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.

TAG ARCHIVES: DRUNK DRIVER

Summertime In The Flathead Valley

Each year, summertime in the Flathead Valley draws millions of people from all over the world. It is not only the unparalleled beauty and grandeur of Glacier National Park that people come in droves to witness and experience, but also the small town charm of the nearby mountain towns like Bigfork, Whitefish, Lakeside, Polson, and our own Kalispell.

Kalispell has no shortage of summertime festivities. Thursday! Fest, Picnic in the Park, the Northwest Montana Fair and Rodeo, Arts in the Park, and farmers markets are just a handful of family-friendly activities tourists and residents alike look forward to attending. All of these events have one thing in common: They are a place to gather with family, friends, and neighbors to try new foods and sip on cold drinks while most likely listening to fantastic music by talented local artists.

More often than not, those attending these events will have a wonderful time and return home with full bellies, lighter wallets, and fond memories. Sadly, that is not always the case. Earlier this week, a Georgia couple were nearly fatally injured when an alleged drunk driver sped through heavy traffic and struck them with his car on a sunny evening on the main road in nearby Whitefish, Montana. The male victim was impaled on a willow tree branch 15 feet off the ground and his wife was found on the ground below the tree. They are both very fortunate to be alive, and it is incredible that the drunk driver injured only 2 people. The story could be much worse.

Alleged Drunk Driver Hits 2 Pedestrians In Downtown Whitefish

Unfortunately, this is not uncommon. There is a dark side to the social entertainment the Valley and any town in America has to offer. Our quiet mountain towns become more populated and where there are more people, there are generally more negligent and careless people, and as a result, there are generally more accidents. Whether you are a visitor or a resident, is important to be aware of your surroundings and practice caution when you are enjoying time out in any one of the Valley’s towns.

  • Simple precautions can make a big difference.
  • Know your surroundings.
  • When you cross the street, look both ways and then look both ways again. There are more people drinking and driving in the summertime months and you are more likely to see them than they are to see you.
  • Do not walk off of sidewalks and stay on the streets.
  • Wear reflective clothing if you are walking after dark.
  • Drink responsibly and do not ever get behind the wheel of a vehicle if you even suspect you may have had too many drinks. Uber operates in the Flathead Valley.
  • Keep your children nearby, hold their hands, and don’t let them walk nearest the street while walking on the sidewalk.

Vacations and excursions out and about should never end in disaster or months or years of treatment for injuries. Obeying the rules of the road, both as a driver or as a pedestrian, and paying careful attention to your surroundings can make all the difference.

WINTER DRIVING DANGERS – CONSIDERATIONS AND REMEDIES

We have recently had the usual dangerous winter driving conditions in Kalispell, Whitefish, Columbia Falls and other areas of Flathead County, Flathead valley, and surrounding areas, such as Lincoln County (Libby, Eureka), Lake County (Polson, Ronan, Mission Valley), Sanders County (Plains, Thompson Falls), Mineral County (St. Regis, Superior), and Glacier County (Browning, Cut Bank). The November ice rain, snow and ice gave way to December ice rain, snow, ice, fog and and other dangerous conditions -particularly in northwest Montana – as Flathead County sits on the west slope of the Swan Range of the Rocky Mountains. While one of the most beautiful places in the world, our weather can make driving more treacherous than it appears, even to local residents. The variable conditions can catch drivers off guard. Reference to local media shows us the dangers out on our roads, and sadly fatal car crashes are simply too common:

http://www.dailyinterlake.com/members/article_3610c362-87df-11e4-93b1-ebad69941f92.html?mode=jam

http://www.kpax.com/category/flathead-county-coverage/

http://www.nbcmontana.com/kcfw/news

In all of Montana we have many injuries in car wrecks. Factors that contribute to the high rate of injury crashes include a unique combination: high travel speeds, bad weather, challenging road conditions, and drunk driving – drunk driving that is unfortunately among the highest rates in the country. According to the latest statistics available in a recent article linked below, Montana ranks second worst,with only North Dakota, our neighbor to the east, with higher (worse) rates:

