Tipp Coburn Lockwood, P.C. Legal Blog

When a Truck’s Rear Guard Fails: Understanding Underride Crashes in Missoula Key Takeaways: A semi-truck underride guard defect occurs when the rear impact guard beneath a trailer fails to stop a passenger vehicle from sliding underneath during a collision, turning a survivable crash into a catastrophic one. Failures can stem from design flaws, manufacturing errors, improper installation, maintenance neglect, or failure to warn, each pointing toward a different responsible party. Montana claims often combine general negligence under Mont. Code Ann. § 27-1-701 with strict product liability under Title 27, Chapter 1, Part 7, including § 27-1-719, which imposes liability on sellers of unreasonably dangerous products and sets out limited statutory

Federal Insurance Protection Behind Big Rigs on Montana Highways Key Takeaways: The MCS-90 endorsement is a federally mandated attachment to interstate motor carrier liability policies that requires insurers to pay judgments to injured parties, even when policy exclusions might bar coverage. It functions like a suretyship, the insurer pays first, then seeks reimbursement from the trucking company. For Missoula truck crash victims, it becomes relevant after negligence is proven under MCA 27-1-701 and a judgment goes unsatisfied. Its reach is limited: it applies to interstate transportation under federal financial responsibility rules, caps at federally required minimums, and protects the public rather than employees or carriers. Coverage often spans primary, excess,

Getting Your Medical Bills Paid Before Your Montana Crash Case Settles Key Takeaways: Ridley advance medical payments require an at-fault driver’s liability insurer to pay a Missoula crash victim’s medical expenses as incurred, rather than withholding payment until settlement. The rule comes from Ridley v. Guaranty National Insurance Co. (1997) and rests on Montana’s Unfair Trade Practices Act, which bars insurers from leveraging an injured person’s financial distress. It applies only when liability is reasonably clear, is limited by available policy limits, and is not self-executing, the claimant must send a demand supported by police reports, medical records, and itemized bills. Covered damages are objective and documented, such as medical

Your Injury Claim Options When the Case Involves Alcohol Key Takeaways: Roughly 14% of Missoula-area crashes involve alcohol, and Montana law gives injured victims clear paths to compensation when an impaired driver is at fault. Injured people generally have three years from the date of injury to file a personal injury lawsuit under MCA 27-2-204(1), while wrongful death claims allow three years, extended to ten years when death results from homicide such as certain DUI fatalities. Because Montana follows modified comparative negligence under MCA 27-1-702, a claimant who is 50% or less at fault can still recover, though damages are reduced by their share of fault. Montana law requires immediate

Understanding Fault in a Montana Trucking Collision Key Takeaways: Liability in a Missoula semi-truck accident often extends beyond the driver to include the trucking company, maintenance providers, cargo loaders, and sometimes government entities. Under Montana’s negligence law (MCA § 27-1-701), any party whose lack of ordinary care causes injury can be held accountable, while the state’s modified comparative fault rule (MCA § 27-1-702) allows partially at-fault victims to recover reduced damages if their fault is not greater than the combined fault of defendants. Federal Motor Carrier Safety Administration regulations covering hours-of-service, maintenance, driver qualification, and testing help establish negligence and can reveal a carrier’s pattern of misconduct. Because perishable evidence