Being struck by a vehicle is a terrifying and disorienting experience. One moment you are crossing a street in downtown Billings, perhaps near Skypoint or walking to class near the Montana State University Billings campus, and the next you are faced with injuries, uncertainty, and a mounting pile of questions.
If you are recovering after being hit by a car, you are likely frightened and unsure of what to do next. Seeking guidance from a dedicated pedestrian accident lawyer in Billings at Rimrock Law can be the most important step you take toward protecting your rights and securing your future. Contact Rimrock Law today to discuss your case and legal options during a free consultation.
Our dedicated injury lawyers are here to help you understand your rights and options, allowing you to focus on what matters most: your recovery.
Why Choose Rimrock Law for Your Billings Pedestrian Accident Claim
When you are healing from an injury, the last thing you need is the stress of fighting with an insurance company. You need a legal team that understands the local landscape, from the traffic patterns on 24th Street West to the procedures in the Yellowstone County Courthouse. At Rimrock Law, we approach every case with a deep commitment to the people of our community. We believe that while you focus on healing, we can focus on the fight for accountability and compensation.
Choosing a law firm is a significant decision. We believe our approach sets us apart and provides a foundation of trust for our clients during difficult times.
- A Team-Oriented Approach: Our attorneys collaborate on cases, bringing together decades of combined experience to review every detail of your claim. This means you benefit from multiple legal minds working to build the strongest possible case on your behalf.
- A Focus on Your Recovery: We handle the legal details so you can prioritize what matters most: your health and well-being. We manage communications with insurance adjusters, gather evidence, and navigate the legal system for you.
- Unwavering Client Advocacy: We are not intimidated by large insurance corporations or their tactics. Our mission is to advocate tirelessly for the best possible outcome for you, ensuring your voice is heard and your rights are protected.
Our deep roots in Montana mean we understand not just the laws, but the people they are designed to protect. A Billings pedestrian accident attorney from our firm is prepared to stand by your side, offering clear guidance and determined representation from start to finish.
Do I Have a Pedestrian Accident Case?
After an accident, it’s common to wonder if you have a valid legal claim. Most personal injury cases, including pedestrian accidents, are based on a legal concept called negligence. In simple terms, negligence means that someone failed to act with a reasonable level of care, and their carelessness caused harm to another person.
To have a successful pedestrian accident claim, you and your legal team must establish four key elements.
- Duty of Care: The driver who hit you had a legal obligation to operate their vehicle safely and watch out for others on the road, including pedestrians. This is a fundamental duty for anyone with a driver's license.
- Breach of Duty: The driver violated this duty. This breach could be anything from texting while driving, speeding through an intersection, failing to yield at a crosswalk, or driving under the influence.
- Causation: The driver’s breach of duty must be the direct cause of your injuries. This links their careless action to the harm you suffered.
- Damages: You must have incurred actual losses because of the accident. These can be financial, such as medical bills and lost income, or non-financial, such as pain and suffering.
Proving all four of these elements is the foundation of a strong claim. An experienced attorney from Rimrock Law can help gather the necessary evidence, like police reports, witness statements, and medical records, to build a compelling case that demonstrates the driver's negligence.
What Duty Do Motorists Owe to Pedestrians in Billings, Montana
In Montana, the law clearly outlines the responsibilities drivers have to protect pedestrians. These rules are in place to prevent tragic accidents and ensure people can walk safely throughout our communities, whether they are enjoying a stroll through Pioneer Park or crossing the street to a local shop. Drivers are not just expected to be careful; they are legally required to be.
According to Montana law, motorists have several specific obligations to pedestrians.
- Yielding at Crosswalks: Drivers must yield the right-of-way to a pedestrian in a crosswalk, whether it is marked or unmarked at an intersection. This is outlined in the Montana Code Annotated § 61-8-502.
- Exercising Due Care: Even when a pedestrian is not in a crosswalk, drivers must exercise “due care” to avoid a collision. This means they should always be alert and prepared to stop or slow down if a person is on the road.
- Giving Proper Warning: If necessary, a driver should sound their horn to alert a pedestrian to their presence to help avoid an accident.
These laws place a significant responsibility on drivers to be constantly aware of their surroundings. When they fail in this duty, a pedestrian accident lawyer in Billings can help hold them accountable for the harm they cause.
What if I’m Partly to Blame for My Injuries?
This is a very common and understandable concern. You might be worried that because you were listening to music, crossing mid-block, or were otherwise distracted, you have no right to seek compensation. However, this is often not the case in Montana.
Montana follows a legal rule called modified comparative negligence. This rule, detailed in Montana Code Annotated § 27-1-702, acknowledges that sometimes more than one person is at fault for an accident. Under this rule, you can still recover financial compensation for your injuries as long as your share of the fault is not greater than the fault of the other party (or parties). In other words, if you are found to be 50% or less responsible for the accident, you can still pursue a claim.
Your total compensation award will then be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 10% at fault, your final recovery would be $90,000. It is important not to assume you cannot file a claim just because you think you might have made a mistake. An insurance company may try to place 100% of the blame on you to avoid paying. Our attorney can protect you from unfair blame and work to establish the true degree of fault.
