Montana § 49-4-216 Duty And Civil Liability Of Pedestrian Or Driver Approaching Blind Person

Montana Statutes

§ 49-4-216 — Duty And Civil Liability Of Pedestrian Or Driver Approaching Blind Person

Montana § 49-4-216

Title 49HUMAN RIGHTS

Ch. 4RIGHTS OF PERSONS WITH DISABILITIES

Part 2Rights of the Physically Disabled

This text of Montana § 49-4-216 (Duty And Civil Liability Of Pedestrian Or Driver Approaching Blind Person) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 49-4-216 (2026).

Text

49-4-216 . Duty and civil liability of pedestrian or driver approaching blind person.

(1)A pedestrian who is not totally or partially blind or a driver of a vehicle who approaches or comes in contact with a person who is totally or partially blind and is carrying a cane or walking stick predominantly white or metallic in color or white tipped with red or is being led by a trained guide dog wearing a harness and walking on either side of or slightly in front of such blind person shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to such blind person.

(2)A driver or pedestrian who fails to take such precautions is liable in damages for any injury caused the totally or partially blind person. A totally or partial

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49-4-216 . Duty and civil liability of pedestrian or driver approaching blind person. (1) A pedestrian who is not totally or partially blind or a driver of a vehicle who approaches or comes in contact with a person who is totally or partially blind and is carrying a cane or walking stick predominantly white or metallic in color or white tipped with red or is being led by a trained guide dog wearing a harness and walking on either side of or slightly in front of such blind person shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to such blind person.
(2) A driver or pedestrian who fails to take such precautions is liable in damages for any injury caused the totally or partially blind person. A totally or partially blind pedestrian who is not carrying such a cane or using a guide dog in any of the places listed in 49-4-211 has all of the rights and privileges conferred by law upon other persons, and the failure of such a pedestrian to carry such a cane or to use a guide dog in any such place may not be held to constitute or be evidence of contributory negligence.