Bliven Law Firm, P.C.

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Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

Month: December 2011

94 YEAR-OLD KALISPELL WOMAN DIES CROSSING CENTER STREET

4ef3b84b8f327.preview-300Our thoughts and prayers go out to the family of Luella B. Scott, a 94 year old Kalispell woman who was the victims 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 compensation they are legally entitled to under Montana law.

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 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 an obviously confused, incapacitated, or intoxicated person upon a roadway.

In addition to Montana pedestrian 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 Street 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; amd. 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 compensation they are entitled to under Montana law for over 25 years.

3 MILES CITY MEN DIE IN FATAL CAR ACCIDENT IN ROSEBUD COUNTY

Rosebud County Undersherriff Arlan Thingvold said a vehicle carrying four Miles City Men, passed barricades and drove off the Sand Creek bridge and landed in a deep Ravine in Rosebud County.

The Miles City car accident victims were found Monday at approximately 8:00 a.m. with the vehicle upside down.

Authorities are uncertain when the crash occurred.

Autopsies will be performed on the deceased.

For more information, click here

HIGH SPEED CHASE RESULTS IN PASSENGER’S DEATH

Authorities reported that a Hardin man, a passenger in a high-speed chase, died on Friday after the vehicle was in struck a ditch and flipped end over end.

Montana Highway Patrol Trooper Eric Winburn said a deputy tried to pull over a pickup after watching it swerve in Hardin shortly after 11:45 p.m. Thursday.

The driver then commenced a high speed chase and proceed on Secondary Highway 313.

Before the car accident, speeds reached 100 m.p.h.

For more information click here

For over 25 years, the personal injury attorneys at Bliven Law Firm, P.C. have been helping the family members of wrongful death victims. Nothing is harder than trying to grieve the untimely and unfortunate loss of a family member involved in a wrongful death car accident in Montana.

At Bliven Law Firm, P.C., a Montana law firm, with three lawyers, we help the families of wrongful death victims in Montana cities like Billings, Great Falls, Kalispell, Missoula, Helena, Butte, Bozeman and more. We help family members grieve their loss while helping them with the legal system.

We offer FREE CASE EVALUATIONS on Montana Wrongful Death claims and will meet with you when and where it is convenient.

GREAT FALLS PEDESTRIAN INJURED IN HIT AND RUN

imagesA Great Falls Woman was the victim of a Hit and Run in Great Falls on Saturday Morning.

According to police, a White Pontiac Grand-Am struck the woman near 1605 10th Ave. S. in front of Burger King. The car then fled the scene of the hit and run accident in Great Falls.

Police reported that the victim of the hit and run accident was from Helena.

At Bliven Law Firm, P.C., a Montana law firm, we help victims who have suffered personal injuries as a result of the negligence of others including hit and run accidents in places like Kalispell, Great Falls, Helena, Missoula, Billings, Bozeman, Butte and other communities throughout Montana.

Most victims of hit and run accidents in Montana are surprised to learn that if they  purchased Med Pay or Unuinsured Motorists insurance, they may be covered for injuries and damages sustained as a result of a negligent hit and run driver.

If you have been injured in a hit and run accident in Montana, call the law offices of Bliven Law Firm, P.C. for a FREE CASE EVALUATION.

LIBBY MAN INJURED IN IDAHO CRASH

A Libby resident was injured in a head-on car accident Sunday near Cambridge, Idaho.

Lawrence Brand of Libby, was injured when an oncoming driver lost control of his vehicle on ice and collided head-on with Brand’s vehicle.

Two other individuals were also injured in the Idaho car accident and taken to the hospital. For more information click here

For over 25 years, Bliven Law Firm, P.C. a Montana law firm in Kalispell, has helped injured victims of head-on collisions and car accidents in Libby, Troy, Eureka, Columbia Falls, Lakeside, Somers, Kalispell, Whitefish, Columbia Falls and More.

If you or someone you know has been injured in a car accident in Montana, call our offices for a FREE CASE EVALUATION.

RONAN CAR ACCIDENT CAUSES SUV FIRE AND INJURIES

images (1)A head on car accident in Ronan caused multiple injuries and one vehicle to engulf in flames.

A 32 year-old woman was traveling South on Highway 93 in Ronan on Saturday, carrying two passengers a 4 year old and 2 year old child.

While attempting to turn left on Highway 93, the woman was struck by an oncoming pick-up truck pulling an empty trailer.

