Butte Pedestrian Accident Lawyer
A pedestrian hit by a vehicle in the Butte area may have a pedestrian accident claim for the injuries and damages that follow. Whether you were struck while walking or you are acting for an injured family member, if the accident occurred in Montana, the claim proceeds under Montana law.
An insurance company may contact you soon after the crash, and an early offer might not reflect the full measure of your damages. Evidence and records can also become harder to gather as time passes.
Our firm has recovered $1,000,000 for a pedestrian struck by a vehicle. A Butte pedestrian accident lawyer can review whether you have a claim and who may be liable, and our four local partners offer free consultations to injured pedestrians and their families across Southwest Montana.
Past results do not guarantee future outcomes.
Our Butte Firm’s Approach to Pedestrian Injury Claims
Our office is in Butte, and our partners have handled pedestrian and other Butte personal injury claims across Southwest Montana and have over 90 years of combined experience.
Local Knowledge of Butte Roads and Silver Bow County Courts
Because we work in Butte, we know the local intersections and crossings where pedestrian crashes tend to happen, and we know the Silver Bow County court where a Butte pedestrian claim is filed. That familiarity can help our attorneys gather local evidence and move a claim forward without the delays a distant firm may face.
Client Testimonials
“We worked with Terry on 2 different occasions, the first with my mother and the second in an accident I was involved in. We so appreciated Terry’s thoughtfulness and compassion when dealing with our issues. His guidance and experience helped guide us to a resolution that was fair and in a timely manner. We recommend Terry to others who need the same professional help.” — Mari B.
“I was represented by Terry MacDonald in a motorcycle accident case, and he was fantastic to work with. He worked diligently on my behalf, pressured the insurance agent who was trying to jerk us around, and got a great settlement for me. It was more than I anticipated and I was Really pleased with everything he did on my behalf. I think he’s a great attorney.” — Bob L.
“I can’t say enough great things about Joyce, MacDonald, Haynes & Johnston and their team. I worked primarily with Terry and Saidee through the entire process and highly recommend their services. After my auto accident, I felt overwhelmed and unsure of what to do next. From the very first consultation, they took the time to explain the process clearly and made sure I felt supported every step of the way. Communication was always prompt, professional, and reassuring. Thanks to their dedication and expertise, my case was resolved smoothly and I felt treated very fairly. I’m incredibly grateful and would highly recommend Terry MacDonald and his team to anyone needing legal advice or assistance.” — Jen M.
Meet Your Butte Pedestrian Accident Lawyers
Who Is Liable When a Vehicle Hits a Pedestrian in Butte?
Liability for a pedestrian crash in Butte usually falls on the driver who failed to yield or drive safely. More than one party can share responsibility, and an employer may also share liability when the driver was using a work vehicle.
Montana follows modified comparative negligence under Mont. Code § 27-1-702. An injured pedestrian may still recover compensation in some situations even if partly at fault for the crash. However, any recovery may be reduced based on the pedestrian’s share of fault, and there is no recovery if the pedestrian is found 51% or more at fault. When more than one party is involved, that share is measured against the combined fault of everyone the pedestrian seeks recovery from.
Determining fault in a Butte pedestrian claim may turn on several factors, which may include:
- The location where the pedestrian was crossing
- The right-of-way each party had at the time
- The driver’s speed, attention, and conduct
- Road, signal, and lighting conditions at the scene
A pedestrian who crossed against a signal or outside a crosswalk may be assigned some fault, and a driver who was speeding or distracted may carry more. Insurance companies may assign a share of fault to the pedestrian to reduce what they pay, so how these facts are documented can affect the value of a claim.
Montana Right-of-Way Laws and a Driver’s Duty to Pedestrians
Montana law requires a driver to yield the right-of-way to a pedestrian crossing within a marked or unmarked crosswalk at an intersection when traffic signals are not in place or not working, under Mont. Code § 61-8-502. At an intersection with working traffic signals, the signal controls the right-of-way, and a turning driver must still yield to a pedestrian who is lawfully in the crosswalk. Drivers also owe pedestrians a general duty of care, which includes watching for people on foot and adjusting speed to conditions.
