Billings Pedestrian Accident Attorney
We are Experienced Personal Injury Lawyers Dedicated to Getting You Back On Your Feet
Is the Driver Always Negligent When a Pedestrian Collision Occurs?
Although the driver of a vehicle is not always responsible for a pedestrian collision, more often than not, the driver will be held liable. Drivers are responsible for driving carefully and being extra vigilant, particularly in places where pedestrians are commonly found. Drivers are held to a standard of what a normal, careful, prudent person would do given the same set of circumstances. As an example, even if the driver is driving safely, following all safety rules and speed limits, should he or she see a small child on a bicycle ahead, wobbling dangerously, any normal, cautious driver would slow down. If the driver fails to do so, hitting the children, then he or she could be held liable.
While drivers must act responsibly, if a driver is driving safely, following all safety rules and speed limits, and a person suddenly runs out from behind a parked car and is hit, then the pedestrian in question bears some of the liability for his or her actions.
Filing a Montana Pedestrian Accident Lawsuit
Montana is considered an at-fault state, meaning the insurance of the driver who causes an accident must use his or her insurance to pay for the other driver’s medical expenses as well as other expenses related to the accident. (The police and insurance companies will use the evidence at hand to determine who is at fault for the accident). In some cases, “fault” is shared by those involved in the accident. As an example, suppose the driver of the car was exceeding the speed limit when he or she hit a pedestrian who suddenly walked from behind a parked car.
The driver might be held 60 percent responsible, while the pedestrian could be held 40 percent responsible. This means that if a jury awarded the injured pedestrian $100,000 for medical expenses, lost wages, and pain and suffering, that award would be decreased by 40 percent, and the pedestrian would only receive $60,000 due to being partially at fault. In tort states, like Montana, medical coverage only pays out once fault has been determined. If it takes a significant amount of time to determine who was at fault, then those injured in the accident may have to wait a significant amount of time for a settlement.
According to the CDC, there were 5,977 pedestrians killed in traffic crashes in the United States in 2017. This equates to approximately one death every 88 minutes. Another 137,000 plus pedestrians received ER treatment for nonfatal crash-related injuries during the same year. Overall, per trip, pedestrians are about 1.5 times more likely than those in a passenger vehicle, to be killed in a car collision.
According to mdt.mt.gov, in 2017 there were 47 pedestrians who were severely injured in a traffic crash in the state. Even though Montana ranks relatively low among the states for pedestrian accidents and pedestrian fatalities, those who lose a loved one to a pedestrian accident or those severely injured in a pedestrian accident likely have little interest in statistics.
At Joe Frick Law, we offer aggressive and experienced legal assistance after a serious pedestrian accident. We can help you review your options, so you can determine your next step. We offer free initial consultations to help serve you better. Call us today or fill out our confidential contact form for more information.
Pedestrian Accidents in Montana
Both the elderly and small children are the most likely age groups to be involved in a pedestrian accident in Montana. The elderly are more susceptible to pedestrian accidents because they physically may not be able to cross the street as quickly or get out of the way when they see a car driving toward them. Children are more susceptible to pedestrian accidents because they often pull away from their parents and run into a street without looking, due to their age. PedSafe found that, overall, the majority of pedestrian deaths occur at night, in urban areas, and in non-intersection locations.
According to the AAA Foundation for Traffic Safety, a pedestrian faces a fairly significant chance of severe injury when hit by a car driving 23 miles per hour. When that driver is driving 39 mph, the risk of severe injury increases by 75 percent. Unfortunately, even though a pedestrian is extremely vulnerable—therefore very likely to suffer severe injuries or death when hit by a vehicle, collecting compensation following a pedestrian accident can be complex, requiring the services of an experienced Billings, Montana pedestrian accident attorney.
How a Billings, Montana Pedestrian Accident Attorney Can Protect Your Rights
If you are a pedestrian, injured in an auto accident, it is extremely important that you contact an experienced Billings personal injury attorney at Joe Frick Law who can comprehensively evaluate the facts of your accident, clearly laying out your options, and answering your questions. Call us at (406) 551-6741 or fill out our confidential contact form. We offer free initial consultations so you can explore all your legal options. We also work on a contingency basis so you don’t owe us anything unless we can collect money for you. Call today to learn how we can help you through this difficult time.
