Pedestrian Accident Claims in Montana
When drivers in Montana must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where there is no working traffic signal, drivers must yield (slowing or stopping if needed) to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, but a pedestrian may not suddenly step into the path of a vehicle too close to stop. Mont. Code Ann. §§ 61-8-502, 61-8-503, 61-8-501
| Pedestrian right-of-way | Where there is no working traffic signal, drivers must yield (slowing or stopping if needed) to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, but a pedestrian may not suddenly step into the path of a vehicle too close to stop. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and must yield at a flashing pedestrian-activated crossing when a pedestrian is present. A pedestrian crossing anywhere other than a crosswalk must yield to vehicles, and between two adjacent signalized intersections pedestrians may cross only in a marked crosswalk. Cities may ban crossing outside crosswalks by ordinance. Crossing elsewhere: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0050/section_0030/0610-0080-0050-0030.html ; local ordinances: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0050/section_0010/0610-0080-0050-0010.html |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence. Source: Mont. Code Ann. § 27-1-702 |
| Minimum car insurance | Owners must continuously carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage. Mandatory coverage: https://leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0030/section_0010/0610-0060-0030-0010.html |
| Deadline to sue for an injury | Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. |
More Montana personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Montana
- Wrongful Death Lawsuits in Montana
- Medical Malpractice Rules in Montana
- Car Accident Claims in Montana
- Dog Bite Liability in Montana
- Slip, Trip and Fall Injuries in Montana
- Sidewalk and Public Property Falls in Montana
- Motorcycle Accident Claims in Montana
- Bicycle Accident Claims in Montana
- Uber and Lyft Accident Claims in Montana
- Truck Accident Claims in Montana
- Construction Site Injuries in Montana
- All Montana personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Montana?
Where there is no working traffic signal, drivers must yield (slowing or stopping if needed) to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, but a pedestrian may not suddenly step into the path of a vehicle too close to stop. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and must yield at a flashing pedestrian-activated crossing when a pedestrian is present. A pedestrian crossing anywhere other than a crosswalk must yield to vehicles, and between two adjacent signalized intersections pedestrians may cross only in a marked crosswalk. Cities may ban crossing outside crosswalks by ordinance.
Can you recover damages if you were partly at fault in Montana?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence.
What is the minimum car insurance required in Montana?
Owners must continuously carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage.
What is the statute of limitations for personal injury in Montana?
Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.