Getting hit by a car while walking is something that you would never expect to happen. But now, due to someone’s negligence, you have to deal with injuries, medical bills, and the stress of figuring out what happens next.
While it may be normal to blame the driver, who is responsible for a pedestrian accident in Montana? Liability depends on what the driver and pedestrian were doing at the time of the accident. Here is what you will want to know.
Drivers Have a Big Responsibility
When you are behind the wheel, you are in charge of a machine that weighs a couple of tons. Montana law states that drivers have to exercise “reasonable care” on the road. That means they must follow the speed limit, yield the right-of-way, and keep their eyes on the road instead of their phones.
When it comes to pedestrians, drivers are expected to be cautious. They must:
- Stop for people in crosswalks.
- Slow down in areas where walkers are common, like downtowns, school zones, or near parks.
- Be prepared for the unexpected, especially in neighborhoods where kids might dart into the street.
If a driver ignores these rules and hits someone, they are likely to be liable for the crash.
Pedestrians Must Also Follow Rules
Under the law, pedestrians cannot do whatever they want. Montana also expects people on foot to use due caution, such as:
- Crossing at marked crosswalks when available.
- Following traffic signals, such as waiting for the “Walk” sign before stepping out.
- Not running into traffic.
- Walking on sidewalks, or if one is unavailable, staying on the left side of the road facing traffic.
For example, if a pedestrian decides to cross mid-block at night wearing all black, that can affect liability. While this does not automatically erase the driver’s responsibility, the pedestrian may share some of the blame.
How Does Montana’s “Shared Fault” Rule Play a Role?
Montana uses a modified comparative negligence rule for personal injury cases. This means fault can be split between the driver and the pedestrian.
Under these circumstances, if the pedestrian is partly to blame, their compensation is reduced by their percentage of fault. However, if they are 50% or more responsible, they will not be able to recover any damages.
Here is one example: If a pedestrian jaywalks across a poorly lit street, but the driver is also speeding, the court might decide the pedestrian is 30% at fault and the driver is 70%. In that case, the pedestrian could still recover compensation, but it would be reduced by 30%.
Road Conditions Can Lead to an Accident
Some pedestrian accidents may have other parties at fault. If the intersection had no crosswalk, a streetlight was out, or a traffic signal was not properly working, then a city or county might share some responsibility for what happened.
Claims against the government can be difficult due to the tight deadlines and special procedures. If you have been injured, you may want to see if road design or maintenance played a part in the crash.
How Do You Prove Liability?
How do you figure out who is at fault? The process can be tricky, but your lawyer will analyze all the evidence, such as:
- Police reports
- Eyewitness statements
- Surveillance or traffic camera footage
- Cell phone records to see if a driver was distracted
- Expert accident reconstructions
Since liability in Montana can be split, all these details matter. Even a slight shift in percentages can make a big difference in the amount of compensation for a claim.
Liability Is Important
At the end of the day, liability is making sure injured pedestrians get the help they need. Medical bills, physical therapy, lost wages, and the emotional impact of an accident can all add up quickly. And it can be a lot for someone to handle, especially if they were not at fault for the crash.
Unfortunately, insurance companies know Montana uses comparative negligence. They may try to put more blame on pedestrians to reduce what they have to pay. That is why you will want to have clear evidence and know how the law works to get the best chance to recover compensation.
Get Help with Your Motorcycle Pedestrian Case
Who is liable in a Montana pedestrian accident? It will depend on the details of the incident. Drivers shoulder more of the responsibility, but pedestrians also have to follow the rules. And sometimes, other factors like road design or poor lighting come into play. AFJ Law PLLC can assist with your next steps if you have been hit in a pedestrian accident.
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.