When operating a motor vehicle, Montana drivers are expected to obey all traffic rules and speed limits, to pay attention to their surroundings, and to maintain a lookout at all times for other vehicles and pedestrians. When the roadways are affected by natural conditions, like rain, extra care must be taken.
However, one Billings truck driver may not have accounted for roads slick from morning rain. The driver was turning from Division onto Montana when he lost control and struck an elderly pedestrian, who died shortly thereafter. The truck accident happened early in the morning hours at the corner of Montana Avenue and Division Street. Although local police are investigating, no charges have been brought and the investigation is ongoing.
In any motor vehicle accident case, whether for wrongful death or serious injury, the person bringing the claim must prove the other driver was at fault. In accident cases, the concept of fault is referred to as negligence, a legal principle which holds all persons accountable to a standard of reasonable care as they go about their daily activities. This is often referred to as the “reasonable person” standard: we are held to the standard of what a reasonable person would do in the same circumstances.
When the reasonable person standard is violated, the driver may be held responsible in a civil lawsuit. If you or a loved one has suffered a serious injury because of a truck driver’s negligence, you may have the right to compensation. An attorney can review the facts of your case and guide you through the process of filing an insurance claim or a civil lawsuit.
Source: Billings Gazette, “Pedestrian hit, killed by pickup on Montana Avenue,” Zach Benoit, June 20, 2012
At Colton Holm Law Firm, we look forward to learning how we can help you resolve your legal concern.Call us today: (406) 259-9986