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Back to all postsWhen most people think of car accidents, they picture two or more cars that collide. However, vehicle vs. pedestrian accidents happen more often than you think. These types of collisions can cause severe injuries and even result in fatalities. Depending on the insurance coverage purchased by the driver at fault, the pedestrian may be entitled to compensation.
Crash Statistics
According to the National Highway Traffic Safety Administration, Montana ranked 31 for pedestrian fatality rates in 2022. The data shows that 18 pedestrians were killed or 1.6 for every 100,000 people. The counties with the most pedestrian fatalities were Big Horn (4 fatalities) and Missoula (4 fatalities).
The Montana Department of Transportation published a report outlining the state’s data from 2011-2020. In 2020 Montana had 17 pedestrian fatalities and 26 serious injuries. The total amount of fatalities and serious injuries fluctuates each year but the average from 2016-2020 was 47.
After the Collision
If you have been in a pedestrian vs. vehicle collision it is important you take the proper next steps. If you’ve been injured, call 911 and wait for emergency responders to arrive. Be sure to give a detailed statement of what happened to the police. If you’re injured, go to the emergency room. The process is similar to that of a vehicle vs. vehicle collision.
Providing the police with all of the relevant details helps ensure that the police report reflects the events properly. Any insurance adjuster or attorney will want to look at the police report in their investigation. Conflicting statements can make liability for the incident unclear.
It is important that you get treatment for your injuries as soon as possible. Having a link between the collision and your injuries can be extremely beneficial for a claim. It is equally important that you follow the doctor’s advice. Complying with medical treatment and having a record of your progress can help you maximize your potential claim’s value.
Insurance Coverage
Hospital bills for injuries sustained as a pedestrian struck by a car can get expensive. From imaging to surgeries, the treatment can be extensive. If the driver was at fault when the pedestrian was hit, there may also be a claim for compensation.
If the driver at fault purchased bodily injury coverage, there may be compensation available. Montana law requires policy limits to be a minimum of $25,000.00 per person/$50,000.00 per incident. This is just the minimum and can be much higher. Filing a claim with the driver’s insurance company can give you access to this coverage to help pay your medical bills.
In addition to bodily injury coverage, some negligent drivers may have purchased umbrella coverage. This provides insurance coverage beyond the automobile liability limits of coverage. This is especially important when the vehicle/pedestrian collision causes surgery, and/or a lengthy hospital stay, or in some cases death. However, umbrella coverage is not required in Montana. Insurance companies are often reluctant to share with the injured person that their policyholder purchased umbrella coverage. This coverage could provide $1 million or more in funds available to the injured pedestrian.
Collisions like this often lead to severe injuries, pain and suffering, mental anguish, and a lot of lost time from work. All of which form the basis of a personal injury claim. In extreme cases collisions of this nature can cause death leading to a wrongful death and survival action. It is important that you consult an experienced attorney to discuss you or your loved one’s options to seek compensation.
Be Mindful
If you are walking in a highly travelled area, it is important that you be vigilant and aware of the cars around you. Unfortunately, distracted drivers are quite common. Whether you are crossing at a guided crosswalk or in a neighborhood without traffic lights, make sure it is safe. Keep in mind, drivers can sometimes have a hard time spotting pedestrians when it is dark outside. Reflective tape will definitely help you be more visible. Especially watch out for any cars that are turning. Often, they do not see the pedestrian in the crosswalk and are focused upon traffic around them.
If you or a loved one have been struck by a vehicle while walking and would like help please contact us at (406) 549-3323 today for a free consultation.