There is nothing that prepares you for the moment your phone rings and you learn a loved one has been hit in a crosswalk. Whether the injuries are severe or you have lost someone dear to you, life as you know changes instantly.
What to do after a loved one was injured or killed in a Montana crosswalk accident? Here is what you need to know about what to do next, what rights you have, and how to protect your family’s future.
Take Care of Immediate Medical Needs
If the accident just happened, the most important thing is to make sure your loved one gets emergency medical care. Even if they were able to get up and walk, internal injuries and head trauma are not always obvious right away. Make sure to call 911, follow the responders’ advice, and make sure your loved one gets evaluated.
If the worst has happened and your loved one has passed away, the responding officers and paramedics will likely begin an investigation on-site. You need to write down the names of any law enforcement officers or emergency personnel present. These early details will matter later if you decide to take legal action.
Ask for the Police Report and Any Witness Information
Whether you were at the scene or not, make sure to ask the police for a copy of the accident report. This will provide plenty of information, such as:
- Where the crash happened
- Who was involved
- Whether any citations were issued
Also, if there were witnesses, their names and statements might be listed. You may want to speak to those who saw the crash. A witness may have noticed a driver running a red light or looking at their phone. All these facts can be backed up later with their statements.
Preserve Any Evidence You Can
It can be easy to overlook evidence in the chaos that follows an accident. However, photos of the crosswalk, damaged clothing or personal items, or security cameras could make a big difference later. If your loved one was carrying a smartwatch or phone, it may have GPS or health data that shows the time of impact or their location.
Even amid grief, saving what you can will help you later when trying to hold the responsible party accountable for their actions.
Get Familiar with Montana’s Crosswalk Laws
In Montana, drivers are required by law to yield to pedestrians in marked crosswalks. If your loved one was crossing at a crosswalk and had the right-of-way, the driver may have violated the law.
When a driver says something like, “I didn’t see them,” or “They came out of nowhere,” that does not absolve them of liability.
Under Montana law, every driver has a duty to stay alert, watch for pedestrians, and slow down, especially in intersections and pedestrian zones.
Talk to a Montana Pedestrian Accident Attorney
You might not need all the answers right now, but you do need someone on your side who can help you find them. A compassionate and experienced lawyer can investigate the crash and handle the calls with insurance companies, so you do not have to be bothered with these tasks.
Many times, drivers may deny fault, and insurance adjusters may try to blame the pedestrian. But under Montana’s comparative negligence rules, even if your loved one was partially at fault, you may still be entitled to compensation.
Don’t Wait to Take Action
In Montana, the deadline for filing a personal injury or wrongful death claim is three years from the date of the accident. That might feel like plenty of time, but evidence and memories of the incident can disappear quickly. When you reach out right away, you will have more options for your claim.
We are Here When You’re Ready.
A crosswalk should be one of the safest places for a pedestrian. When it becomes the scene of a tragedy, you need to hold those responsible for their actions.
If someone you love was hit while crossing the street in Montana, AFJ Law can help.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.