If a car hit you while you were riding your bicycle in Montana, you may be entitled to significant compensation. But the steps you take right now matter enormously. Western Justice Associates helps injured Montana cyclists fight back.
Montana Bicyclists Are Getting Hit by Cars: And It’s More Common Than You Think
Montana is one of the most beautiful states in the country for cycling. From the Going-to-the-Sun Road in Glacier to the gravel paths winding through the Bitterroot Valley, cyclists share Montana’s roads every single day. But sharing the road with cars, trucks, and SUVs comes with serious risks. When a motor vehicle strikes a bicyclist, the results can be devastating.
In a recent year, Montana reported over 150 bicycle injuries and fatalities in a single year. While Montana ranks among the safer states for cycling overall, that statistic offers little comfort when you or someone you love has been seriously hurt. A bicycle provides zero protection from a 3,000-pound vehicle. Broken bones, traumatic brain injuries, spinal damage, and road rash are common outcomes. They can change your life forever.
If a car hits you while you are cycling in Montana, you need to understand your rights. You need an experienced attorney on your side to identify every source of compensation available to you.
Why Car-on-Bicycle Crashes Happen in Montana
Understanding how these accidents occur can help establish who is at fault. Fault determines compensation.
Distracted Driving
A driver glancing at a phone, adjusting a radio, or simply not paying attention can drift toward a cyclist in seconds. Distracted driving is one of the leading causes of bicycle accidents nationwide and in Montana.
Failure to Yield
Many collisions happen at intersections when a driver fails to yield to a cyclist who has the right of way. “Right-cross” collisions are among the most common and dangerous bike accident types. These occur when a vehicle turns right into the path of an oncoming cyclist.
Unsafe Lane Changes and Passing
Montana’s rural highways often have no dedicated bike lanes. Drivers passing cyclists too closely or changing lanes without checking blind spots frequently cause serious bike accidents.
Speeding on Rural Roads
Montana’s open highways and scenic byways encourage speed. Higher vehicle speeds mean more severe injuries when a car strikes a bicycle. Wildlife, gravel, and unpredictable road conditions add additional hazards unique to Montana’s rural environment.
Dooring
In Montana’s cities like Missoula, Billings, and Bozeman, cyclists are sometimes struck by car doors flung open without warning. This collision can send a rider flying into oncoming traffic.
Impaired Driving
Alcohol plays a role in more than 20 percent of bicyclist fatalities nationally. An impaired driver behind the wheel is a lethal threat to every cyclist on the road.
The Injuries Are Serious and So Are the Costs
When a car hits a cyclist, the human body absorbs the full force of that impact. Common injuries from bicycle accidents include:
- Traumatic brain injuries (TBI): Even with a helmet, the force of a vehicle collision can cause concussions or more severe brain trauma
- Broken bones: Arms, legs, collarbone, and ribs are frequently fractured
- Spinal cord injuries: Potentially leading to partial or full paralysis
- Road rash: Deep abrasions that can strip away skin and require surgery
- Internal injuries: Organ damage that may not be immediately apparent
- Psychological trauma: PTSD, anxiety, and depression following a serious bike accident are real and compensable injuries
Medical bills stack up fast. Surgery, hospitalization, physical therapy, lost wages, and long-term rehabilitation can easily reach hundreds of thousands of dollars. That’s why having a skilled bicycle accident attorney in your corner is not optional. It’s essential.
Understanding Insurance Coverage for Bicycle Accident Injuries in Montana
One of the most important factors in maximizing your compensation after being hit by a car while riding your bike is identifying every available insurance source that can cover your injuries. Most bicycle accident victims and their families do not realize how many different types of insurance may apply to their case. Without an experienced attorney, you may leave significant compensation on the table.
Auto Insurance Coverage for Bicycle Accidents
When a motor vehicle strikes a cyclist, the at-fault driver’s auto insurance is typically the primary source of compensation. Montana requires all drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident. However, many drivers carry higher limits.
Uninsured or underinsured motorist coverage is also critical. If the at-fault driver lacks insurance or has insufficient coverage, your own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage can protect you. This coverage applies even though you were on a bicycle, not in a vehicle. Many Montana drivers have UM/UIM limits equal to or exceeding their liability coverage.
Your own auto insurance may also include medical payments coverage, which provides immediate payment for medical bills regardless of fault. This coverage can be valuable while your case is being negotiated or litigated.
Homeowner’s or Renter’s Insurance
Many homeowners’ and renters’ insurance policies include personal liability coverage that can apply to bicycle accidents. Additionally, if the at-fault driver’s homeowner’s or renter’s insurance has higher limits than their auto policy, you may be able to pursue a claim against that coverage as well.
Your Own Bicycle Insurance or Rider Coverage
Some cyclists purchase separate bicycle insurance or add bicycle coverage to existing policies. This coverage typically addresses property damage to your bike and gear, but may also include medical payments or liability protection for accidents you cause. Review your policy to understand what coverage you have.
Health Insurance
Your health insurance policy will cover many of your medical expenses related to the bicycle accident. However, health insurance companies often have the right to recover (called subrogation) from settlements you receive. An experienced attorney ensures that health insurance liens are properly negotiated and do not unfairly reduce your net recovery.
Umbrella or Excess Liability Coverage
Both you and the at-fault driver may carry umbrella or excess liability policies that provide additional coverage above base policy limits. These are particularly important in serious bicycle accident cases involving significant damage.