We are Experienced Personal Injury Lawyers Dedicated to Getting You Back On Your Feet
Is the Driver Always Negligent When a Pedestrian Collision Occurs?
Although the driver of a vehicle is not always responsible for a pedestrian collision, more often than not, the driver will be held liable. Drivers are responsible for driving carefully and being extra vigilant, particularly in places where pedestrians are commonly found. Drivers are held to a standard of what a normal, careful, prudent person would do given the same set of circumstances. As an example, even if the driver is driving safely, following all safety rules and speed limits, should he or she see a small child on a bicycle ahead, wobbling dangerously, any normal, cautious driver would slow down. If the driver fails to do so, hitting the children, then he or she could be held liable.
While drivers must act responsibly, if a driver is driving safely, following all safety rules and speed limits, and a person suddenly runs out from behind a parked car and is hit, then the pedestrian in question bears some of the liability for his or her actions.
Filing a Montana Pedestrian Accident Lawsuit
Montana is considered an at-fault state, meaning the insurance of the driver who causes an accident must use his or her insurance to pay for the other driver’s medical expenses as well as other expenses related to the accident. (The police and insurance companies will use the evidence at hand to determine who is at fault for the accident). In some cases, “fault” is shared by those involved in the accident. As an example, suppose the driver of the car was exceeding the speed limit when he or she hit a pedestrian who suddenly walked from behind a parked car.
The driver might be held 60 percent responsible, while the pedestrian could be held 40 percent responsible. This means that if a jury awarded the injured pedestrian $100,000 for medical expenses, lost wages, and pain and suffering, that award would be decreased by 40 percent, and the pedestrian would only receive $60,000 due to being partially at fault. In tort states, like Montana, medical coverage only pays out once fault has been determined. If it takes a significant amount of time to determine who was at fault, then those injured in the accident may have to wait a significant amount of time for a settlement.
According to the CDC, there were 5,977 pedestrians killed in traffic crashes in the United States in 2017. This equates to approximately one death every 88 minutes. Another 137,000 plus pedestrians received ER treatment for nonfatal crash-related injuries during the same year. Overall, per trip, pedestrians are about 1.5 times more likely than those in a passenger vehicle, to be killed in a car collision.
According to mdt.mt.gov, in 2017 there were 47 pedestrians who were severely injured in a traffic crash in the state. Even though Montana ranks relatively low among the states for pedestrian accidents and pedestrian fatalities, those who lose a loved one to a pedestrian accident or those severely injured in a pedestrian accident likely have little interest in statistics.
At Joe Frick Law, we offer aggressive and experienced legal assistance after a serious pedestrian accident. We can help you review your options, so you can determine your next step. We offer free initial consultations to help serve you better. Call us today or fill out our confidential contact form for more information.
Pedestrian Accidents in Montana
Both the elderly and small children are the most likely age groups to be involved in a pedestrian accident in Montana. The elderly are more susceptible to pedestrian accidents because they physically may not be able to cross the street as quickly or get out of the way when they see a car driving toward them. Children are more susceptible to pedestrian accidents because they often pull away from their parents and run into a street without looking, due to their age. PedSafe found that, overall, the majority of pedestrian deaths occur at night, in urban areas, and in non-intersection locations.
According to the AAA Foundation for Traffic Safety, a pedestrian faces a fairly significant chance of severe injury when hit by a car driving 23 miles per hour. When that driver is driving 39 mph, the risk of severe injury increases by 75 percent. Unfortunately, even though a pedestrian is extremely vulnerable—therefore very likely to suffer severe injuries or death when hit by a vehicle, collecting compensation following a pedestrian accident can be complex, requiring the services of an experienced Billings, Montana pedestrian accident attorney.
How a Billings, Montana Pedestrian Accident Attorney Can Protect Your Rights
If you are a pedestrian, injured in an auto accident, it is extremely important that you contact an experienced Billings personal injury attorney at Joe Frick Law who can comprehensively evaluate the facts of your accident, clearly laying out your options, and answering your questions. Call us at (406) 551-6741 or fill out our confidential contact form. We offer free initial consultations so you can explore all your legal options. We also work on a contingency basis so you don’t owe us anything unless we can collect money for you. Call today to learn how we can help you through this difficult time.
