Helena, MontanaHelena Pedestrian Accident
Helena Pedestrian Accident Lawyers: People Hit by Cars Downtown, Near the Capitol and on Helena’s Arterials
Boland Aarab PLLP.
If a driver hit you while you were walking in Helena, Montana law generally puts the duty on that driver: yield at crosswalks, and use due care everywhere. Helena pedestrian cases are usually reported to the Helena Police Department and filed, if necessary, in the First Judicial District Court. Your own auto policy may pay after a hit-and-run.
Key Takeaways
- Where there is no working signal, drivers must yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections (§ 61-8-502, MCA).
- Even outside a crosswalk, drivers must use due care to avoid hitting a pedestrian (§ 61-8-504, MCA).
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
Hit by a vehicle while walking in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where are pedestrians at risk in Helena?
Helena is a walking city in a way most Montana towns are not. As the capital, it has a steady flow of state workers and visitors on foot between offices, parking lots and downtown every workday. The places we look at first in a Helena pedestrian case:
- Downtown and Last Chance Gulch. Helena’s historic main street and its pedestrian mall draw workers, shoppers and visitors. The streets that feed it have on-street parking, delivery trucks and drivers hunting for spaces. Mid-block crossings and pedestrians stepping out between parked cars are routine.
- The Capitol and state office buildings. State employees and visitors cross busy streets between the Capitol, agency offices and their parking lots, often at shift change and in winter darkness.
- The principal arterials. Montana Avenue, Prospect and 11th Avenues, Cedar Street, Custer Avenue, North Benton Avenue and Euclid and Lyndale Avenues carry the city’s heaviest traffic, with wide intersections and turning drivers watching for cars rather than people.
- Carroll College and the schools. Students walk along and across North Benton Avenue near campus, and children cross neighborhood streets to Helena’s schools.
- Bus stops. Helena’s Capital Transit riders walk to and from stops along the arterials.
- Winter. Snow berms push walkers into the street, ice slows everyone down, and for months the evening commute happens in the dark. Drivers must adjust to those conditions. Low visibility makes due care more important, not less.
What happens after a pedestrian accident in Helena?
At the scene. A driver who hits a pedestrian must stop, give information and help, and must remain until police allow them to leave when someone is hurt (§§ 61-7-103, 61-7-105, MCA). Inside Helena, the Helena Police Department usually responds and prepares the crash report, available through its Records section. Outside city limits, it is usually the Lewis and Clark County Sheriff’s Office or the Montana Highway Patrol.
Treatment. Pedestrians hit by vehicles are often badly hurt, with fractures, head injuries and internal injuries. In Helena, they are usually taken to St. Peter’s Health, a DPHHS-designated State Area Trauma Hospital. The most serious cases may be transferred to a Level 2 center in Great Falls or Missoula.
Evidence. Downtown businesses, state buildings and buses may have cameras, and that footage is often recorded over quickly. Witness names, photos of the crossing and the lighting, and the vehicle’s damage all matter. We move to preserve video early.
Hit-and-run. If the driver fled or has no insurance, your own uninsured motorist coverage may pay, even though you were walking. Every Montana auto policy must include UM coverage unless the named insured rejected it (§ 33-23-201, MCA).
Court. Unresolved claims are filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway. If the driver is from out of state, the case may be moved to the U.S. District Court’s Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street. If a State or city vehicle was involved, as happens in a capital city, written notice must be given first (§ 2-9-301, MCA), and government damages are capped (§ 2-9-108, MCA).
Montana law that applies
Drivers must yield in crosswalks where there is no working signal (§ 61-8-502, MCA), and must use due care toward every pedestrian (§ 61-8-504, MCA). A pedestrian who crossed outside a crosswalk can still recover if their share of fault is not greater than the driver’s, reduced by their percentage (§ 27-1-702, MCA). Most claims have a 3-year deadline (§ 27-2-204, MCA). Our Montana pedestrian accident lawyer page has the details.
Why hire a Great Falls firm for a Helena case?
Pedestrian cases are often fought over fault: where you crossed, what you wore, whether the driver could have seen you. Winning them takes investigation, reconstruction and a lawyer ready to try the case. We are based in Great Falls and represent injured people across Montana. We will come to you in Helena, including in the hospital or at home, and our attorneys handle the depositions, hearings and trial in Helena themselves.
The Boland Aarab Way
- We protect verdicts. A Phillips County jury awarded our client $168,500 after a crash, and the verdict was thrown out. We had it reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
- We try cases. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- You work with the lawyers. The attorneys who take your first call are the ones who handle your case.
We also handle car accidents in Helena, wrongful death cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
I was hit crossing mid-block downtown. Can I still recover? Often, yes. Drivers must use due care toward pedestrians even outside crosswalks (§ 61-8-504, MCA). Your recovery may be reduced by your share of fault, but it is barred only if your fault was greater than the driver’s.
The car that hit me near the Capitol was a state vehicle. What changes? You can bring a claim against the State, but it must first be presented in writing to the Department of Administration, and damages are capped (§§ 2-9-301, 2-9-108, MCA).
The driver left the scene. Who pays? Your own uninsured motorist coverage may apply, even though you were on foot. Report the crash to the Helena Police Department right away and keep the report number.
How do I get the Helena police report? Through the Helena Police Department’s Records (Support Services) section. If the Sheriff or Highway Patrol responded, request it from that agency.
Is there video of my crash? Possibly, from businesses, state buildings, buses or doorbell cameras. Much of it is overwritten within days or weeks, so ask a lawyer to request it quickly.
Talk to a Helena Pedestrian Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 61-8-502, MCA · § 61-8-504, MCA · § 61-7-103, MCA · § 61-7-105, MCA · § 33-23-201, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 2-9-301, MCA · § 2-9-108, MCA · Helena Police Department Records
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