2. Montana
Drunk driving deaths per 100,000: 9.0
 Total DUI arrests: 4,418 (9th lowest)
 Beer consumption per capita: 41.0 gallons (3rd highest)
Pct. of minors consuming alcohol: 29.7% (7th highest)
pct. of binge drinkers: 19.2% (17th highest)

“Montana was among the states with the highest youth consumption of alcohol and the highest rates of binge drinking among underage residents. Sadly, for every 100,000 people in the state, 3.8 underage residents were killed in drunk driving accidents, second highest in the country. Montana residents, on average, drank 41 gallons of beer per capita, more than all but two other states — North Dakota and New Hampshire. Nearly 20% of minors said they engaged in binge drinking over the prior 30 days, sixth highest in the country. In total, 19.2% of state residents said they engaged in binge drinking over the previous month, among the highest percentages in the country.”

Read more: States With the Most Drunk Driving – 24/7 Wall St. http://247wallst.com/special-report/2014/04/25/states-with-the-most-drunk-driving/#ixzz3N9Vwi3gO

Kalispell, Columbia Falls, Whitefish and the other areas around Whitefish Mountain Resort (formerly known as Big Mountain, as it is still known to most local residents) and Glacier Park are beautiful and provide winter recreation second to none. However, local residents and visitors must always be mindful of the conditions and dangers on our roads. Many of the visitors to the area find our road system that has struggled to keep up with population growth continue to be a challenge. While we look forward to the completion of the US Highway 93 bypass, and we have had significant upgrades to our local infrastructure in the past few years, we still are behind in terms of the infrastructure to handle the amount of traffic as our population grows and the number of visitors to Glacier National Park continues to set records. This creates conditions that are dangerous for local residents and our visitors from other states – as well as Alberta, British Columbia, the rest of Canada. While many of our visitors are from states like Minnesota, Illinois, Wisconsin, the Pacific Northwest and other regions that see much snow and ice, we also have a large number of visitors each year from places like Texas, Arizona and California that do not. Car wrecks that occur even at low speeds can result in serious injuries – despite what insurance claims adjusters – and the “biomechanics experts” and insurance defense attorneys they hire to defend their denials of fair compensation for these injuries say.

At this time of year, snow tires (whether with studs or similar), and careful driving are highly recommended. The use of seat belts at all times is also essential. The failure to utilize a seat belt and ejection from the vehicle are factors in many fatal car wrecks. Wearing a seat belt is a critical and well established way to reduce fatal injuries, regardless of the cause of motor vehicle crashes. Another factor to consider is the time of day or night – at this time of year in particular given holiday parties – staying off the roads after midnight and recognizing that between 1 a.m. and 3 a.m. that a rather significant percentage of drivers on the road that have been drinking – makes staying at home (or at the hotel etc.) a good decision.

One winter driving danger that folks do not consider – in addition to driving without adequate or appropriate tires, awareness of conditions, not using seat belts – is driving (or being a passenger) without adequate insurance coverage.

We have a high rate of uninsured and underinsured drivers in Montana. “Defensive driving” as far as we concerned, also includes carrying substantial uninsured and underinsured motorist coverage to protect your family and passengers from irresponsible drivers on the roads. Underinsured motors coverage is some of the least expensive, and most critical coverage one can purchase. I have seen underinsured motorist coverage of $100,000 for $21 per year. The most challenging part of underinsured motorist coverage is asking for it from your agent or the insurance company, and making sure everyone is covered under the policy you believe is covered under the policy. “Full coverage” means that you have enough insurance and kind of insurance to meet your needs. This includes having substantial med pay coverage, uninsured and underinsured motorist coverage. A good agent will strongly recommend adequate uninsured and underinsured motorist coverage, even insist on it or require you to sign an acknowledgment and waiver if you decline it, or simply decline to write an inadequate policy. An agent should write the policy coverages and sell you a policy with adequate coverage that considers your potential expenses and potential lost earning capacity, among other factors. However, if buying a policy online or over the phone in a few minutes, it requires that the consumer be aware and seek the coverage, or even seek it from a different company if not offered. This is a lot to ask of the consumer, and buyer beware. Of the ways to save money on an auto policy, skipping underinsured motorist coverage is not the way. A better approach would be to increase the deductible for collision or comprehensive coverage. Please also make sure that everyone who lives in your home is listed on the insurance policy, family member or not, so that the insurance company does not have that as a basis to try to deny coverage.