After quickly exiting her SUV, the woman’s vehicle caught fire.

The woman and her passengers sustained multiple serious injuries including a broken neck in the Ronan car accident and were airlifted to the hospital

For more information click here

For over 25 years, Bliven Law Firm, P.C. has helped injured victims of car accidents in Ronan, Polson, Lakeside, Somers and other Lake County Communities. Our firm has three lawyers who practice personal injury law, in Kalispell, to help victims of Montana Car Accidents.

We offer FREE CASE EVALUATIONS for injured victims of car accidents in Ronan, Lakeside, Kalispell, Libby, Troy, Eureka, and communities throughout Montana.

MISSOULA PEDESTRIAN DIES AFTER HIT BY CAR

A Missoula woman died after crossing the road and being struck by a vehicle on Thursday December 15, 2011.

The woman, and a 91 year-old man were crossing the street near Buffalo Wild Wings in Missoula when they were struck. Both were taken to the hospital.

Betty Ann Schultes, 83, died on Friday from injuries she sustained as a pedestrian crossing the street.

The other man struck remains in critical condition.

For more information click here.

Pursuant to Montana Code Annotated Section 61-8-502: 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).

Pursuant to Montana Code Annotated Section 61-8-504:    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 an obviously confused, incapacitated, or intoxicated person upon a roadway.

For over 25 years, Bliven Law Firm, P.C. has represented the families of wrongful death victims in Montana including, Kalispell, Missoula, Helena, Great Falls, Butte and Bozeman.

Bliven Law Firm, P.C. has years of experience representing injured pedestrians in Montana. If you or a family member has suffered injury or death as a pedestrian, call our offices for a FREE CASE EVALUATION.

KALISPELL WOMAN TO BE CHARGED WITH DUI AFTER HEAD-ON COLLISION

A drunk driver caused a head-on collision on Highway 2 in East Kalispell Tuesday morning.

Officers said Tami Smith was driving south on Highway 2 when she drove into oncoming traffic and caused the car accident in Kalispell.

Ms. Smith faces charges for driving under the influence, as well as driving without a valid driver’s license and driving without insurance.

For more information click here.

Drunk driving is an alarming trend that has continued to plague Montana. Forbes reported that Montana leads the nation in drunk driving fatalities per capita. In 2008, Montana reported 11.1 drunk driving accident fatalities per 100,000 people.

For over 25 years, Bliven Law Firm, P.C. has been helping the innocent victims of drunk driving accidents in Montana in cities like Libby, Eureka, Kalispell, Lakeside, Columbia Falls, Whitefish, Billings, Missoula, Great Falls, Bozeman and more. We offer free consultations for victims of Montana drunk driving accidents.

In our experience, many drunk drivers are uninsured. Many Montanans are unaware that if they are hit by an uninsured drunk driver in a car accident, that they may file an uninsured motorist claim if they have purchased the insurance.

In our experience, uninsured insurance is often very affordable. We encourage all motorists to have uninsured and under insured insurance, to protect themselves and their family members against uninsured drunk drivers in Montana. Speak to an insurance agent to discuss your available insurance coverage options.

NEW STUDY SUGGESTS MEN MORE LIKELY TO CAUSE ACCIDENTS ON SNOW AND ICE

A recent study by a Purdue professor suggests that men and women are more likely to be involved in car accidents in different types of weather.

Men older than age 45 are much more likely to crash their vehicles on icy and snowy roads, especially if they are diving four-wheel drive trucks according to Purdue University researcher Fred Mannering found.

“There may be a sense of invulnerability with four-wheel drive trucks leading the drivers to not slow down as much as they should,” Mannering said in an interview. “The reality is that four-wheel drive gets you up to speed faster in snow and ice, but it doesn’t help you stop any quicker.”

Female drivers of all ages, meanwhile, are more likely to lose control and crash on rain-slicked roads most often because of their failure to sense reduced friction on wet pavement, according to the results of the study.

For more information click here

For over 25 years, the law offices of Bliven Law Firm, P.C. has helped injured victims of Montana car accidents. We urge all people to exercise caution while driving on the snow and ice and to avoid car accidents in Montana.

If you have been hurt in a car accident from snow and ice in Billings, Great Falls, Missoula, Bozeman, Kalispell, Helena, Columbia Falls, Lakeside, Whitefish or anywhere else in Montana, contact Bliven Law Firm, P.C. for a FREEE CASE EVALUATION.