Montana Pedestrian Accident Attorney
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Pedestrians have specific protections in Montana. Following a pedestrian collision, which often results in serious injuries, medical expenses begin to mount, and the insurance company may attempt to settle the claim quickly. While you have three years from the date of the collision to file a lawsuit, the risks of waiting are real. Evidence fades, witnesses become harder to locate, and insurance companies may use early recorded statements against an injured person who had no legal guidance. Handling a pedestrian accident claim without an attorney puts you at a disadvantage from the start.
We have handled personal injury claims across Southwest Montana, including a $1,000,000 recovery for a pedestrian struck by a vehicle. Four partners with 100 years of combined experience work closely with each client from the first conversation. Consultations are free and carry no obligation.
Why Choose Joyce, MacDonald, Haynes & Johnston for Your Pedestrian Accident Case
Choosing the right pedestrian accident lawyer matters. Serious injury claims often involve medical records, insurance disputes, accident investigations, and questions about fault under Montana law. You need a legal team that understands both the legal process and the realities of Southwest Montana roads and communities.
At Joyce, MacDonald, Haynes & Johnston, our Butte attorneys have decades of experience handling personal injury litigation. The lawyer you speak with at the beginning of your case remains actively involved throughout the process.
We work closely with injured clients throughout Southwest Montana and focus on clear communication, practical guidance, and thorough case preparation from the beginning.
Results in Pedestrian and Injury Cases
We have recovered $1,000,000 for a pedestrian struck by a vehicle. The results of any case vary based on the specific circumstances. Our case results span the full range of personal injury claims, including pedestrian accidents, motor vehicle collisions, trucking cases, and slip-and-fall injuries in communities across Montana.
Past results do not guarantee future outcomes.
Client Testimonials
“I went to Joyce & MacDonald law firm when I had a personal injury and was lucky enough to meet and work with Mike Haynes and the competent staff there. Mike immediately put my mind at ease with his knowledge, kindness and thoughtfulness during my entire ordeal making it stress-free. He kept me updated throughout. Through his hard work and perseverance, my case was resolved in a timely manner with a favorable outcome. I would highly recommend Mike Haynes and the entire Joyce MacDonald Law Firm.” — Susan M.
“I thought I had a reasonable idea how to approach my case but I found out I really didn’t know anything about how my lawsuit works. Mike and Sadie led me through this process and were very concerned not to settle too soon to make sure that my injuries were taken care of. They were very knowledgeable about the opposing side and gave me good counsel about how this will play out. They were able to get me a very fair settlement. I highly recommend them to anyone who has been injured.” — Ray M.
“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.
Meet Your Montana Pedestrian Accident Lawyers
What Happens When a Driver Hits a Pedestrian in Montana?
Montana follows an at-fault system for pedestrian accident claims. If a driver’s negligence caused the crash, the driver may be legally responsible for the injuries and losses that follow.
Montana law requires drivers to exercise caution around pedestrians. Under Montana Code § 61-8-502, drivers generally must yield to pedestrians crossing within marked crosswalks and unmarked crosswalks at intersections when traffic-control signals are not operating. Montana Code § 61-8-504 also requires drivers to use due care to avoid colliding with pedestrians on the roadway.
Even if you were not inside a marked crosswalk, you may still have a valid injury claim. Factors such as speeding, distracted driving, poor visibility, weather conditions, impairment, and roadway design can all affect liability.
Montana also follows a comparative negligence rule. This means an injured pedestrian may still recover compensation in some situations even if they were partly at fault for the accident. However, any recovery may be reduced based on the pedestrian’s share of fault.
Common Causes of Pedestrian Accidents in Butte and Southwest Montana
Pedestrian accidents in Southwest Montana can result from a range of driver behaviors and road conditions. Common causes include:
- Distracted driving, including phone use and in-car systems that pull a driver’s attention from the road.
- Failure to yield to pedestrians in crosswalks, including unmarked crosswalks at intersections.
- Speeding in residential neighborhoods, commercial corridors, and school zones.
- Impaired driving. If the driver who struck you was charged with a DUI or drunk driving offense, that charge may be relevant to your claim.
- Poor lighting or adverse weather conditions that reduce visibility.
- Vehicles backing up in parking lots and driveways where pedestrians may not be visible.
- Failure to watch for pedestrians at busy intersections and crossings.
What Injuries Do Pedestrian Accident Victims Commonly Suffer?
Pedestrians struck by vehicles often suffer serious and lasting injuries. Injuries may include:
- Traumatic brain injuries and skull fractures.