Workers’ Compensation
If you were injured while commuting to or from work, or if you were working at the time of the bicycle accident, workers’ compensation may cover your medical bills and lost wages. This is a no-fault system, meaning you recover benefits regardless of fault for the accident.
Why You Need an Attorney to Identify All Insurance Sources
Insurance policies are complex documents full of exclusions, conditions, and coverage limits. Most bicycle accident victims do not have the legal knowledge to identify which policies apply, what their limits are, or how to properly pursue claims against each source.
Insurance companies know this. They rely on injured cyclists and their families not knowing about available coverage. They also do not volunteer information about coverage limits or applicable policies beyond the minimum required.
An experienced bicycle accident attorney will:
- Investigate the at-fault driver’s insurance policies and coverage limits
- Review your own auto, health, homeowner’s, and other insurance policies for applicable coverage
- Identify all sources of insurance that could apply to your case
- Calculate the total available insurance coverage from all sources
- Pursue claims systematically against each insurance source
- Negotiate with insurance companies to maximize your recovery from each policy
- Ensure insurance subrogation rights are properly handled
An attorney can often recover significantly more compensation by identifying and pursuing insurance sources the injured cyclist would never have known about or been able to access independently.
Montana Law Protects You as a Cyclist
Under Montana law, bicyclists have the same rights and duties as drivers of motor vehicles. Drivers are legally required to exercise due care to avoid accidents with cyclists. When they fail to do so, they can be held liable for every injury and loss that results.
Montana operates under a modified comparative fault system. This means that even if you were partially at fault for the bike accident, you can still recover damages. As long as your share of fault is less than 51 percent, you can recover.
The compensation you receive will be reduced by your percentage of fault, but you will not be left with nothing.
This legal framework is important. Insurance companies know it well, and they will work hard to assign as much blame to you as possible in order to reduce what they owe. Don’t let them.
What to Do If a Car Hits You on Your Bicycle in Montana
The actions you take immediately after a bike accident can make or break your case.
- Call 911: Always report the accident to law enforcement. A police report is critical evidence.
- Seek medical attention immediately: Even if you feel okay, some injuries are not immediately apparent. Document everything.
- Document the scene: Photos of the crash site, your bike, the vehicle, your injuries, and road conditions are powerful evidence.
- Get witness information: Names and contact details of anyone who saw the bike accident.
- Do not talk to the driver’s insurance company: They are not on your side. Anything you say can be used to reduce your claim.
- Preserve evidence: Keep your damaged bicycle, gear, and clothing exactly as they were. This is important evidence.
- Contact Western Justice Associates: The sooner you have an attorney, the better protected your rights and your evidence will be.
Why You Need Western Justice Associates After a Montana Bicycle Accident
Insurance companies are businesses. Their goal is to pay you as little as possible. They have teams of adjusters and lawyers working to minimize your claim from the moment the accident is reported. You deserve the same level of aggressive, experienced representation on your side.
At Western Justice Associates, we understand what Montana cyclists go through after being struck by a car. We know the roads, the laws, and the insurance tactics used to undervalue serious injury claims. We fight to recover full compensation for:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage to your bicycle and gear
- Permanent disability or disfigurement
- Identification and pursuit of all available insurance sources
You focus on healing. We’ll handle the fight.
Frequently Asked Questions: Montana Bicycle Accident Injury Claims
How long do I have to file a claim in Montana?
Montana’s statute of limitations for personal injury claims is generally three years from the date of the accident. However, the sooner you act, the stronger your case. Evidence disappears, witnesses forget details, and insurance companies become harder to negotiate with over time. Additionally, insurance companies use delay tactics, hoping injured cyclists will settle for less. Don’t wait.
What if I wasn’t wearing a helmet?
Montana does not have a universal helmet law for adult cyclists. However, not wearing a helmet could be used by the defense to argue comparative fault. An experienced attorney can counter these arguments and protect your right to full compensation. In many cases, a helmet would not have prevented your specific injuries, and an attorney can prove this.
What if the driver claims I was at fault?
This is extremely common in bicycle accident cases. Insurance companies almost always try to shift the blame to the cyclist. Montana’s comparative fault system means you can still recover damages even if you share some responsibility. But you need an attorney to ensure your fault percentage is not unfairly inflated.
Can I afford a bicycle accident attorney?
Yes. Western Justice Associates handles bicycle accident cases on a contingency fee basis, meaning you pay nothing unless we win your case. We advance all investigation costs, expert fees, and court expenses. You pay us only if we recover compensation for you.
What is my bicycle accident case worth?
The value of your case depends on the severity of your injuries, your medical expenses, lost wages, permanence of injuries, and the degree of the driver’s negligence. A minor injury case might be worth $10,000 to $25,000. Serious injuries with permanent consequences can be worth hundreds of thousands of dollars. An attorney can evaluate your specific case and give you an honest assessment of its value.
Contact Western Justice Associates Today: Free Consultation
You were injured. A car hit you while you were doing nothing wrong. You deserve justice, and you deserve to be made whole.
Western Justice Associates represents injured bicyclists throughout Montana. Call us today for a free, no-obligation consultation. We’ll review the facts of your bike accident case, explain your rights, and tell you honestly what your claim may be worth.
We’ll also identify every insurance source that might apply to your case, ensuring you receive maximum compensation from all available coverage.
Don’t wait. Evidence fades. Deadlines approach. Call Western Justice Associates now.
Call (406) 587-1900 for your free consultation. We’re available 24/7. We serve all of Montana from our offices in Bozeman and Missoula.