Why Pedestrian Crashes Are So Severe
When a vehicle strikes a person on foot, the human body has no protection against the impact. Pedestrian-accident victims often suffer traumatic brain injuries, spinal damage, multiple fractures, and internal injuries, and recovery can take months or years. In Montana, long winter darkness, snow-narrowed roads and shoulders, and icy crossings make walking especially dangerous — particularly in the early-dark months and along rural highways without sidewalks.
Driver Duties and Liability
Montana drivers have a legal duty to exercise reasonable care to avoid striking pedestrians, to yield at marked and unmarked crosswalks, and to adjust to conditions such as darkness and weather. When a driver is distracted, speeding, impaired, or simply not paying attention, and a pedestrian is hurt, the driver may be liable. Even where a pedestrian shares some fault, Montana's modified comparative negligence rule (Mont. Code Ann. § 27-1-702) allows recovery as long as the pedestrian was less than 51% at fault, reduced by their share.
Protecting Your Claim
After a pedestrian crash, get medical care immediately, obtain the police report, photograph the scene and your injuries, and collect witness information. Avoid giving recorded statements to the driver's insurer before consulting an attorney. Montana's three-year statute of limitations applies, but early action preserves the evidence your case depends on.
Montana deadline: Most pedestrian accident claims must be filed within three years from the date of injury under the statute of limitations. Evidence fades fast — don't wait to learn your rights.
Pedestrian Accident FAQs in Montana
Often yes. Drivers owe a duty of care even when a pedestrian makes a mistake. As long as you were less than 51% at fault, you can recover, reduced by your share.
You may still have a claim. Drivers must exercise reasonable care to avoid pedestrians everywhere, not only at crosswalks. The facts determine fault.
Generally three years from the date of injury under Montana law. Acting early helps preserve evidence.