- Spinal cord injuries, which can result in partial or complete paralysis.
- Broken bones and fractures, particularly to the pelvis, legs, and arms.
- Internal organ damage from impact with a vehicle or the ground.
- Severe lacerations and road rash.
- Soft-tissue injuries, including torn ligaments and damaged muscles.
- Psychological trauma, including post-traumatic stress.
Some injuries may not appear immediately after the crash. A pedestrian who feels relatively stable at the scene may develop symptoms in the days that follow. Prompt medical evaluation matters for your health and for the documentation that supports any future claim.
What Compensation Can You Recover After a Pedestrian Accident in Montana?
Under Montana law, injured pedestrians may pursue economic and non-economic damages from the driver and the driver’s insurance company.
Economic Damages
Economic damages are the measurable financial losses resulting from the crash. They may include:
- Past and future medical expenses.
- Lost wages for time missed from work during recovery.
- Loss of earning capacity when injuries affect long-term ability to work.
- Property damage to personal items.
Non-Economic Damages
Non-economic damages cover losses that do not appear on a bill or pay stub. They may include:
- Pain and suffering.
- Emotional distress and psychological trauma.
- Permanent disability or disfigurement.
- Loss of enjoyment of life.
In cases where a pedestrian accident results in death, families may have additional recovery available through a wrongful death claim under Montana law.
How Long Do You Have to File a Pedestrian Accident Claim in Montana?
Montana law gives most injured pedestrians three years from the date of the crash to file a personal injury lawsuit. That deadline comes from Montana Code § 27-2-204. Missing the deadline can prevent an injured person from pursuing compensation through the court system.
Some circumstances may affect the timeline. If the injured person was a minor at the time of the crash, the filing deadline may run differently. Claims involving government entities, dangerous road conditions, or other unusual facts may also involve additional notice or timing issues. Speaking with an attorney early gives your legal team more time to preserve evidence, identify witnesses, and build the claim before important information becomes harder to recover.
What Steps Should You Take After a Pedestrian Accident in Montana?
The steps you take after a pedestrian accident can affect your health, your documentation, and the strength of a future claim. After a crash, consider taking these steps:
- Seek medical attention right away, even if your injuries seem minor.
- Call 911 and ask for a police report documenting the crash.
- Gather information if you can, including the driver’s name, insurance details, license plate number, and witness contact information.
- Photograph the scene, your injuries, and the vehicle involved. Include crosswalk markings, traffic signals, skid marks, lighting, weather, and road conditions.
- Avoid giving a recorded statement to the driver’s insurance company before speaking with an attorney.
- Contact a pedestrian accident attorney in Butte as soon as you can.
Insurance companies may reach out quickly after the crash. Early legal guidance can help you avoid mistakes, document your injuries, and understand the next steps.
How Do You Know If You Have a Pedestrian Accident Case in Montana?
A pedestrian accident claim generally requires proof of four things:
- The driver owed you a duty of care.
- The driver violated that duty.
- The driver’s conduct caused your injuries.
- You suffered damages as a result.
Montana law gives pedestrians specific protections in crosswalks and also requires drivers to use due care to avoid hitting pedestrians on the roadway.
A claim may exist in situations such as:
- Being struck in a crosswalk.
- Being hit at an intersection by a driver who failed to yield.
- Being struck by a vehicle backing up in a parking lot.
- Being hit by an impaired, distracted, or speeding driver.
You may still have a claim even if you were partly at fault, depending on how Montana’s comparative negligence rule applies to the facts.
How Do You Choose a Pedestrian Accident Lawyer in Southwest Montana?
Pedestrian accident cases involve specific questions of Montana law, including pedestrian right-of-way statutes, comparative negligence, injury documentation, and insurance coverage. The attorney or firm you choose should be able to explain how those issues apply to your situation in plain language.
It also helps to ask how the firm handles communication and case involvement. At Joyce, MacDonald, Haynes & Johnston, our partners stay closely involved from intake through resolution. A free consultation costs nothing and carries no obligation. It gives you the chance to understand your options before deciding what to do next.
Contact a Montana Pedestrian Accident Lawyer Today
A pedestrian accident leaves little margin for delay. Montana’s three-year filing deadline starts from the date of the crash, and insurance companies begin building a defense well before that window closes. The earlier a claim is reviewed, the more time there is to preserve evidence and investigate what happened.
Call 406-723-8700 or contact us online to schedule a free consultation. We serve Butte and the communities of Southwest Montana.