The Insurance Company Made Me an Offer. Should I Take It?
Shortly after the accident, you will likely receive a call from the at-fault driver's insurance adjuster. They may sound friendly and concerned, and they might even make a quick offer to settle your claim. While getting money quickly can seem appealing, especially when medical bills are arriving, accepting an early offer is almost always a mistake.
Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which means paying out as little as possible on claims. The first offer they make is rarely their best offer. It is a calculated attempt to close your case quickly and cheaply, before you understand the full extent of your injuries and losses.
Here are a few things an initial settlement offer likely does not account for:
- Future Medical Needs: Many serious injuries require ongoing treatment, such as physical therapy, future surgeries, or long-term medication. An early offer won't cover these unknown future costs.
- Lost Earning Capacity: If your injuries prevent you from returning to your old job or limit your ability to work in the future, you may have a claim for lost earning capacity. This is a complex calculation that an initial offer ignores.
- Full Pain and Suffering: The physical pain, emotional distress, and loss of enjoyment of life caused by an accident are real damages. An adjuster's quick offer will significantly undervalue this human cost.
Before you sign any documents or accept any payment from an insurance company, it is highly advisable to have the offer reviewed by a pedestrian accident attorney. Our attorney can help you calculate the true value of your claim and negotiate for a settlement that is fair and comprehensive.
Compensation Available to Pedestrian Accident Victims
No amount of money can undo the trauma of being hit by a car, but fair compensation can provide the financial stability needed to heal and rebuild your life. In a successful pedestrian accident claim, you can seek recovery for a wide range of losses, which are often called "damages."
These damages are typically separated into two main categories.
- Economic Damages: These are the tangible, verifiable financial losses you have suffered. They include things like all past and future medical expenses, lost wages from time away from work, loss of future earning ability if you are disabled, and costs for rehabilitation and physical therapy.
- Non-Economic Damages: These are the intangible losses that do not have a specific price tag but are just as real. This category covers your physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, and compensation for any permanent scarring or disfigurement.
Every case is unique, and the specific compensation available will depend on the details of your accident and the severity of your injuries. A skilled attorney can help you identify and document all of your damages to ensure you are pursuing the full and fair amount you are owed.
Recent data from the National Highway Traffic Safety Administration (NHTSA) continues to show that pedestrians remain incredibly vulnerable, reinforcing the need for victims to understand their right to compensation.
FAQ for Billings Pedestrian Accident Lawyer
We have gathered some common questions that people have after a pedestrian accident to provide you with additional information.
What is the time limit for filing a pedestrian accident lawsuit in Montana?
In Montana, the statute of limitations for most personal injury claims, including pedestrian accidents, is generally three years from the date of the injury. If you do not file a lawsuit within this timeframe, you will likely lose your right to seek compensation forever. It is very important to speak with an attorney well before this deadline approaches.
What should I do if the driver who hit me was uninsured or left the scene?
If you were injured in a hit-and-run or by a driver without insurance, you may still be able to recover compensation through your own auto insurance policy. This would fall under your Uninsured/Underinsured Motorist (UM/UIM) coverage. A lawyer can help you review your policy and file a claim with your own insurance company.
Do I have to have a police report to file a pedestrian accident claim?
While a police report is an extremely valuable piece of evidence, it is not legally required to file a claim. A police report can provide an official account of the accident, identify witnesses, and sometimes even include the officer’s initial assessment of fault. If there is no report, your attorney can use other methods, such as witness interviews and accident reconstruction, to build your case.
Why shouldn’t I give a recorded statement to the other driver’s insurance company?
The at-fault driver’s insurance adjuster may ask you to provide a recorded statement about the accident. You are not obligated to do this, and it is generally not in your best interest. Adjusters are trained to ask questions designed to get you to say something that could hurt your claim, such as admitting partial fault or downplaying your injuries. It is best to let your attorney handle all communications with the other party’s insurer.
How much does it cost to hire a pedestrian accident lawyer?
Most personal injury law firms, including Rimrock Law, handle pedestrian accident cases on a contingency fee basis. This means you do not pay any upfront fees. The law firm is only paid a percentage of the compensation they recover for you. If you do not win your case, you do not owe any attorney’s fees. This arrangement allows everyone to access quality legal representation, regardless of their financial situation.
Contact Rimrock Law’s Trusted Billings Pedestrian Accident Lawyers Today
Pedestrian accidents can disrupt your life in many ways. The last thing you need is to deal with insurance companies to get compensation for your medical bills and other losses.
While you focus on getting better, the dedicated legal team at Rimrock Law can handle the fight for justice and fair compensation. We understand the challenges you are facing and are committed to providing you with compassionate support and determined advocacy.
You have options, and learning about your legal rights is the first step toward making an informed decision for your future. Contact our office today at (406) 606-1650 or through our online form for a free, no-obligation consultation with one of our Billings accident injury attorneys. Let us listen to your story and explain how we can help.