When a pedestrian is hit by a vehicle, determining who is liable, or legally responsible, often comes down to proving which party was negligent. While drivers frequently bear the responsibility, the answer can be more complex and depends entirely on the specific facts of the situation.
This process involves looking at the actions of everyone involved and comparing them to the legal duties they owed to one another to keep each other safe.
Key Takeaways about Liability in Pedestrian Accidents
- Liability in a pedestrian accident is determined by which party failed to act with reasonable care, a concept known as negligence.
- Both drivers and pedestrians have a legal duty to follow traffic laws and be aware of their surroundings to prevent accidents.
- Montana law uses a "comparative negligence" rule, which means a pedestrian can still recover damages even if they were partially at fault, as long as their fault is not greater than the other party's.
- In some cases, parties other than the driver or pedestrian, such as a government entity or a vehicle manufacturer, could be held liable.
- The evidence collected after an accident, including police reports, witness statements, and medical records, is critical in establishing who is at fault.
Understanding Negligence in Montana Pedestrian Accidents
At the heart of any personal injury case is the legal concept of negligence. In simple terms, negligence occurs when someone fails to use the level of care that a reasonably careful person would have used in the same situation, and this failure causes injury to someone else.
To establish who is liable in a pedestrian accident, one must typically prove four things:
- Duty of Care: The person at fault owed a legal duty to the injured person to act with a certain level of caution. Drivers owe a duty to watch for pedestrians, and pedestrians owe a duty to follow traffic rules.
- Breach of Duty: The person at fault violated, or "breached," that duty. This could be a driver running a red light or a pedestrian jaywalking without looking.
- Causation: The breach of duty directly caused the pedestrian's injuries. The accident wouldn't have happened if not for the at-fault person's careless actions.
- Damages: The injured person suffered actual harm, such as medical bills, lost wages, and pain and suffering, as a result of the accident.
Understanding these elements helps clarify how responsibility is assigned after a collision.
The Driver's Duty of Care: What Does Montana Law Say?
In Montana, drivers of motor vehicles have a significant responsibility to be vigilant and protect vulnerable road users, including pedestrians. This isn't just a matter of courtesy; it's a legal requirement. State law is very clear that drivers must exercise "due care" to avoid colliding with any pedestrian on any roadway.
In Montana, drivers are required to give warning by honking their horn when necessary and to use proper precaution at all times. This duty is especially high when a driver sees a child or someone who is obviously confused or incapacitated on the road.
Furthermore, Montana law gives pedestrians the right-of-way in marked and unmarked crosswalks. Specifically, a driver must yield to a pedestrian in a crosswalk when the pedestrian is on the same half of the roadway as the vehicle or is approaching so closely from the other side as to be in danger.
Common examples of driver negligence that can lead to liability in a pedestrian accident include:
- Distracted Driving: Texting, talking on the phone, adjusting the GPS, or any other activity that takes a driver’s attention off the road is a major cause of these accidents.
- Speeding: Exceeding the speed limit, especially in residential areas, school zones, or busy commercial districts like downtown Billings, drastically reduces a driver's reaction time.
- Failing to Yield: Ignoring a pedestrian’s right-of-way at a crosswalk is a clear breach of a driver’s duty.
- Impaired Driving: Driving under the influence of alcohol or drugs severely impairs judgment, coordination, and the ability to operate a vehicle safely.
- Ignoring Weather or Traffic Conditions: Failing to slow down during a snowstorm on I-90 or in heavy traffic on King Avenue West can constitute negligence.
When a driver fails to uphold these duties and a pedestrian is injured as a result, the driver is likely to be found liable for the resulting harm.
Can a Pedestrian Be at Fault for an Accident?
While drivers often hold the greater share of responsibility, pedestrians also have a duty to exercise reasonable care for their own safety. They can be found partially or even entirely at fault for an accident if their own negligence contributed to it.
Montana law outlines several responsibilities for pedestrians. For instance, Montana requires that pedestrians crossing a street at any point other than a marked crosswalk must yield the right-of-way to all vehicles. This doesn't give drivers a license to hit someone, but it does place a clear responsibility on the pedestrian.
Actions that could lead to a pedestrian being found at fault include:
- Jaywalking: Crossing the street mid-block between two intersections where there is no crosswalk.
- Ignoring Traffic Signals: Entering an intersection against a "Don't Walk" signal or a red light.
- Distraction: Walking while looking down at a smartphone, wearing headphones that block out traffic noise, or otherwise not paying attention to one's surroundings.
- Darting into the Street: Suddenly running out into the road from between parked cars, giving a driver no reasonable chance to stop.
- Walking in Prohibited Areas: Walking along highways or other roadways where pedestrian access is not permitted.
- Public Intoxication: Being impaired by alcohol or drugs can affect a pedestrian's judgment and ability to navigate traffic safely.
In these situations, the question of who is liable in a pedestrian accident becomes more complicated and often involves comparing the actions of both parties.
