Montana vs. Wyoming: Key Differences in Trucking Accident Laws

You may not be too surprised to learn that trucking laws differ from state to state. While each state has its own legal frameworks, impacting how trucking accident claims are handled, there are certain nuances that can make a big difference to a truck accident injury victim.

Below we explore Montana and Wyoming’s trucking accident laws. Our analysis includes key differences under Montana accident laws and how they affect claims differently to Wyoming statutes. We cover commonalities and key distinctions, including liability rules and filing deadlines, to help you navigate the legal process effectively.

Why Trucking Laws Differ from State to State

Trucking laws are handled at both the state level, governing trucking accidents, liability, and insurance requirements, and federal level. Federal laws, namely those established by the Federal Motor Carrier (FMCSA), are the baseline for trucking regulations nationwide.

Certain aspects of trucking laws and accident claims, such as liability, fault determination, and insurance coverage, are handled differently in Montana and Wyoming. If you or a loved one has been the victim of an accident involving a commercial trucking in Montana or Wyoming, whether you live there or traveled through one of these states, you should be aware of how the claims process is legally handled.

5 Key Differences Between Montana & Wyoming Trucking Accident Laws

Let’s take a closer look at how these two neighbors deal with trucking accident laws, victim rights, and holding guilty parties liable.

#1 Fault & Liability Rules

A fault-based system, one in which the driver responsible for causing the accident is liable for damages, is adopted by both Montana and Wyoming state law.

Both states also have similar modified comparative negligence laws, which reduce damages based on the claimant’s percentage of fault.

Montana and Wyoming both have what’s known as a fault threshold for recovery. In Montana, victims can recover damages if they are less than 51 percent at fault. In Wyoming, the threshold is 50 percent.

Montana and Wyoming laws require police reports, witness statements, or other evidence in order to assign negligence and fault. And, in both states, the at-fault driver, or the trucking company he works for, is responsible for covering medical expenses, property loss, lost wages, and any other damages incurred.

#2 Statute of Limitations for Filing a Claim

In Montana, the statute of limitations for filing a claim is three years from the date of the accident.

Wyoming has a four-year statute of limitations for filing a truck accident claim.

#3 Insurance Requirements for Trucking Companies

Both Montana and Wyoming require truck operators to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 for property damage.

#4 Laws on Trucking Company Liability & Employer Responsibility

The legal doctrine of respondeat superior holds employers responsible for the actions of their employees, performed within the scope of employment, in both Montana and Wyoming.

Even if the truck driver is an independent contractor, the employer can still be held responsible if they retain control over the work, the work is inherently dangerous, or the work is a nondelegable duty based on the contract.

Employers are also liable for accidents when they fail to adhere to federal and state regulations regarding vehicle maintenance, driver qualifications, and hours of service.

#5 Special Considerations for Trucking Accidents in Rural vs. Urban Areas

Unfortunately, truck accidents in Montana and Wyoming often take place in rural areas. This can pose a number of obstacles that accidents that occur in urban areas don’t have to contend with.

Here are a few of the considerations for accidents in rural areas:

• May delay law enforcement response
• May delay timely medical care
• Evidence may be compromised, such as skid marks or vehicle debris
• Lack of road maintenance
• Weather conditions – severe weather is common, including high winds/tornadoes, extreme heat and cold, hailstorms, and thunderstorms
• Limited infrastructure

Have You Been In A Truck Accident?

3 Frequently Asked Questions Surrounding Trucking Accident Claims

If you’ve been injured or have lost a loved one due to a trucking company’s negligence, you likely have a lot of questions about how the claims process works.

We’ve answered a few of the most common ones we receive below. If you don’t see your question listed, please reach out to our law firm to speak directly with an experienced truck accident attorney.

Where Do I File My Claim?

While there may be some exceptions, such as if your accident involves an out-of-state trucking company, the state where the incident occurs is more often than not where the claim is governed. There’s also the chance that federal trucking regulations may influence the filing process.

How Do Insurance Companies Handle Claims Differently, Depending on the State?

As noted above, states have different rules regarding liability limits and insurance coverage. This can cause insurance companies to take a different approach, depending on the state in which the claim is filed.

A good attorney knowledgeable in insurance company shenanigans, can prevent insurers from seeking out state-specific loopholes in effort to minimize their payouts.

How Can an Experienced Truck Accident Lawyer Benefit My Case?

Because trucking-related accidents are more complicated than typical fender benders, it’s highly recommended that you hire a law firm with experience in truck accident cases.

In most cases, experienced legal guidance is necessary to properly determine fault, employer liability, and insurance coverage.

How Stinson Law Group Helps Trucking Accident Victims

The tractor-trailer accident lawyers at Stinson Law Group have a deep understanding of state-specific trucking laws. This knowledge allows our legal team to build strong cases for our clients. We aggressively pursue maximum compensation and diligently work to protect victims from unfair insurance practices.

Have You Been in a Truck Accident in Montana or Wyoming?

If you’ve been injured in an accident caused by a trucker or are the surviving family member of a wrongful death caused by a commercial trucking operator, in either Montana or Wyoming, Stinson Law Group is the legal team you want on your side.

We’ve helped many individuals in similar circumstances by being strong advocates for truck accident victims and maximizing the compensation they deserve.

Contact our office in Bozeman, for a Montana accident lawyer, or Cody, for a Wyoming accident lawyer, and request a free consultation with an expert in truck accident claims.

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