insurer, you can be assured that you will not be taken advantage of at a time when you are most vulnerable.

  • Anthony helped me out with a legal matter. He was very helpful and got a great result. Thanks to him and his firm for all of their help. I would highly recommend them to anyone looking for a lawyer in Montana.

    Darryl

Why Trust AFJ Law Firm PLLC With Your Case?

At AFJ Law Firm PLLC, personal injury law is our sole focus. We take a client-centered approach to every pedestrian accident case, preparing for trial and seeking a fair resolution. Our team of experts conducts independent investigations and collaborates with accident reconstruction specialists to build a strong case. We prepare each matter as if it would go to trial, which gives us significant leverage in negotiations.

We challenge the narrative that pedestrians are always at fault, presenting a clear and evidence-based account of how negligence caused your injuries. From the initial consultation to final resolution, we handle all legal aspects so you can focus on your recovery.

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You Deserve Justice—Let Us Fight for You

If you or a loved one have been injured in an accident involving a vehicle in Bozeman or elsewhere in Montana, you may be entitled to compensation. You don’t need to deal with insurance claims, medical bills, or legal complexities on your own.

Contact AFJ Law Firm PLLC for a free and confidential consultation today. We work on a contingency fee basis, which means you don’t pay anything until we recover compensation for you. Let us be your voice and ensure that your needs are heard.

Common Pedestrian Accident FAQs

What if I was not in a crosswalk when I was hit? Do I still have a case?

Yes. While Montana law gives pedestrians the clear right-of-way in crosswalks, you still have rights outside of them. Drivers have a duty to exercise reasonable care to avoid hitting a pedestrian anywhere. The investigation will focus on factors like visibility, speed, and whether the driver had enough time to react. Even if you share some fault, Montana’s comparative negligence law may still allow you to recover compensation.

What is the most important thing to do right after a pedestrian accident in Bozeman?

Seek medical attention immediately, even if you feel okay. Then, call the police to file a report. If you are able, document the scene with photos, get the driver’s and witnesses’ contact information, and avoid discussing fault. These steps protect your health and create crucial evidence for your claim.

How does Montana’s “modified comparative negligence” rule affect my pedestrian accident claim?

This rule allows you to recover damages as long as you are less than 50% at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if a jury finds you 30% responsible (e.g., for jaywalking), you can recover 70% of your damages. If you are found 50% or more at fault, you cannot recover anything.

Who can be held liable besides the driver who hit me?

Depending on the circumstances, liability may extend to others. For example, if poor street lighting, overgrown shrubs obscuring a crosswalk, or unrepaired potholes contributed to the accident, the city or county responsible for road maintenance could share liability. An attorney will investigate all potential responsible parties.

Why should I hire an attorney instead of dealing with the driver’s insurance company directly?

Insurance adjusters aim to settle quickly for as little as possible. They may try to get a recorded statement to use against you or argue that you were at fault. An attorney protects your rights, values your claim accurately (including future medical needs), handles all communication, and has the leverage to negotiate a fair settlement or take your case to court.

What kind of compensation can I recover after a serious pedestrian accident?

You can seek economic damages for all medical bills (past and future), lost wages, and out-of-pocket costs. You can also recover non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases of extreme recklessness (like drunk driving), punitive damages may also be available. An attorney ensures all current and future impacts are accounted for.

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