Missoula, MontanaMissoula Pedestrian Accident
Missoula Pedestrian Accident Lawyers: Crosswalk, Hit-and-Run and Bus-Stop Injuries in Missoula County
Boland Aarab PLLP.
When a car hits someone on foot, the person walking almost always takes the worst of it. In Missoula, where students, bus riders and downtown visitors walk year-round, drivers must yield in crosswalks and use care everywhere else. If you or a family member was struck, you may have a claim against the driver and, after a hit-and-run, against your own insurance. Most claims are filed in the Fourth Judicial District Court.
Key Takeaways
- Where there is no working signal, drivers must yield to a pedestrian in a marked or 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).
- Your own uninsured motorist coverage may pay after a hit-and-run, even though you were on foot.
Struck by a vehicle while walking in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where are pedestrians most at risk in Missoula?
Missoula is a walking city by design and by habit, and that puts a lot of people in the street:
- Bus riders. Mountain Line, Missoula’s transit system, has been zero-fare since January 2015 (Mountain Line). Every bus trip starts and ends on foot, and many stops sit on busy arterials like Brooks Street, Reserve Street and Russell Street, where riders must cross four or more lanes.
- Students. Thousands of University of Montana students walk between campus, the University District, downtown and the Hip Strip along South Higgins. Evening and late-night walking is common, often in the dark.
- Downtown. Higgins Avenue, Front Street, Broadway and the bridges over the Clark Fork carry heavy foot traffic from restaurants, events and the farmers markets. The City’s Higgins Avenue Corridor Plan, part of the federally funded Downtown Safety–Access–Mobility project, is aimed at making that corridor safer for people walking as well as driving (Engage Missoula).
- Big commercial corridors. Reserve Street and Brooks Street were built for cars, with wide intersections, long blocks between signals and frequent turning traffic. Pedestrians crossing mid-block or at unsignaled intersections face drivers focused on gaps in traffic, not on people.
The City of Missoula has adopted a Vision Zero policy, with a goal of zero traffic deaths and serious injuries. That goal is a policy, not a legal standard, but the city’s own safety planning can be useful evidence when a street design or a missing crosswalk played a role.
Season matters. From November through February, Missoula commuters walk home in the dark. Winter inversions can hold haze and low cloud in the valley (Missoula Public Health), and snowbanks narrow sidewalks and hide people at corners. Drivers must adjust for all of it.
What happens after a pedestrian accident in Missoula?
The police report. Inside city limits, the Missoula Police Department investigates. If the driver fled, the police report and any video are the starting point for finding them, so call police immediately and ask nearby businesses to keep their recordings. Outside city limits, on county roads or highways, the Montana Highway Patrol investigates.
Hit-and-run. A driver who hits a pedestrian must stop, give information and help (§§ 61-7-103, 61-7-105, MCA). If the driver is never found, your own uninsured motorist coverage, and sometimes a household member’s policy, may pay. Those policies often have prompt-notice requirements.
Medical care. Pedestrians hit by vehicles often have fractures, head injuries and internal injuries. In Missoula, they are usually treated at Providence St. Patrick Hospital, the ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS).
The court. A case that does not settle is filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway, with a Missoula County jury. A claim against an out-of-state driver or company may be moved to the Missoula Division of the federal court, at the Russell Smith Federal Courthouse (U.S. District Court, Missoula). If the claim involves a city street design or a missing sidewalk, written notice to the City or County comes first (§ 2-9-301, MCA).
Montana law that applies
- Drivers’ duties at crosswalks and everywhere else are set out in §§ 61-8-502 and 61-8-504, MCA.
- Shared fault: crossing outside a crosswalk does not automatically defeat a claim. Your recovery is reduced only by your share, unless that share is greater than that of those responsible (§ 27-1-702, MCA).
- Deadline: generally 3 years (§ 27-2-204, MCA).
For more, see our Montana pedestrian accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle pedestrian cases statewide. These cases often require quick action, including tracking down video, identifying a fleeing driver and finding every insurance policy, and that work does not depend on having an office down the street. Our attorneys travel to Missoula for depositions, hearings and trial, and we can meet you at the hospital, at home or by video.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We hold local governments accountable. We won a $115,000 net jury verdict against a city for municipal negligence (Jack v. City of White Sulphur Springs).
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 verdict we won (Voegel v. Salsbery, 2023 MT 137).
- You work with the lawyers. The attorneys handling your case take your calls.
We also handle Missoula car accident and Missoula bicycle accident cases, and other Missoula personal injury claims.
Frequently Asked Questions
I was hit walking to a Mountain Line stop on Brooks Street. Who pays? Usually the driver’s liability insurer, and then your own underinsured coverage if the driver’s limits are too low. If the bus itself was involved, different notice rules may apply because Mountain Line is a public transit district.
Can I still recover if I crossed Reserve Street outside a crosswalk? Possibly. Drivers must still use due care, and Montana reduces, rather than bars, recovery when a pedestrian shares fault, as long as their share is not greater.
What should I do after a hit-and-run in downtown Missoula? Call 911, get medical care, and report it to the Missoula Police Department. Ask nearby businesses to save their video, and notify your own insurer promptly.
Does Missoula’s Vision Zero policy help my case? It is not a law that creates liability, but the city’s safety plans can be evidence that a hazard was known, especially in a claim involving street design.
Where would my Missoula pedestrian case be heard? Usually in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway, before a Missoula County jury.
Talk to a Missoula Pedestrian Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