Pedestrians have duties as well. Under Mont. Code § 61-8-503, a pedestrian crossing outside a crosswalk must yield to vehicles on the roadway. A violation does not automatically end a claim because Montana’s comparative negligence rule still allows recovery when the pedestrian is 50% or less at fault.
In a Butte pedestrian claim, two duties often matter most:
- A driver must yield to a pedestrian in a marked or unmarked crosswalk at an intersection.
- A pedestrian crossing outside a crosswalk must yield to vehicles on the road.
How these duties applied at the specific Butte intersection or crossing can shape who is at fault and by how much.
What to Do After a Pedestrian Accident in the Butte Area
After a pedestrian crash in the Butte area, consider taking these steps:
- Call 911.
- Report the crash to police, and request a copy of the report.
- Get medical attention for your injuries as soon as possible
- Document the scene, and keep records of your treatment if you are able.
- Avoid giving a recorded statement or accepting an early settlement before getting legal advice.
- Contact a local pedestrian accident lawyer about your claim.
Some evidence and records may be harder to obtain as time passes. A local lawyer can request the police report, contact witnesses, and preserve evidence while it is still available.
How Insurance Coverage Works After a Butte Pedestrian Accident
After a pedestrian crash, the at-fault driver’s liability insurance generally applies first, covering injuries and losses up to the driver’s policy limits. If those limits are too low or if the driver has no insurance, other coverage may provide additional recovery.
Coverage follows the person, not only the vehicle, so a pedestrian’s own auto policy can still provide coverage even when the person was on foot. Medical payments (MedPay) coverage, which you may have purchased under your own or a household auto policy, may help with early medical bills, regardless of who was at fault. MedPay is usually limited to a set amount.
Uninsured and underinsured motorist (UM/UIM) coverage is a separate insurance coverage you may have purchased. When the driver who hit you has no coverage or insufficient coverage, you can file a UM/UIM claim through your insurance policy, and it may make up part of the difference. These coverages can apply in sequence, and more than one policy may be involved in a single pedestrian claim.
Compensation Available in a Butte Pedestrian Injury Claim
Damages in a Montana pedestrian injury claim are classified as economic and non-economic. Economic damages cover measurable financial losses, both those already incurred and those expected in the future, and they may include the following:
- Medical bills
- Future medical care
- Lost wages
- Lost earning capacity
- Out-of-pocket costs
Non-economic damages cover losses that are harder to measure, such as pain and suffering. If a pedestrian died from the crash, a wrongful death claim may allow certain family members to recover for losses such as lost financial support and the loss of the relationship under Montana law. The value of a claim depends on the severity of the injuries and the losses they cause, not on a fixed formula.
Frequently Asked Questions About Butte Pedestrian Accident Claims
How Long Do You Have to File a Pedestrian Accident Claim in Montana?
You generally have three years from the date of the injury to file a pedestrian accident claim in Montana, under Mont. Code § 27-2-204. For a wrongful death claim, the three years generally run from the date of death. Missing the deadline can bar the claim entirely, so it helps to start early while evidence is still available.
Does a Butte Pedestrian Accident Claim Usually Settle or Go to Trial?
Many pedestrian injury claims resolve through a settlement with the insurance company, without going to trial. Some claims require filing a lawsuit when the insurer will not offer a fair amount, and a case can settle at any point before a verdict. Whether a claim settles depends on the facts.
Do You Have to Give the Driver’s Insurance Company a Recorded Statement?
No. You can decline to give the driver’s insurance company a recorded statement until you have spoken with a lawyer. An early recorded statement can be used to dispute your claim or reduce your recovery, so it’s often recommended to contact a lawyer first.
How Much Does It Cost to Talk to a Butte Pedestrian Accident Lawyer?
A consultation with a pedestrian accident lawyer at Joyce, MacDonald, Haynes & Johnston is free. There is no charge to meet, ask whether you have a claim, and learn who may be liable and what compensation might be available. You are under no obligation to hire us.
Get Help With Your Butte Pedestrian Accident Claim
If a vehicle struck you or a family member while walking in the Butte area, our firm can review your claim and explain your options at no cost. A pedestrian injury claim moves faster when evidence is gathered early, and a free consultation is a low-pressure way to learn where your case stands.
Call us at 406-723-8700 or reach out through our contact form to schedule your free consultation.