Pedestrians: Know Your Rights in the Event of an Accident
Ragain & Clark April 30, 2020
When a pedestrian is struck by a car the consequences can be deadly. While pedestrians should always be mindful of their own safety, the reality is that many drivers aren’t looking out of them at all. Factor in drivers who are distracted, reckless, or simply not paying attention, and you realize just how dangerous our roadways can be for someone on foot.
If you’ve been injured in a pedestrian accident, you need to first recognize that you have rights. A Billings pedestrian accident lawyer can help you understand those rights and get the compensation you deserve.
Montana Laws That Protect Pedestrians
Although Montana may not be the most pedestrian-friendly state, the Montana Code does contain a number of laws intended to protect pedestrians. For example:
- Pedestrians have the right-of-way in both marked and unmarked crosswalks.
- Drivers must exercise due care to avoid colliding with a pedestrian, even when the driver has the right-of-way.
- Pedestrians have the right-of-way on sidewalks to vehicles that may be crossing the sidewalk.
If you were injured by a motorist, failing to abide by the law may be helpful in proving your claim. For example, proving the driver’s negligence may be relatively simple if you were struck by a car while in a crosswalk while the “walk” signal was illuminated. Understanding who had the right of way can be critical, and you should be aware that the police don’t always issue a traffic citation when they should. A Billings pedestrian accident lawyer can determine whether the driver was at fault in your accident and whether they can be held accountable for your injuries.
You Have the Right to Be Made Whole
Many pedestrians focus only on their medical expenses when they are injured in an accident. If they have health insurance, they therefore think they don’t need to pursue a claim, only to later discover that their losses extend far beyond their medical bills. If you have been injured as a result of someone else’s negligence, you have the right to be made whole – or, in other words, to be compensated as if the accident never happened. As a result, you may be entitled to the following damages in addition to your covered medical expenses:
- Uncovered medical losses such as your copays and deductible
- Lost income
- Pain and suffering
Of course, your medical expenses could be quite high if you don’t have health insurance. Regardless, an experienced Billings pedestrian accident lawyer can evaluate your claim and provide an estimate of how much your case may be worth.
Talk to a Billings Pedestrian Accident Lawyer Today
If you’ve been injured, your first priority should be your recovery. Unfortunately, you will also have to navigate the insurance claim process, which can be overwhelming for many non-lawyers. Let us help – discuss your case with Billings pedestrian accident lawyer Jim Ragain. Call us today at 406-651-8888 or visit us online to schedule your free consultation.