If you or a loved one has been hurt in a pedestrian accident in Kalispell, Montana, you could be owed money for your medical bills, lost income, pain and suffering, and more. Getting it could prove challenging if you attempt to do so on your own, though, and having an experienced Kalispell pedestrian accident lawyer by your side is crucial to protecting your rights and pursuing the compensation you deserve.
The Kalispell pedestrian and car accident victims’ attorneys at Travis, Moore & Brann PLLP know how to win these complex cases and get our clients the financial security they need to move on with their lives. Don’t face the aftermath of a pedestrian accident alone. Instead, contact us today at for a free consultation to discuss your case with an experienced personal injury lawyer. Let us help you take the first steps towards healing and recovery.
What to Do After a Pedestrian Accident in Kalispell
Pedestrian accidents are becoming a serious problem in Kalispell, according to local police. The intersection of First Avenue East and Third Avenue East is especially dangerous, as is Husky Street. That said, a pedestrian and car accident can happen anywhere there are cars, putting innocent people at serious risk.
Your actions following a pedestrian accident are pivotal for your well-being and legal settlement proceedings. Foremost, seek immediate medical assistance, even if your injuries appear minor initially. Certain severe injuries, such as internal bleeding or traumatic brain injuries, might not manifest symptoms right away. Swift medical evaluation safeguards your health and documents your injuries, which is vital for your legal claim.
If you are able, collect evidence at the accident scene. Take photos of your injuries, the vehicle that struck you, any damage to the vehicle, the surrounding area, and any traffic signs or signals. Get the name, contact information, insurance details, and license plate number of the driver who hit you. Talk to witnesses and get their contact information as well.
Once you’ve prioritized your health with necessary medical attention, it’s crucial to take the next step in protecting your rights. Reach out to a seasoned Kalispell pedestrian accident lawyer at Travis, Moore & Brann PLLP. We understand the complexities of pedestrian accident injury cases and offer complimentary, no-obligation consultations to review your situation.
During this consultation, our knowledgeable Kalispell pedestrian accident lawyers will carefully assess the details of your case and provide you with a clear understanding of your rights and legal options. Don’t hesitate to call us to speak with an attorney who can guide you through the legal process during this challenging time and help you pursue the justice and compensation you deserve.
Understanding Montana Pedestrian Rights
Montana law provides specific protections for pedestrians. Under Montana Code Section 61-8-502, pedestrians have the right-of-way in crosswalks and at intersections with traffic signals. Even when pedestrians do not have the right-of-way, such as when a person is crossing outside a marked crosswalk, drivers must still exercise due care to avoid colliding with them.
Sadly, drivers often fail to uphold this duty of care. They may be distracted by their cellphones, impaired by alcohol or drugs, exhausted from lack of sleep, or simply driving carelessly. When negligent drivers cause accidents that injure pedestrians, Montana law holds them liable for the consequences. Injured pedestrians can pursue legal action against the at-fault driver to secure compensation for their own medical treatment and expenses, lost wages, pain and suffering, and other related damages.
At Travis, Moore & Brann PLLP, we deeply understand the laws and regulations that protect pedestrian rights in Montana. We know how to investigate pedestrian accidents, gather evidence, and build strong cases demonstrating driver negligence. Our attorneys put this knowledge and experience to work to fight for the maximum compensation our clients are owed. If you have been hurt in a pedestrian accident in Kalispell, we are here to stand up for your rights.
Common Causes of Pedestrian Accidents in Kalispell
Pedestrian and car accidents can happen in various circumstances, but certain factors contribute to these collisions more frequently than others. Some common causes of pedestrian accidents in Kalispell include:
- Distracted driving
- Impaired driving
- Speeding
- Failing to yield the right-of-way
- Running red lights or stop signs:
- Turning without looking for pedestrians
- Backing up without checking mirrors
While pedestrians can take precautions like using crosswalks, obeying traffic signals, and wearing bright or reflective clothing, that is not always enough to protect them from negligent drivers. Pedestrians frequently endure severe injuries such as broken bones, spinal cord injuries, traumatic brain injury victims, back injuries, and internal organ damage. These injuries often lead to staggering medical expenses, prolonged periods of missed work, and enduring pain and suffering.
