Guide to Filing a Truck Accident Claim in Montana

Below, we dive into the claims process for victims of truck and large vehicle accidents. We explain where to start, how liability is assigned, when to expect compensation, and, perhaps most importantly, the importance of having an experienced attorney on your side.

Here are a few key aspects of Montana’s laws as they may apply to your case:

Modified comparative negligence – In Montana, if you are found to be 51 percent or more responsible for the accident, you are not entitled to recover damages.

Multiple liability parties – In many instances, the person driving the truck that caused the accident is responsible; however, liability may lie with the trucking company, vehicle manufacturer, or cargo loaders.

Local and federal laws – Montana enforces hours-of-service limits and other local regulations truckers must adhere to in addition to Federal Motor Carrier Safety Administration (FMCSA) rules.

Insurance challenges – In Montana, trucks are required to carry a minimum of $750,000 in liability insurance, but insurers are known to aggressively dispute claims.

Montana statute of limitations – These allow for three years to make a personal injury claim and two years for property damage claims.

Immediate Steps to Take After a Truck Accident

If you’re reading this immediately after having been involved in a truck-related accident, the first thing you need to do is alert law enforcement. Of course, if you or anyone on the scene is experiencing any pain, call for medical assistance.

It’s important that you have official records of the accident and that the scene is investigated by police or your insurance adjuster. This information may be vital to proving claims made during the compensation process.

If you’re able to, take photos of the crash scene and any injuries you have, road conditions, the direction of travel and post-crash vehicle position, and the surrounding area while assessing any road hazards.

Be sure to exchange insurance information with all parties involved and do not admit to being at fault. Try to avoid discussing your involvement in the incident altogether.

Have You Been In A Truck Accident?

Understanding Liability in Montana Truck Accidents

We briefly touched on comparative negligence, but let’s dig a little bit deeper. We’ve noted that if you are found to be the person who caused the accident or 51 percent responsible for the collision, you cannot recover damages. But what happens if some fault lies with your actions?

Let’s say you are deemed to be 20 percent at fault for the accident. This means that you can recover 80 percent of the total damages. So if $100,000 is to be rewarded, you’d only receive $80,000.

Also, as mentioned, the driver may be entirely responsible for the accident, or he may carry some or no responsibility at all. Liability may potentially lie in another party entirely. Here’s a list of potentially liable parties or responsible entities:

• The driver
• The trucking company
• The truck maintenance provider (i.e., mechanic or parts manufacturer)
• The company that loaded the truck (i.e., dock workers)
• The road maintenance crew
• The government (i.e., poorly maintained roads or inadequate signage)
• Another driver on the road

This is why having a truck accident attorney in Montana, one who knows how to investigate complex scenarios to assign fault and hold the right party/parties responsible, is key to ensuring you are fairly compensated.

How Do Semi-Truck Accident Lawsuits Work?

Here’s how the process works when involved in a commercial vehicle or semi-truck accident:

Step One: Get a Lawyer

A truck accident-injury case is not one that you want to go it alone. You definitely need a knowledgeable, experienced attorney in your corner who will fight on your behalf.

An experienced Montana lawyer, like the attorneys at Stinson Law Group, know how to investigate, which laws apply, and the damages that you should be compensated for. This could include property damage, medical expenses, rehabilitation costs, lost wages, and, potentially, ongoing medical expenses.

You may also be entitled to compensation for the psychological impact the accident has had on your life, including pain and suffering, emotional distress, and loss of enjoyment.

Punitive damages may also be awarded if gross negligence or intentional misconduct, such as drinking and driving, took place.

Step Two: Accident Investigation

This is where having an experienced lawyer can pay dividends. Your legal team needs to fully understand the circumstances that led to the accident, why it happened, and who caused it. This often involves gathering police reports and medical records and speaking with witnesses.

This information is vital to your case and used to support your claim for compensation.

Step Three: File a Claim

With the evidence in hand, your attorney files a claim with the at-fault party’s insurance company. This process, if it goes fast, can be done within a few months. However, if much of the case is disputed or if the parties cannot negotiate a settlement, the case may take years to be settled by the courts.

Step Four: Negotiate a Settlement

If all goes well, your legal team negotiates a fair and honest settlement amount and both parties go their separate ways. Unfortunately, it’s the guilty party’s insurance company’s job to pay out as little as they possibly can get away with and because of this, it’s important that your attorney knows how to negotiate and play hardball (if needed).

Step Five: File a Lawsuit

When an agreement cannot be made, your next course of action is to file a lawsuit and sue the party or parties who are at fault for your accident. There’s still the chance that arbitration can lead to a deal both parties are satisfied with, but if not, the case may end up in court.

Step Six: Go to Trial

Going to trial isn’t the ideal outcome one wants when filing a claim; however, sometimes it’s necessary to hold the guilty party responsible and get them to pay for your damages. In Montana, an accident-injury case can end up being a jury trial or a bench trial.

If either party chooses, they have a right to a jury trial. But if both parties agree, they can opt for a bench trial in which the judge determines who is at fault and the compensation the injured party is able to recover.

Compensation You May Be Entitled To

You may be awarded damages due to a number of different factors. The types of damages that truck accident victims are able to file a claim for fall under the following categories:

Economic damages – Covers financial losses, including the medical bills you had to pay – hospitals, surgery, physical rehab, medications, etc. This also covers money you didn’t earn due to lost wages or missed work opportunities. The damage to your vehicle is covered under this section, too.

Non-economic damages – Covers intangible losses, like pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

Punitive damages – Additional money you may be eligible to receive if the guilty party conducted an act of gross negligence or intentionally tried to harm you or someone else on the road.

Why You Need a Truck Accident Attorney in Montana

Filing a claim when it involves dealing with insurance companies is not an easy process. If you’ve been in a truck accident in Montana, you need an attorney with experience in truck-related accidents in Montana. It’s that simple.

You want to ensure that the party responsible is held liable. You don’t want the insurance company to take advantage of you. And you want the laws to be upheld.

A good truck accident lawyer in Montana will do this and more. They’ll aggressively negotiate on your behalf, they’ll handle all legal filings, they’ll work tirelessly to get the compensation that you deserve, and they’ll go to court in order to convince the judge or jury that the damages you’re asking for are fair and justified.

Have You Been in a Truck Accident in Montana?

If you’ve been involved in a truck accident in Montana, pick up the phone and call Stinson Law Group today. You’ll receive free advice on the next steps you should take, and if you decide to retain our services, we’ll fight for every penny you deserve.

Our team is composed of award-winning trial lawyers, offers decades of experience, and has numerous success stories in which we recovered significant sums for our clients.

Don’t put off talking to a lawyer. Click or call today to schedule your free consultation.

Free Initial Consultation