Car Accident Lawyer in Montana
No one wants to be involved in a car accident. Not only does that disrupt your day, but you could also feel the ramifications of a crash for weeks and months. And if you have been injured in these accidents, they can add even more complications to your life.
With a car accident injury, you must deal with the medical bills, lost wages, and other expenses related to the incident. To make matters worse, in most cases, someone else was responsible for the incident. So, why should you have to pay for these accident-related expenses?
If you are struggling with the aftermath of a car accident, you have options. You are entitled to hold those negligent parties responsible and seek compensation under the law.
How do you start the path to recovery? Contact a Bozeman and Missoula car accident lawyer today.
At Western Justice Associates, we have helped accident victims and their families get the help they need to navigate those complicated personal injury cases. If you would like to learn about your legal options, reach out to our office.
Types of Car Accidents
Car accidents can range from fender benders to head-on collisions. Each case is unique. While one person might be able to walk away from a rear-end crash, someone else could feel the effects of severe whiplash for months or years.
Car accidents can happen anytime, anywhere, and to anyone. A legal professional can help you assess the feasibility of your claim so that you can determine what legal options to take.
Our office handles a wide range of car accident claims in Bozeman, Missoula, and the surrounding areas, including:
- Rear-end collisions: These accidents occur when a vehicle hits the one in front of it. When the driver of the following vehicle is not paying attention to the road ahead or when they are following too closely, it can result in a rear-end collision.
- Front-impact crashes: This type of crash is also known as a head-on collision. These car accidents occur when the fronts of two vehicles collide. They can be very severe and often result in serious injuries or death.
- Side-impact accidents: When the side of a vehicle is hit by the front or rear of another car, that is called a side-impact collision. Sometimes, you may hear them referred to as a T-bone crash. These accidents can be extremely dangerous, especially if the impact occurs on the driver’s side of the car.
- Hit-and-run incidents: These accidents involve a driver causing an accident and leaving the scene without stopping to identify themselves or offer assistance. They can be very dangerous, especially if the victim is left without help. If the driver is found, they can face additional criminal charges for leaving the scene of an accident.
These accidents can lead to a variety of injuries, from minor scrapes to even fatalities in some cases. These injuries may include:
- Whiplash is a neck injury due to forceful, rapid back-and-forth neck movement.
- Broken bones in the arms, legs, ribs, or other bones
- Traumatic brain injuries (TBIs) caused by a violent blow or jolt to the head.
- Spinal cord injuries often result in partial or complete paralysis.
- Internal injuries can damage organs, causing internal bleeding and other internal wounds.
- Cuts and scrapes that may lead to infections.
- Burns from explosions, fires, or contact with hot surfaces or substances.
- Post-traumatic stress disorder (PTSD) may be triggered by a terrifying event.
In the aftermath of a car wreck, it can be difficult to determine who is responsible for the incident, how to file a claim and calculate damages, and how to navigate the legal process. That is why you will want to seek the assistance of an experienced Bozeman or Missoula car accident lawyer to help you understand your rights and guide you through the legal system.
Determining Fault in an Car Accident
In Montana, liability is determined based on a “fault” system. With that, the party found to be at fault, or negligent, for the accident is liable for the damages. An individual can be negligent by doing something they shouldn’t have done (like running a stop sign) or failing to do something they should have done (such as maintaining the brakes and tires on a vehicle).
Under Montana law, liability is based on the degree of fault of each party involved in the accident. With that, the court determines the percentage of fault for each party. For example, if you are found to be 51% or more at fault for the accident, you cannot recover damages.
This is known as the “51% bar rule,” a modified comparative negligence rule. If a plaintiff is at fault for 50% or less of the crash, their recovery will be reduced by their “at-fault” percentage.
Often, after an accident, you need to file a claim with the other driver’s insurance company. But the other driver’s insurance company is not on your side. Their goal is to deny as many claims as possible and negotiate the lowest possible settlement for others.
You want someone in your corner who can navigate this complex system. That’s why it’s always a good idea to consult with a personal injury attorney who can help you get the compensation you deserve. Don’t let the insurance company take advantage of you—take action and protect your rights.