You should not have to bear these burdens if someone else is to blame for the car accident. Our team is dedicated to championing pedestrian safety and defending the rights of those harmed by negligent drivers. If a pedestrian accident has disrupted your life, we’re here to support you in seeking justice and compensation.
How to Claim Compensation After a Pedestrian Accident
Montana law entitles pedestrians harmed by careless or negligent actions of drivers to compensation for their losses. In a successful pedestrian accident claim, you may be able to recover money for:
- Medical bills: Compensation for all medical expenses related to the accident, including emergency room visits, hospitalizations, surgeries, doctor’s appointments, medications, medical equipment, and rehabilitation.
- Future medical expenses: If you require ongoing medical care or treatment due to your injuries, you can recover compensation for these anticipated medical costs.
- Lost income: Reimbursement for the wages you lose when your injuries prevent you from working.
- Reduced future earning capacity: If your injuries result in permanent impairments that impact your ability to work and earn a living, you can seek compensation for losing your future earning capacity.
- Pain and suffering: Compensation for the physical pain and emotional anguish you experience due to the accident and your injuries.
- Emotional distress: Money for the psychological impact of the accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), and sleep disturbances.
- Disability or disfigurement: Compensation for how permanent injuries, disabilities, or scarring affect your life and self-image.
- Loss of enjoyment of life: Damages for losing your ability to participate in activities and hobbies you previously enjoyed due to your injuries.
Proving the value of your pedestrian accident claim requires strong evidence of personal injury claims, the driver’s negligence, and the extent of your injuries and losses. The Kalispell pedestrian accident attorneys at Travis, Moore & Brann PLLP will investigate your accident to gather evidence such as accident scene photos, surveillance footage, police reports, medical records, and eyewitness statements. We often work with experts like accident reconstructionists, medical professionals, and lifecare planners to build robust cases for our clients. With our legal team on your side, you can feel confident you have skilled advocates fighting for every dollar you deserve.
Why You Need a Pedestrian Accident Lawyer For Your Claim
In many cases, we can negotiate fair settlements with an at-fault driver’s insurance company to under personal injury law avoid the need for a trial. However, if the insurer refuses a reasonable offer, we will not hesitate to take your case to court. Our attorneys are skilled litigators with a track record of successful legal representation in the courtroom. We can mediate and negotiate with insurance companies on your behalf to get you the best possible settlement offer for your claim.
It’s critical to note that Montana imposes a three-year statute of limitations for most personal injury lawsuits, including claims related to pedestrian accidents. You must initiate a personal injury lawsuit here within three years from the accident date. Failure to meet this deadline could result in the court dismissing your case. That’s why it’s imperative to consult with a pedestrian accident lawyer in Kalispell promptly to safeguard your entitlement to compensation.
Legal Options for Pedestrian Accident Victims in Montana
Injured pedestrians may have several options for pursuing compensation after an accident. First, the at-fault driver’s liability insurance policy should provide coverage for medical bills, lost income, pain and suffering, and more. However, this may not be the only avenue for compensation. For instance, if the driver was working at the time of the incident, you might pursue compensation for personal injury from their employer under the principle of vicarious liability. This legal doctrine imposes liability on employers for the negligent actions of their employees while performing their job duties.
In accidents caused by negligent government employees, such as a city bus driver, or dangerous road conditions due to improper road maintenance, you may have a claim against a government entity. However, there are special rules and tighter filing deadlines for these serious personal injury cases. Montana law requires you to provide written notice of your claim within 180 days of the accident. Given these complexities, consulting with a pedestrian accident attorney as soon as possible is crucial if you believe a government entity may be liable for your injuries.
Contact a Pedestrian Accident Lawyer in Kalispell
At Travis, Moore & Brann PLLP, we have extensive experience handling complex pedestrian accident cases involving various legal issues. Our experienced attorneys know how to identify all potential sources of compensation and build cases that maximize our client’s financial recovery. When you work with legal professionals at our firm, you can have peace of mind knowing you have a skilled legal advocate in your corner helping you understand and fight for your rights.
If you or someone you love has been injured in a pedestrian accident in Kalispell or anywhere in Montana, contact Travis, Moore & Brann PLLP today to schedule a free consultation with our team of knowledgeable attorneys for personal injury cases. Our law firm in Kalispell, Montana, will review your case, answer your questions, and explain your legal options. Call (406) 752-7550 or contact us online to get started with your free case evaluation.