Great Falls Pedestrian Accident Lawyer

Practice areaPedestrian Accident

Great Falls & Montana Pedestrian Accident Lawyers: Pedestrian Crashes, Crosswalk Collisions, Hit-and-Runs and Parking-Lot Injuries

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If a driver hit you while you were walking in Great Falls or anywhere in Montana, you can usually recover from that driver’s insurance, and if the driver fled or had no insurance, from your own. Montana drivers must yield to pedestrians in crosswalks and use due care everywhere. You generally have three years to file.

Key Takeaways
Where there is no working signal, drivers must yield to a pedestrian in a marked crosswalk or an unmarked crosswalk at an intersection (§ 61-8-502, MCA).
Even outside a crosswalk, drivers must use due care to avoid hitting a pedestrian (§ 61-8-504, MCA).
A driver who hits someone must stop, give information and help (§§ 61-7-103, 61-7-105, MCA).
Your own uninsured motorist coverage may pay after a hit-and-run, even though you were on foot.
Most injury claims must be filed within 3 years (§ 27-2-204, MCA).

On this page: Crosswalk right-of-way · Outside a crosswalk · Common crashes · Hit-and-run · UM coverage · Parking lots · What to do · Damages and deadlines · Why Boland Aarab · FAQ

Hit by a car while walking, or lost a loved one in a pedestrian crash? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Who has the right of way in a Montana crosswalk?

The pedestrian does, in most situations. When traffic signals are not in place or not working, a driver must yield the right-of-way, slowing or stopping if needed, to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection (§ 61-8-502, MCA).

The same statute adds several protections:

No passing a stopped car at a crosswalk. When one vehicle has stopped for a pedestrian, a driver coming from behind may not pass it.
Flashing pedestrian beacons. When a pedestrian has activated a flashing crosswalk device and is present, drivers must yield and stay stopped until the person has crossed.
School crossings. Drivers may not go through a column of schoolchildren or past a crossing guard holding a stop sign.
Penalties. A driver who violates the statute commits the offense of endangerment of pedestrians.

Every intersection has a crosswalk, even without paint. Montana law defines a crosswalk to include the area at an intersection that connects the sidewalks on opposite sides, as well as any area marked for crossing (§ 61-8-102, MCA).

Pedestrians have duties too. A pedestrian may not suddenly leave the curb into the path of a car so close that the driver cannot yield (§ 61-8-502(1)). Insurers often raise that rule, so the timing and distance evidence matters.

What if I was not in a crosswalk?

You may still have a strong claim. A pedestrian crossing outside a crosswalk must yield to vehicles (§ 61-8-503, MCA), but every driver must still exercise due care to avoid hitting a pedestrian, sound the horn when needed and take extra care around children and people who are confused or impaired (§ 61-8-504, MCA).

Under Montana’s comparative-fault law, a pedestrian who was partly at fault can still recover, as long as that share is not greater than the combined fault of the people being sued. The recovery is reduced by the pedestrian’s percentage (§ 27-1-702, MCA). A driver who was speeding, distracted or not looking can bear most of the fault even when the pedestrian crossed mid-block.

What kinds of pedestrian crashes do we handle?

We represent people hurt, and families who lost someone, in:

Crosswalk crashes, including drivers who turn left or right into a person crossing.
Mid-block and rural-highway crashes, often at night.
Hit-and-run crashes.
Backover and parking-lot crashes at stores, restaurants, schools and apartment complexes.
Driveway and sidewalk crashes, when a driver pulls out without looking.
School-zone and bus-stop crashes involving children.
Crashes involving commercial vehicles, such as delivery vans and trucks.
Crashes caused by drunk or distracted drivers.
Wheelchair and mobility-device users. Montana law treats a person in a wheelchair as a pedestrian (§ 61-8-102, MCA).
Fatal crashes, where we bring wrongful death and survival claims for the family.

What if the driver who hit me drove away?

You can still recover. A hit-and-run driver has broken Montana law, and your own insurance may cover you.

A driver who knows or should know they were in a crash with a person must stop at or near the scene, stay there, give their name, address and registration, show their license on request, and give reasonable help, including getting the injured person to medical care (§§ 61-7-103, 61-7-105, MCA). Leaving is a crime.

After a hit-and-run:

Report it to police right away. Many policies require prompt reporting for hit-and-run coverage.
Write down everything you remember: color, make, direction of travel, partial plate, damage.
Look for cameras. Businesses, homes, traffic cameras and buses may have video, but many recordings are erased within days.
Notify your own insurer in writing, and talk with a lawyer before giving a recorded statement.

If police find the driver, the claim runs against that driver’s insurance. If not, your uninsured motorist coverage is often the main source of recovery.

Does my own insurance cover me as a pedestrian?

Often, yes. Uninsured motorist (UM) and underinsured motorist (UIM) coverage generally protect the people insured under a policy when they are hurt by an uninsured, hit-and-run or underinsured driver, and many policies cover insureds while walking, not only while driving.