Why You Should Work with an Attorney After a Motor Vehicle Wreck
Car accident lawyers have seen it all. They know exactly how to deal with insurance companies and their sneaky tactics. These professionals understand the intricacies of motor vehicle accidents, helping in cases of injury, property damage, or even death.
One of the most important things a car accident lawyer can do for you is to determine fault. This means figuring out who was responsible for the accident and making sure they’re held accountable for their actions. They’ll fight to get you the compensation you deserve, whether for lost wages, medical bills, or pain and suffering.
Insurance companies love to delay payments and undervalue claims. That can make it hard to get your life back on track after an accident. With an attorney, they’ll handle all the negotiations and make sure you get a fair settlement.
Additionally, working with a car accident lawyer can reduce your stress and increase your chances of a fair outcome. These professionals will take care of everything so you can focus on healing and getting back to your everyday life.
Contact a Car Accident Lawyer Today
If you’re involved in a vehicle crash, don’t hesitate to reach out to an experienced law office immediately. They’ll provide the legal counsel and representation you need to get your deserved compensation.
At Western Justice Associates, we have helped countless individuals recover compensation from these accidents. From negotiating with insurance companies to protecting your rights in the courtroom, our legal team will be with you every step of the way.
Find out your legal options and how we can help in your situation. Schedule your free consultation today with one of our Bozeman or Missoula car accident lawyers.
Car Accident FAQs
What are the most common types of car accidents?
Common types of collisions handled by Western Justice include rear‑end crashes (when a following vehicle hits the car in front), head‑on crashes (front‑impact collisions), side‑impact or T‑bone collisions (when the side of a vehicle is struck), and hit‑and‑run incidents, in which the at‑fault driver flees the scene.
What injuries often result from car accidents?
Car wrecks can cause whiplash, broken bones, joint injuries, traumatic brain injuries, spinal‑cord injuries, nerve injuries, internal injuries, cuts, burns, and psychological trauma such as post‑traumatic stress disorder.
What should I do immediately after a car accident?
Move to a safe location if possible, call 911, exchange contact and insurance information with other drivers, document the scene with photos and witness details, seek medical attention, and notify your insurer, avoiding recorded statements until you consult an attorney.
How is fault determined in a Montana car accident?
Liability is based on negligence. Evidence such as police reports, witness statements, vehicle data recorders, and vehicle maintenance records help identify who breached a duty of care. Under Montana’s modified comparative negligence rule, each party’s fault is assessed as a percentage.
What happens if I’m partly at fault for a crash?
Montana’s 51 percent bar rule allows a plaintiff to recover damages only if damages they are 50 percent or less at fault. If a plaintiff is 50 percent or less at fault, recovery is reduced by their percentage of fault.
What damages can I recover after a car accident?
Economic damages include medical bills, future medical expenses, lost wages, and property damage. Non‑economic damages compensate for pain, suffering, loss of household services, loss of established course of living and emotional trauma. Punitive damages may be awarded for egregious conduct.
Why should I hire a lawyer after a car accident?
Insurance companies often deny or undervalue claims. Lawyers investigate the crash, gather evidence, negotiate with insurers, and, if necessary, litigate to ensure fair compensation.
What are common causes of car accidents?
Accidents may result when a driver runs a stop sign, fails to maintain brakes or tires, follows too closely, drives too fast for weather conditions or commits other negligent acts. Speeding, distraction, and impairment also contribute to crashes.
What evidence should I collect at the accident scene?
Take photographs of vehicle damage, road conditions, and weather, obtain contact information from witnesses, note the time and location, and request a copy of the police report.
How long do I have to file a car accident case in Montana?
The statute of limitations for most personal injury claims, including auto crashes, is three years from the date of the injury. However, you will want to notify all insurance carriers of the claim prior to filing a lawsuit, if possible.
Should I talk to the other driver’s insurance company?
Be cautious. Provide basic facts to your own insurer, but avoid recorded statements or detailed discussions with the at‑fault driver’s insurer until you speak with an attorney.
What happens if the at‑fault driver flees the scene?
Hit‑and‑run crashes are criminal offenses. If the driver is identified, they may face charges. Victims may file claims under their own uninsured‑motorist coverage if the other driver is not found.
