Our thoughts and prayers go out to the family of Luella B. Scott, a 94-year-old Kalispell woman who was the victim of a Pedestrian v. Car accident as she was struck by a Suburban while crossing Center Street in front of Kalispell Center Mall.
The Daily Inter Lake reported Bruce Jones of Kalispell was driving behind the westbound Suburban on Center Street when the collision occurred just before 2 p.m.
“This elderly woman was just crossing the street and the guy ahead of me didn’t see her, I guess,” said Jones, who estimated the woman was thrown about 50 feet. “It was awful. My daughter is 12, and she saw it, too, and she’s all shook up.”
Pedestrian accidents, unfortunately, happen often in Kalispell and Montana. Bliven Law Firm, P.C. has helped injured pedestrians in other pedestrian accidents near Center Street and downtown Kalispell recover the compensation they are legally entitled to under Montana and Oregonlaw.
Pedestrians have the right of way while crossing in marked or unmarked crosswalks in Montana.
61-8-502. Pedestrians’ right-of-way in crosswalk — school children. (1) (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503 (2).
While crossing at an unmarked crossing, both drivers and pedestrians have duties:
61-8-503. Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(3) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
61-8-504. Operators to exercise due care. Notwithstanding 61-8-501 through 61-8-503, an operator of a vehicle shall exercise due care to avoid colliding with a pedestrian or with a person propelling a human-powered vehicle or using an assistive mobility device upon a roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing a child or any obviously confused, incapacitated, or intoxicated person upon a roadway.
In addition to Montana and Oregonpedestrian laws, Kalispell has ordinances governing pedestrian crossing near downtown including the Kalispell Center Mall.
17-107 Duty of Drivers of Vehicles to Exercise Due Care.
Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (Ord. 679 § 4)
17-106 When Pedestrian to Yield Right-of-Way; Designation of Streets.
A. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk in an intersection shall yield the right-of-way to all vehicles upon the roadway.
B. No pedestrian shall cross a roadway other than in a crosswalk on the following streets and designated areas thereof:
1. Main Street, from the Sixth Street intersection to Idaho Street intersection, including the aforesaid intersections.
2. First Avenue West, from the Fourth Street intersection to the Center Street intersection, including the aforesaid intersections.
3. First Avenue East, from the Fourth Street intersection to the Center Street intersection, including the aforesaid intersection.
4. Third Avenue East North, from the Idaho Street intersection to the Montana and OregonStreet intersection, including the aforesaid intersections.
5. Idaho Street or U.S. Highway 2, from the Fifth Avenue West intersection to the Seventh Avenue East intersection, including the aforesaid intersections.
6. Eighth Street East, at the east side of the intersection with Fifth Avenue East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour.
7. Ninth Street East, at the east side of the intersection with Fifth Avenue East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour.
8. Second, Third, and Fourth Avenues East, at the south side of the intersection with Ninth Street East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour. (Ord. 679 § 3; and. Ord. 1514, 10-18-2004)
17-105 Right-of-Way in Crosswalks; Passing Vehicle Stopped in Crosswalk to Permit Pedestrians to Cross.
A. Yield Right-of-Way: When traffic control signals are not in place or are not in operation, the driver of the vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in Section 17-106 of this article.
B. Overtaking, Passing: Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (Ord. 679 § 2)
If you or a family member has been injured as a pedestrian while crossing a street in Kalispell or elsewhere in Montana, contact our offices for a FREE CONSULTATION.
Bliven Law Firm, P.C., a Kalispell law firm, has helped innocent victims, and their families, receive the compensation they are entitled to under Montana and Oregonlaw for over 35 years.