Edmiston and Colton Law Firm - Personal Injury

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in Billings, Montana

Elderly pedestrian killed in Billings accident


When a pedestrian is struck by a full-size pickup truck the outcome is likely to be tragic. Unfortunately that was the case in a recent late-morning accident in Billings.

According to the Billings Police Department, a 30-year-old man was driving a Ford F-350 pickup on 8th Street West. As he turned to go westbound on Grand Avenue, he allegedly struck a 72-year-old man who was crossing the street. The elderly man was killed.

Police conducted an accident investigation and interviewed the driver of the pickup. They say it does not appear alcohol or drugs were involved.

When a person is killed in a car accident, their next of kin have the right to bring a lawsuit against a negligent driver who caused the accident. Negligence is the failure to exercise the care a reasonable person would exercise in the same circumstances. If a driver is distracted and fails to keep a proper lookout for pedestrians, that is negligence. Speeding, or failing to yield the right of way to a pedestrian in a crosswalk are other examples of negligence.

In a case involving a wrongful death, the family can recover damages for funeral and medical expenses, loss of support and loss of companionship. The negligent driver's insurance company will be responsible for paying any damages, up to the liability limits of the policy. No amount of money will bring back a family member who was killed in a tragic accident. But a wrongful death recovery can help a family cope with the financial fallout of an accident, and give them a sense of justice being done.

Source: KULR8.com, "Fatal Pedestrian vs. Vehicle Accident," Katharine MacKnight, Aug. 28, 2013

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