At Bliven Law Firm, P.C., the attorneys are happy to answer questions about your auto insurance converge, including reviewing your policy, and we counsel clients about getting coverage that will address their situation and needs to help protect their family in the event of a motor vehicle crash that results in injuries.

At Bliven Law Firm, P.C., we emphasize representing the insured, sick and disabled. Whether a car wreck, other injury, workers’ compensation injury, or disability claim, we have the skill, experience and dedication to assist you and your family. We are located in Kalispell, Flathead County, Montana, in the heart of the Flathead Valley. We are a law firm the represents the innocent victims injured by the negligence and wrongful conduct of others. We do not represent the insurance companies – or the wrong doers. We are firmly rooted in the community, and we are here to serve you.

IF A DRUNK DRIVER HITS YOU, WILL YOU BE PROTECTED?

It’s hard not to ignore the flood of auto insurance commercials inundating television programming. Call one and save 15% in 15 minutes. Another offers a plethora of discounts. Another offers the “value plan.” While these slogans may seem catchy, they fail to disclose, what protection they offer the consumer. After all, isn’t the purpose of auto insurance to protect you, your family, and your property in the event you are involved in an accident?

The CDC reported that in 2009, there were almost 11,000 drunk-driving related fatalities. Approximately one third of all motor vehicle crash fatalities involve alcohol-impaired driving.

In 2010, an estimated 4 million U.S. adult respondents reported at least one episode of alcohol-impaired driving, for an estimated total of approximately 112 million alcohol-impaired driving episodes or 479 episodes per 1,000 adult population.

Those numbers are alarming and scary. At Bliven Law Firm, P.C. a Montana law firm, located in Kalispell, we help victims of drunk driving accidents recover compensation for their injuries and deaths of their loves ones. Through our experience, we have discovered that most Montana drunk driving crashes cause severe and permanent injuries or death to the innocent victims.

Montana Drunk Drivers often do not have significant assets or adequate insurance to cover all of the victim’s damages. Some people do not realize that medical expenses from a drunk driving accident may total hundreds of thousands of dollars. If the innocent victim has not purchased adequate underinsured and uninsured coverage, he or she could be personally responsible for the medical bills caused by the drunk driver.

Some consumers may be surprised to realize how affordable Uninsured and Underinsured coverage is, especially when substantially increasing the policy limits may only raise the annual policy premium by a few dollars a month. In addition, uninsured and underinsured coverage is personal and portable in Montana meaning that regardless of the vehicle you are in, whether it be your own, a relative’s, friend’s or co-workers, you should be protected with your own uninsured and underinsured coverage in Montana.

In addition to uninsured and underinsured coverage, many Montana drunk driving victims do not carry medical payments coverage. Med. Pay. coverage is designed to protect the insured regardless of who is at fault.

Insurance disputes, involving liability, underinsured and uninsured coverage may last months. If your bills are not promptly paid, some medical providers may quickly send your bills to collections, damaging your credit score. Most Med. Pay. coverage in Montana, will cover your medical expenses, if you are involved in a car accident, regardless of whose fault it is. Having adequate medical payment insurance means if you are injured in an accident, you can seek and receive medical treatment knowing the bills will be paid.

While it may be tempting to save $50 on auto insurance, isn’t it more important that auto insurance covers you and your loved ones in case you fall victim to one of the four million drunk drivers on the road ? Talk with an insurance professional to make sure you and your family are adequately covered in case you become the victim of a drunk driver accident in Montana.

If you have been hit by a drunk driver in Montana, contact our offices at Bliven Law Firm, P.C. We have been handling drunk driver accident cases in Whitefish, Kalispell, Columbia Falls, Lakeside, Billings, Sydney, Libby, Troy, Eureka, Flathead County, Lincoln County, Lake County and more for over 25 years. We are dedicated to helping innocent victims of drunk driving accidents in Montana.