Montana Car Accident Lawyer

Expert Car Accident Attorney In Montana

Have you been injured in a car accident in Montana or Oregon? Do not rely on insurance companies to help you recover fair compensation. Let the experienced attorneys at Bliven Law Firm, P.C., help you obtain full, fair, and prompt compensation. Backed by more than 35 years of personal injury practice, our Montana car accident lawyer works hard to secure the most favorable possible outcome for you and your family.

Why Trust Bliven Law Firm, P.C.?

The aftermath of a car collision can leave you seeking answers and accountability. The seasoned litigators at Bliven Law Firm, P.C., have served Montana for more than 30 years and understand the regional legal landscape. This gives us insight into the nuances of each jurisdiction, which is crucial in addressing both common and unique challenges in accident claims.

We know that motor vehicle accidents can cause serious and lasting injuries. On top of this, debt can pile up if you have to take time off work to nurse these injuries. Additionally, medical expenses incurred from the accident will add another strain to your financial burden. Our legal team understands the full weight of these concerns.

That is why we work hard to help you obtain advanced medical settlements, as well as other forms of compensation, including property damage recovery and potential future medical needs stemming from the accident.

Common Causes of Car Accidents in Montana

Auto accidents involving two or more vehicles often occur due to negligence. Distracted driving is a common cause of car collisions in Montana and across the state. In 2024, 315,167 people were injured due to this form of driver negligence. Texting, eating while driving, fiddling with the navigation system, and other types of distraction can cause preventable collisions.

Speeding can also cause or contribute to vehicle wrecks. In 2024, 43% of fatal wrecks in the state were caused by speeding, making Montana one of the most dangerous states for speeding. Data also shows that the majority of Montana crashes, nearly nine out of 10, take place on rural roads, reflecting the higher risk of collisions outside urban areas. Negligent driving consists of any sort of reckless behavior taken while operating a motor vehicle.

When a driver’s negligent actions are the cause of an accident, they can be legally liable for damages. Additionally, regional factors, such as harsh weather conditions in these states, can exacerbate common negligence issues.

The most common forms of negligent driving involve:

• Driving while under the influence of alcohol or other controlled substances
• Failing to drive with appropriate caution in dangerous weather conditions
• Speeding
• Breaking traffic rules, signs, or signals
• Failing to yield the right of way
• Driving while distracted, such as when texting or otherwise using a cell phone

Steps You Should Take After a Car Accident

After a car crash, assess yourself and any other passengers for serious injuries that may need immediate attention. Then, call the police and, if needed, request medical emergency responders. When the police arrive, you will want to comply with their requests and answer their questions.

You need not discuss fault with the police; just give them the facts about what happened. Later, you will want to obtain a copy of the official police report for your records. Documenting the scene accurately by taking detailed notes can be beneficial, as memory may fade over time.

Our Montana car accident attorneys also recommend you collect evidence at the scene, including:

• Photos of the vehicles
• Photos of your injuries
• Documenting the point of contact
• Documenting the resultant damages
• Obtain witness information

Further Actions

If any eyewitnesses are available, collect their contact information and make sure they give their account of the event to the police. You will also want to exchange contact information with the other driver before you leave the scene. Gathering this information will help you later if you decide to pursue a claim. Organized records of all related documents, including car repair receipts, are essential in bolstering future insurance or legal proceedings.

After leaving the scene of the collision, notify your insurance company promptly, but avoid giving a recorded statement or accepting a settlement offer before understanding the full extent of your injuries. Follow your doctor’s treatment plan and keep copies of all medical bills, repair estimates, receipts, and correspondence related to the accident. Do not make public comments about the collision and trust your lawyer to speak on your behalf.

Types of Car Accidents

The initial information that your attorney will want to know is how your car accident happened. These are extremely important to your case. At Bliven Law Firm, P.C., we know not to tackle every car accident the same way. Rear-end accidents often require different levels of investigation than head-on collisions.

In addition, head-on collisions often result in more serious injuries than side-swipe car crashes. This means that the type of car accident that caused your injuries is significant. Understanding these distinctions can help tailor the right legal strategy.