How Montana's Comparative Negligence Rule Affects Liability
Real-world accidents are rarely black and white. Often, both the driver and the pedestrian may have made mistakes that contributed to the collision. Montana addresses these situations with a legal rule known as Modified Comparative Negligence.
This rule allows an injured person to recover damages even if they were partially at fault. However, there's a critical limit: you can only recover damages if your percentage of fault is not greater than the defendant's (or the combined defendants'). In other words, if you are found to be 50% or less at fault, you can still get compensation. If you are found to be 51% or more at fault, you are barred from recovering anything.
Imagine a scenario where a pedestrian is crossing the street outside of a crosswalk (jaywalking) and is hit by a speeding driver. A jury might decide:
- The driver was 70% at fault for speeding.
- The pedestrian was 30% at fault for jaywalking.
If the pedestrian's total damages (medical bills, lost income, etc.) were $100,000, their recovery would be reduced by their percentage of fault (30%). They could therefore recover $70,000. If, however, the jury found the pedestrian was 60% at fault for darting into the road without looking, they would recover nothing under Montana's rule.
This system ensures that liability is assigned fairly based on each person's contribution to the accident.
What Happens When Someone Other Than the Driver Is Liable?
Sometimes, the person behind the wheel isn't the only one responsible for a pedestrian accident. A thorough investigation can reveal other parties whose negligence played a role. Identifying all potentially liable parties is key to ensuring the injured person receives fair compensation for their losses.
Government or Municipal Liability
The city of Billings, Yellowstone County, or even the state of Montana could be partially liable if a dangerous road condition caused the accident. This could include:
- Poorly designed intersections or crosswalks are known to be dangerous.
- Malfunctioning traffic signals or walk/don't walk signs.
- Large potholes or other road defects that cause a driver to swerve.
- Obstructed views caused by overgrown trees or improperly placed signs on public property.
Claims against government entities are very complex. They involve strict notice requirements and shorter deadlines than typical injury claims, so understanding your rights in this area is vital.
Third-Party Liability in a Pedestrian Accident
In other cases, a private third party might share in the liability. For example, if the driver who hit the pedestrian was intoxicated, a bar or restaurant that knowingly over-served them could be held responsible under Montana's "dram shop" laws.
If the driver was working at the time of the accident—such as a delivery driver or a truck driver—their employer could also be held liable for the actions of their employee. In rare instances, if the accident was caused by a mechanical failure like faulty brakes, the vehicle's manufacturer or a mechanic who recently worked on the car could be at fault.
What to Do After a Pedestrian Accident
Once you are home and have received initial medical treatment, the steps you take can greatly impact your ability to protect your rights. The focus should be on documenting what happened and preserving any evidence related to the accident and your injuries.
- Write Down Everything You Remember: As soon as you are able, write down every detail you can recall about the accident. Note the time of day, the weather, what you were doing, what you saw the driver do, and anything you heard. Memories can fade quickly, so a written record is invaluable.
- Keep Meticulous Records: Create a file and keep everything related to the accident in it. This includes medical bills, explanation of benefits from your health insurer, receipts for prescriptions, and documentation of your missed time from work.
- Be Cautious with Insurance Companies: You will likely be contacted by the driver's insurance adjuster. It’s important to remember that their job is to protect their company's financial interests by paying out as little as possible. It is often wise to avoid giving a recorded statement or signing any documents without first understanding your legal rights.
- Stay Off Social Media: Refrain from posting about the accident, your injuries, or your daily activities on social media. Insurance companies regularly search these platforms for any information they can use to argue that your injuries are not as severe as you claim.
Taking these proactive actions can help safeguard your claim while you focus on the most important thing: your physical and emotional recovery.
FAQs: Who Is Liable in a Pedestrian Accident?
Here are answers to some common questions that arise after a pedestrian is injured in a traffic accident.
What if the driver who hit me was uninsured or underinsured?
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to make a claim through your own auto insurance policy's Uninsured/Underinsured Motorist (UIM) coverage. This is a type of coverage that Montanans can purchase to protect themselves in exactly this situation.
How long do I have to file a pedestrian accident claim in Montana?
In Montana, the time limit for filing a personal injury lawsuit, known as the statute of limitations, is generally three years from the date of the injury. If you miss this deadline, you will likely lose your right to seek compensation forever.
What kind of compensation is available after a pedestrian accident?
An injured pedestrian may be able to recover compensation for a variety of losses, often called "damages." These can include all related medical expenses (past and future), lost wages from being unable to work, loss of future earning capacity, pain and suffering, and emotional distress.
Let Rimrock Law Help You Move Forward
Figuring out who is liable in a pedestrian accident can be complex. You don’t have to go through this complicated process alone. The legal system can be complex, but an experienced pedestrian accident lawyer can help you understand your rights and explore all your options for recovery.
If you or a loved one has been injured in a pedestrian accident in Montana, please contact the team at Rimrock Law at (406) 606-1650 or through our online form. We are committed to helping our fellow Montanans get back on their feet.
We offer a free case evaluation to listen to your story and explain how we can help you fight for the accountability you deserve. While you focus on healing, we will focus on the fight.