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.
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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.