In general, five types of traffic collisions that can occur include:

• Rear-end accidents. These car accidents most frequently occur at traffic lights and stop signs. When drivers are distracted or are not paying attention, they can run into the driver in front of them. Rear-end accidents can cause significant injury to the head and neck, as well as soft tissues in the body.
• Head-on collisions. These are some of the most serious of all accidents. Head-on collisions often cause severe and life-threatening injuries and fatalities. Head-on collision accident victims often require significant compensation. Understanding the common factors, such as confused drivers, can be pivotal in establishing fault.
• Side-impact or T-bone crashes. This type of car accident often leads to life-threatening injuries. This is because the side of the vehicle is not designed to withstand high accident forces. When a car hits the side of another car, the driver and passengers are less protected from harm. These accidents often happen at intersections and can be linked to traffic signal violations or failure to survey the surrounding traffic adequately.
• Side-swipe accidents. Side-swipe accidents occur on highways and freeways when one car attempts to change lanes and runs into the car next to it. These accidents may or may not result in serious injury. However, side-swipe accidents can result in a car being pushed off the road and into a guardrail or oncoming traffic.
• Hit-and-run accidents. All drivers must stay at the scene of an accident that causes injury and damage. When a driver leaves the crash scene, they are guilty of committing a crime. While the police attempt to track down the hit-and-run driver, you will need an attorney looking out for you and your interests.

Challenges of Driving in Montana, Oregon

The geographic spread of Montana, with its vast open roads like those along US Route 93, presents unique challenges for drivers susceptible to accidents in isolated regions. Such areas can result in delayed emergency response times. Moreover, icy roads during Montana’s extended winters significantly increase the risk of collisions.

Oregon drivers often contend with heavy rainfall, leading to slick roads and decreased visibility. Areas such as I-5, a major artery, are notorious for congestion-related accidents. Both states also experience deer crossing incidents, which are a common hazard during certain times of the year.

Montana Law and Legal Rules

Understanding Montana’s legal framework is essential after a vehicle collision. Under Montana’s comparative negligence law (Mont. Code Ann. § 27-1-702), injured individuals may recover compensation even if they share partial fault, as long as their responsibility does not exceed 50%. Any damages awarded are reduced by the percentage of fault assigned to the injured party.

Under that legal framework, a driver found to be 10% at fault could still receive $18,000 from a $20,000 settlement or court verdict. The statute of limitations for filing a personal injury claim is three years from the date of the accident, according to Mont. Code Ann. § 27-2-204. Failing to file within that period generally bars recovery.

Montana also follows a mandatory auto insurance system under Mont. Code Ann. § 61-6-301, requiring all drivers to maintain liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. These laws work together to promote accountability, protect accident victims, and provide a clear path toward financial recovery after a crash.

Injuries and Compensation

Car accidents in Montana can lead to a wide range of injuries, from minor cuts and bruises to catastrophic injuries. Whiplash and soft tissue injuries are common in rear-end collisions and often cause lasting neck and back pain.

Fractures and broken bones frequently occur when the force of impact crushes the vehicle frame. Traumatic brain injuries (TBIs) and spinal cord damage can result from high-speed or rollover crashes. These types of injuries can lead to paralysis or permanent disability.

Victims may also suffer from internal bleeding, burns, or lacerations caused by shattered glass and metal. Beyond the physical harm victims suffer, many experience emotional trauma, including anxiety, depression, or post-traumatic stress. Compensation can cover medical expenses, rehabilitation, lost income, pain, and suffering, which can help victims rebuild their lives after a devastating accident.

Establishing Fault Following a Car Collision in Montana

Before someone can pursue compensation for a car collision in Montana, they would need to gather evidence to support their claim. Establishing fault requires an examination of the evidence for signs that one or more drivers were negligent or violated a traffic law. Whether a settlement is being pursued through negotiations or litigation, the following types of evidence can play a key role in establishing liability.  

• Police accident report
• Photographs and videos of the accident scene
• Eyewitness statements
• Vehicle damage documentation
• Medical records and treatment documentation
• Traffic camera or surveillance footage
• Cell phone records, when distracted driving is suspected
• Event Data Recorder information, if available
• Accident reconstruction analysis
• Physical evidence, including skid marks, debris, and road conditions

Once these and other forms of evidence have been gathered, a personal injury lawyer can pursue compensation from the at-fault party or their insurer. This is typically done through negotiations with the at-fault party’s insurance carrier or a civil court claim. When a case is backed by compelling evidence, it can lead to full and fair compensation for the injured party.

