Skip to Content
Personal Injury

Common Defenses in Pedestrian Accidents

August 31, 2021

Pedestrian accidents typically cause severe injuries and often result in death. Unfortunately, many motorists who cause these accidents will try to talk their way out of responsibility for the harm they have caused. If the driver who caused your accident is denying responsibility or actually blaming you for the accident, you should contact a Billings pedestrian accident attorney as soon as possible to discuss your rights. 

“I Didn’t See Them.” 

“I didn’t see them” is a common statement made by at-fault drivers in pedestrian accidents (it is also commonly used in motorcycle and bicycle accidents). It’s typically offered as an explanation for the accident, and many drivers think it absolves them of responsibility. Fortunately for accident victims, this is not the case. Drivers have an obligation to keep their eyes on the road at all times and to watch out for pedestrians, even when it’s dark. If the driver that hits you offers this as an explanation, don’t assume that you don’t have a claim. A Billings pedestrian accident attorney can hold them accountable so that you can get the compensation you need. 

“They Weren’t in the Crosswalk.”

When a pedestrian crosses the road in the crosswalk, they have the right of way. When they are crossing the road at a location that is not a crosswalk, pedestrians should yield the right of way to motor vehicles. However, this does not mean that motorists are relieved of their responsibility to drive carefully when pedestrians are present and make a reasonable effort to avoid accidents. The fact that you were struck while crossing the road outside of a crosswalk does not mean that you do not have a right to compensation. If the driver is trying to avoid responsibility for the accident, you should contact a Billings pedestrian accident attorney as soon as possible. 

“They Were Intoxicated.”

This is a common defense that gets raised when pedestrian accidents occur at times and locations when people are out socializing at dinner, bars, or nightclubs. However, this defense is not much more than an excuse unless you were severely intoxicated. If you were intoxicated when you were injured, an experienced Billings pedestrian accident attorney can evaluate your case. 

Even if You Are Partially at Fault 

Montana follows the modified comparative negligence rule. This means that unless your negligence was greater than the other parties, you can still recover compensation for your injuries. In the context of a pedestrian accident, it is highly likely that your negligence outweighs that of the driver who struck you. As a result, you should speak with a Billings pedestrian accident attorney even if you think you may be partially to blame for your accident. 

Contact Billings Pedestrian Accident Attorney at Ragain & Clark Today

If you have been struck by a motorist while walking, you may be entitled to compensation for your injuries, lost wages, and pain and suffering. Don’t let the other party talk you out of pursuing what’s fair – call us today at 406-651-8888 or fill out our online contact form to schedule a free consultation to discuss your options. We have office locations in Montana and Wyoming.  


Get Trusted Help Now

We provide legal representation to Montana and Wyoming individuals and small businesses.