What is whiplash, and how does it occur?
Whiplash is a neck injury caused by the rapid back‑and‑forth motion of the head and neck. It commonly occurs in rear‑end collisions.
What should I say when reporting the accident to my insurer?
Give factual information about the crash, avoid admitting fault, and consult an attorney before agreeing to a recorded statement.
How do I calculate lost wages after a car accident?
Lost wages are part of your economic damages. Keep documentation of missed work, pay stubs, and doctor’s notes. An attorney can help include future lost earning capacity in settlement negotiations.
What if a car crash causes a traumatic brain injury?
Vehicle accidents are one of the leading causes of TBIs. TBIs may be mild, moderate or severe. Another name for a TBI is concussion. Even mild TBIs or concussions may have serious impacts on people’s lives. It is important to get appropriate treatment for TBI and concussions.
How do side‑impact collisions (T‑bone accidents) happen?
A T‑bone crash occurs when the side of one vehicle is struck by the front or rear of another. These frequently happen when a driver runs a red light or stop sign. T-bone accidents can cause serious injuries.
What is a head‑on collision, and why is it dangerous?
A head‑on or front‑impact collision happens when the fronts of two vehicles collide. They frequently are caused by wrong way drivers or drivers that cross into opposing traffic. These crashes often result in severe injuries or fatalities because of the combined speeds and forces involved. Western Justice recently helped a victim of a wrong way driver recover $1.5 million due a broken hip that affected his ability to work.
What is a rear‑end collision, and how can it be prevented?
A rear‑end collision occurs when one vehicle hits the back of another. Maintaining a safe following distance, staying alert, and braking early can help prevent these crashes.
Can I claim compensation for emotional distress after a car accident?
Yes. Emotional distress is a non‑economic damage. Injured parties may be compensated for anxiety, depression, PTSD, and other psychological impacts.
Should I accept a quick settlement from an insurance company?
Quick settlement offers often vastly undervalue your claim. Consult an attorney before accepting any offer to ensure it covers all medical expenses, lost wages, and future needs.
Do I need uninsured/underinsured motorist coverage?
UM/UIM coverages are first party (your insurance) coverage and pay for injuries and property damage when the at‑fault driver has no insurance or insufficient policy limits. Uninsured Motorist coverage is required in Montana, but the required limit is only $25,000. Underinsured coverage is not required by law, but drivers should have as high of UM and UIM limits as they can afford. These limits are often not too expensive and can be the only money available to you if you are hurt through someone else’s negligence.
How do I add Uninsured/Underinsured coverage?
UM pays when the at‑fault driver has no insurance, while UIM covers damages exceeding the driver’s limits. When working with your agent or buying insurance online, be sure to select high policy limits for your UM/UIM coverage and get both as these limits protect you.
How do weather conditions affect liability in car accidents?
Snow, ice, fog, heavy rain, high winds, and flooded roads can contribute to crashes. Drivers must adjust speed and following distance to conditions; failing to do so may constitute negligence.
How do I prove the other driver was negligent?
Documenting the accident scene, obtaining police reports, gathering witness statements, downloading vehicle data recorders and showing that the driver violated traffic laws or maintenance obligations can help establish negligence.
What is the role of the police report in a car accident claim?
Police reports provide an official record of the collision and often include details about the parties involved, witness statements, and preliminary fault determinations.
How does insurance work for out‑of‑state car accidents?
Coverage often travels with you, but laws differ by state. Understanding whether the state uses a fault or no‑fault system and the applicable damage caps helps protect your claim.
Should I see a doctor even if I feel fine after the crash?
Yes. Some injuries, including TBIs, may not present symptoms immediately. Prompt medical evaluation protects your health and creates documentation for your claim.
How do attorneys counter insurance company tactics?
Lawyers are experienced in negotiating with insurers. They understand common delay tactics and lowball offers and can pursue litigation if an insurer refuses to act in good faith.
What compensation is available if a car accident results in wrongful death?
A wrongful‑death claim may provide damages for funeral costs, lost income, loss of companionship, and other losses. The personal representative of the deceased’s estate brings the claim on behalf of eligible family members.