We are Experienced Personal Injury Lawyers Dedicated to Getting You Back On Your Feet
Is the Driver Always Negligent When a Pedestrian Collision Occurs?
Although the driver of a vehicle is not always responsible for a pedestrian collision, more often than not, the driver will be held liable. Drivers are responsible for driving carefully and being extra vigilant, particularly in places where pedestrians are commonly found. Drivers are held to a standard of what a normal, careful, prudent person would do given the same set of circumstances. As an example, even if the driver is driving safely, following all safety rules and speed limits, should he or she see a small child on a bicycle ahead, wobbling dangerously, any normal, cautious driver would slow down. If the driver fails to do so, hitting the children, then he or she could be held liable.
While drivers must act responsibly, if a driver is driving safely, following all safety rules and speed limits, and a person suddenly runs out from behind a parked car and is hit, then the pedestrian in question bears some of the liability for his or her actions.
Filing a Montana Pedestrian Accident Lawsuit
Montana is considered an at-fault state, meaning the insurance of the driver who causes an accident must use his or her insurance to pay for the other driver’s medical expenses as well as other expenses related to the accident. (The police and insurance companies will use the evidence at hand to determine who is at fault for the accident). In some cases, “fault” is shared by those involved in the accident. As an example, suppose the driver of the car was exceeding the speed limit when he or she hit a pedestrian who suddenly walked from behind a parked car.
The driver might be held 60 percent responsible, while the pedestrian could be held 40 percent responsible. This means that if a jury awarded the injured pedestrian $100,000 for medical expenses, lost wages, and pain and suffering, that award would be decreased by 40 percent, and the pedestrian would only receive $60,000 due to being partially at fault. In tort states, like Montana, medical coverage only pays out once fault has been determined. If it takes a significant amount of time to determine who was at fault, then those injured in the accident may have to wait a significant amount of time for a settlement.
According to the CDC, there were 5,977 pedestrians killed in traffic crashes in the United States in 2017. This equates to approximately one death every 88 minutes. Another 137,000 plus pedestrians received ER treatment for nonfatal crash-related injuries during the same year. Overall, per trip, pedestrians are about 1.5 times more likely than those in a passenger vehicle, to be killed in a car collision.
According to mdt.mt.gov, in 2017 there were 47 pedestrians who were severely injured in a traffic crash in the state. Even though Montana ranks relatively low among the states for pedestrian accidents and pedestrian fatalities, those who lose a loved one to a pedestrian accident or those severely injured in a pedestrian accident likely have little interest in statistics.
At Joe Frick Law, we offer aggressive and experienced legal assistance after a serious pedestrian accident. We can help you review your options, so you can determine your next step. We offer free initial consultations to help serve you better. Call us today or fill out our confidential contact form for more information.
Pedestrian Accidents in Montana
Both the elderly and small children are the most likely age groups to be involved in a pedestrian accident in Montana. The elderly are more susceptible to pedestrian accidents because they physically may not be able to cross the street as quickly or get out of the way when they see a car driving toward them. Children are more susceptible to pedestrian accidents because they often pull away from their parents and run into a street without looking, due to their age. PedSafe found that, overall, the majority of pedestrian deaths occur at night, in urban areas, and in non-intersection locations.
According to the AAA Foundation for Traffic Safety, a pedestrian faces a fairly significant chance of severe injury when hit by a car driving 23 miles per hour. When that driver is driving 39 mph, the risk of severe injury increases by 75 percent. Unfortunately, even though a pedestrian is extremely vulnerable—therefore very likely to suffer severe injuries or death when hit by a vehicle, collecting compensation following a pedestrian accident can be complex, requiring the services of an experienced Billings, Montana pedestrian accident attorney.
How a Billings, Montana Pedestrian Accident Attorney Can Protect Your Rights
If you are a pedestrian, injured in an auto accident, it is extremely important that you contact an experienced Billings personal injury attorney at Joe Frick Law who can comprehensively evaluate the facts of your accident, clearly laying out your options, and answering your questions. Call us at (406) 551-6741 or fill out our confidential contact form. We offer free initial consultations so you can explore all your legal options. We also work on a contingency basis so you don’t owe us anything unless we can collect money for you. Call today to learn how we can help you through this difficult time.
