Motorcycle Accident Attorney in Montana
Advocating for Victims of Motorcycle Accidents in Flathead County and the Surrounding Area
When motorcyclists are involved in accidents with passenger vehicles, motorcycle riders and their passengers are likely to suffer serious injury. Motorcycle accident injuries may even result in death. If you have been injured in a motorcycle accident that was not your fault, let our team help you in your recovery.
Bliven Law Firm, P.C. offers professional legal representation to motorcycle accident victims. Our motorcycle accident attorneys help clients in Kalispell, Flathead County, Lake County and the surrounding areas seek compensation for their damages. We have helped thousands of clients fight to recover millions of dollars in settlements, awards and judgments.
If you or a loved one was injured in a motorcycle accident in Montana or Oregon, you need a team of dedicated attorneys to advocate on your behalf. Contact ourteam today to learn how our team can help you.
How Our Firm Can Help You After a Motorcycle Accident
If you were injured in a motorcycle accident due to the negligence of another person, get in touch with our firm. The motorcycle accident attorneys with our firm can help you understand your best legal options. One of these options may include pursuing a personal injury case for damages.
Depending on the particulars of your case, the damages may include:
- Medical bills
- Lost wages
- Pain and suffering
- Property damages
It is important to note that Montana is a comparative fault state. This means that Montana recognizes that accidents can occur due to negligence by both parties. As this is the case, the fault is often shared in motorcycle accident cases. The shared fault will affect the amount of damages awarded to your personal injury case.
Our motorcycle accident lawyers can help you build the strongest case with this comparative fault law in mind.
Personal Injury Statute of Limitations
A statute of limitations is a law that determines how long you have to file a lawsuit. The statute of limitations in Montana and Oregon generally allows a personal injury case to be filed within 3 years of the date of the injury. It is important that you meet your deadline to file a claim. Missing this deadline may mean losing your ability to file a lawsuit for your slip and fall accident.
DOES IT IMPACT MY INJURY CLAIM IF I WAS NOT WEARING SAFETY GEAR?
Whether or not someone is wearing safety gear will impact the claim. At the very least, it will impact the number of injuries suffered. Not wearing a helmet or other safety gear can cause a person to be more seriously injured because they have little or no protection to their body when they have the crash. However, regarding wearing a helmet or safety goggles, under Montana and Oregonlaw, a person over the age of 18 is not required to wear protective headgear (Mont. Code. Ann. § 61-9-417 (2017)).
In Montana, even if you are not wearing a helmet, if you suffer serious injuries, you have a right to recover for those injuries. In Montana, 40 -50% of the motorcyclists injured in crashes in 2017 were wearing helmets (Montana and OregonHighway Patrol Annual Report (2018)).
Is The Investigation And/or Reenactments Important In Motorcycle Accidnet Cases?
If a police agency conducted an investigation, took photos, cited the other driver (and not the injured motorcycle driver), and there is a thorough police investigation that clearly establishes liability, then further investigation, in that case, may not be necessary.
However, the critical problem is that once the investigation is not thoroughly completed, once photos are not taken, once witnesses are gone, once vehicles are gone, those things cannot be done later. So, contacting an attorney to make sure that any investigation that needs to be done is done on time, and that evidence is properly secured or preserved, affects the outcome of the case.
Should I Ever Work With The Insurance Company First And See If They Treat Me Fairly Before I Hire A Motorcycle Accident Attorney?
If a person has a minor incident and the motorcycle rider truly isn’t seriously injured, did not require medical treatment, and does not miss any work, then it would be reasonable to try to work with the insurance company. But anytime someone has any serious injury, has missed work, has significant medical expenses (such as the emergency room), they are at a disadvantage with the insurance company. Insurance claims adjusters are trained to minimize claim values ad payments even while they are being friendly, however, they are not there to help you – they are there to save their company money and represent their insured, the person causing the crash. Even your own company is not necessarily looking after your interests, particularly in an uninsured motorist claim.
Do I Need To Retain A Motorcycle Accident Attorney Even If My Injuries Aren’t That Serious?
Even if the bike did not go down, it is not unusual for people in a motorcycle accident to suffer a significant injury, even if they do not realize it at the time, particularly when it involves the spine or a concussion/brain injury. People get herniated discs or fractures, or concussions, that they do not know about until later. Also, in any motorcycle wreck, even when the rider is wearing a helmet, there is a significant risk of concussion/traumatic brain injury, even without hitting one’s head on the roadway.
If a person has any kind of dizziness, headaches, any loss of consciousness, any injury to the head of any kind, or any injury to the spine, they should seek medical treatment to see if there is something more serious than they originally suspected. Additionally, they should consult with an attorney.
What Makes Motorcycle Accident Wrecks So Much Different Than A Car Accident?
A motorcycle rider is not surrounded by metal and mass, and does not have airbags to protect them from the impact. This makes motorcycle wrecks unique and often more serious. Another major factor is the fact that automobile drivers simply do not always see motorcycle riders. Even though the rider is doing exactly what they are supposed to be doing, cars and trucks will pull out in front of them, turn in front of them, stop suddenly in front of them, and make it impossible for the rider to avoid a collision.
What Type Of Injuries Do Motorcycle Riders Generally Sustain From Accidents?
Beyond the anticipated road rash and abrasions and those types of injuries, concussions/brain injuries are often seen, in addition to serious fractures of the extremities, and other fractures, like ribs. These injuries tend to be serious because the motorcycle rider does not have the protection around them from the vehicle that a motor vehicle passenger or driver does.
What Factors Determine The Viability Of A Motorcycle Accident Claim?
The critical issue is the liability and whether or not the other driver is at fault for the crash. This is sometimes not as clear as we would like, and requires us to do an investigation and sometimes reconstruction. If there is a citation involved of the other driver for following too close, failure to give the right of way, or failure to obey a traffic control device, then the case is particularly viable.
Schedule a Free Consultation with Our Motorcycle Accident Attorneys
Our firm works hard to ensure the best possible outcomes for our clients. The personal injury lawyers at Bliven Law Firm, P.C. represent individuals who have suffered personal injuries in Montana and Oregon. To learn more about our services, schedule a free consultation with us today.
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