Montana requires insurers to offer UM coverage on every auto liability policy for a vehicle registered and garaged in the state, unless the named insured rejects it (§ 33-23-201, MCA).
Household coverage may apply. Policies often cover the named insured and relatives living in the same home. A person who does not own a car may still be covered under a family member’s policy.
Medical payments coverage on an auto policy may help pay medical bills regardless of fault.
Hit-and-run rules vary by policy. Some policies have reporting deadlines or other conditions for hit-and-run claims.

The policy language decides who is covered and how much. We gather every policy in the household and read them all. Your own insurer owes you duties too, and if it refuses to pay a fair claim, that is part of our work.

What if I was hit in a parking lot?

You can still bring a claim. Parking-lot crashes are handled a little differently, but drivers still owe everyone ordinary care.

Many traffic statutes apply only on “highways.” Montana’s rules of the road generally apply to the operation of vehicles on highways, which the law defines as publicly maintained ways open to vehicle travel (§§ 61-8-101, 61-1-101, MCA). A private parking lot usually is not one.
Ordinary negligence still applies. Every person is responsible for injuries caused by a lack of ordinary care (§ 27-1-701, MCA). Backing without looking, speeding through the lot or cutting across parking rows can all be negligent.
DUI laws reach further. Montana’s DUI statutes apply on all ways of the state open to the public (§ 61-8-101, MCA).
The property owner may share responsibility, for example where poor lighting, missing crosswalk markings or a badly designed traffic flow contributed.
Store video disappears fast. Ask the business in writing to keep its video, or call us so we can send a preservation letter.

What should you do after being hit by a car?

Get medical care and follow up. Pedestrian injuries are often more serious than they seem at first.
Call 911 so police make a report.
Get the driver’s name, plate and insurance, and witness names and numbers.
Take photos of the scene, the crosswalk, signals, lighting, the car and your injuries.
Keep your shoes and clothing from the crash.
Ask nearby businesses to save video.
Do not give a recorded statement to any insurer before speaking with a lawyer.

What can you recover, and how long do you have?

A pedestrian can recover medical expenses now and in the future, lost earnings and earning capacity, pain and suffering, and loss of the established course of life. When a pedestrian dies, the family may bring wrongful death and survival claims (§§ 27-1-513, 27-1-501, MCA).

Pedestrian crashes often cause traumatic brain injuries, spinal cord injuries, leg, pelvis and hip fractures, and catastrophic injuries that require a lifetime of care.

Deadlines:

3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
Claims against the State, a county or a city, for example over a dangerous crossing, must be presented in writing first (§ 2-9-301, MCA).
Insurance-policy deadlines for reporting a hit-and-run can be much shorter. Read your policy or call us.

The Boland Aarab Way

We are trial lawyers. We prepare every serious case to be tried and to survive appeal, because insurers treat cases differently when they know that.

We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in a rear-end crash case (Voegel v. Salsbery, 2023 MT 137).
We hold public entities accountable. A jury returned a $115,000 net verdict for our client on a municipal negligence claim (Jack v. City of White Sulphur Springs).
We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results and our appellate record, which reaches back to 1977.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case personally. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Samir is also a member of Public Justice.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle pedestrian accident cases?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle pedestrian cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle car accident and bicycle accident cases.

Pedestrian accident cases across Montana

We are based in Great Falls and handle pedestrian accident cases statewide. Local information for each city:

Frequently Asked Questions

Do pedestrians always have the right of way in Montana? Not always. Drivers must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections (§ 61-8-502, MCA), but a pedestrian crossing elsewhere must yield to vehicles (§ 61-8-503). Drivers must use due care to avoid hitting a pedestrian in every case (§ 61-8-504).

Is there a crosswalk if there are no painted lines? Yes, at an intersection. Montana law defines a crosswalk to include the connection between the sidewalks on opposite sides of an intersection, painted or not (§ 61-8-102, MCA).

What if I was jaywalking when I was hit? You may still recover. Your recovery is reduced by your share of fault, and barred only if your fault is greater than the combined fault of those you sue (§ 27-1-702, MCA).

Who pays if I was hit by a hit-and-run driver? If the driver is never found, your own uninsured motorist coverage, or a household member’s, is often the main source of payment. Report the crash to police and your insurer quickly.

Does car insurance cover me if I don’t own a car? Possibly. Many policies cover relatives who live in the named insured’s household, even while walking. We review every policy in the home.

Can I sue for a parking-lot accident in Montana? Yes. Many traffic statutes apply only on public highways, but every driver owes ordinary care everywhere (§ 27-1-701, MCA), and the property owner may share responsibility.

How long do I have to file a pedestrian accident claim in Montana? Generally 3 years (§ 27-2-204, MCA). Claims against a government entity require written presentation first, and insurance policies may have shorter reporting deadlines.

Talk to a Great Falls Pedestrian Accident Lawyer