If the at-fault party disputes liability, that can potentially lengthen the injury claims process. In some cases, new evidence may be gathered to further confirm which party is at fault. A complex case could require a court filing. Resolving disputes over liability is crucial, both for resolving claims and for protecting the injured party’s settlement.

Comparative Negligence

Montana follows a comparative negligence framework for setting damages, and multiple parties can share liability. As long as an injured party is not more than 50% at fault for causing the collision, they may claim compensation, but that final figure would be reduced by their assigned percentage of fault. For example, someone who is 25% at fault for causing a crash could claim $75,000 of a $100,000 settlement.

In addition to establishing fault, a strong claim should include documentation detailing the injuries and setbacks someone suffered following a car collision. Medical records, doctor’s notes, and the injured party’s account of events can provide descriptions of the physical harm someone suffered, while work-related documentation can detail the financial setbacks someone suffered from missed time at work.

If someone is considering filing a civil claim, these and other steps should be completed within three years of the date of the injury. Missing this filing deadline could lead to a claim being dismissed in court, which would compromise someone’s ability to pursue fair compensation following a car collision. Establishing fault and taking decisive action can protect your eligibility to pursue compensation for the harm you endured.

Why You Should Hire a Car Accident Lawyer

If you suffered injuries in Montana due to someone else’s negligence or wrongful acts, you have the right to pursue compensation with the help of a Montana car accident lawyer. Civil claims are handled at Flathead County District Court (920 South Main Street, Kalispell, MT 59901), Missoula County District Court (200 West Broadway Street, Missoula, MT 59802), and other civil courts, depending on which one has jurisdiction over your claim.

The decision to hire a Montana car accident lawyer allows you to benefit from their years of experience handling complex car accident claims. Montana’s car accident laws require plaintiffs to present compelling evidence to back up their injury claims. An attorney can play a key role in holding the negligent party accountable by gathering evidence and managing negotiations. Strong representation can make sure that you receive the compensation that you are owed.

FAQ’s

Should I Go to the Hospital After a Car Accident?

It is important to seek medical attention as soon as possible and follow up with medical treatment and advice. This is true even if you initially appear to be unharmed. Often, the adrenaline from being in a crash will prevent you from noticing injuries or pain. At the same time, many car accident injuries do not appear immediately. Instead, symptoms will develop days or weeks later. However, a medical professional can spot these injuries in an examination.

What Does an At-Fault State Mean?

Every state has different laws regarding auto insurance claims. Some states use a fault-based system, while others are no-fault. Montana is an at-fault or tort state, which means the driver who caused the accident is responsible for compensating the injured driver for any damages. Oregon is also an at-fault state.

Understanding these laws is key to navigating the claim process effectively and making sure there is proper evidence collection to substantiate fault.

What Should You Do if the Other Driver Is Uninsured?

If you’re in an accident with an uninsured driver in Montana or Oregon, the first step is to file a police report to document the incident officially. This report becomes critical in your dealings with your own insurance company. Check if your policy includes uninsured motorist coverage, which can provide compensation.

Additionally, consulting with an experienced attorney from Bliven Law Firm, P.C., is advised to explore further legal recovery options.

How Long Do You Have to File a Claim After a Car Accident?

In Montana, the statute of limitations for filing a personal injury claim after a car accident is generally three years from the date of the incident. In Oregon, you typically have two years. It’s crucial to begin the claims process as soon as possible to preserve evidence, recollections, and witness statements.

Early action aids in constructing a more compelling and thorough account for the insurance company or any legal proceedings.

What Is Modified Comparative Negligence in Montana?

Montana follows a modified comparative negligence rule, meaning you may still recover compensation if you are 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible, your recovery will be reduced by 20%.

If you are more than 50% at fault, you cannot recover damages. Determining fault often requires strong evidence, witness statements, accident reports, and other documentation to support your claim.

Secure the Compensation You Are Owed. Contact Bliven Law Firm, P.C., Today

A serious car accident can upend your life in an instant, leaving you with mounting medical bills and lasting uncertainty. A Montana car accident lawyer can help you hold negligent drivers accountable and recover compensation for your injuries, lost wages, and emotional distress.

At Bliven Law Firm, P.C., we handle every stage of the process, from investigating the crash to negotiating with insurers and pursuing claims in court when necessary. Our team is dedicated to securing justice for accident victims throughout Montana. Contact our office today to schedule your free consultation and take the first step toward recovery.

Montana Car Accident Lawyer Reviews