Tipp Coburn Lockwood, P.C. Legal Blog
Most Recent Posts
What Is Comparative Fault in a Missoula Car Accident Case?
How Comparative Fault Affects Your Missoula Car Accident Claim After a car accident in Missoula, one of the first questions injury victims face is whether they can still recover compensation if the insurance company claims they were partially at fault. Montana follows a modified comparative negligence model with a 51 percent bar, meaning you may pursue damages as long as your share of fault does not exceed 50 percent. Under Montana Code Annotated (MCA) § 27-1-702, contributory fault does not bar recovery if it was not greater than the fault of the defendant or combined defendants. If you share some blame, your damages are reduced proportionally rather than eliminated entirely.
What Happens at a Missoula DUI Arraignment in Montana?
Your First DUI Court Appearance in Missoula: What to Expect If you have been charged with a DUI in Missoula, Montana, the arraignment is your first formal court appearance, and understanding what happens can significantly impact how your case proceeds. A DUI arraignment is where the court formally presents the charges, confirms your identity, and asks for your plea. Under Montana law, arraignment procedures are governed by Title 46, Chapter 12 of the Montana Code Annotated. Knowing what to expect can help you protect your rights and make informed decisions from the start of the Montana DUI legal process. If you are facing DUI charges in Missoula, the team at
What Is the 30-Day Deadline After a Missoula DUI Arrest?
If you were recently arrested for DUI in Missoula, one of the most critical windows you face has nothing to do with your criminal case. Under Montana law, you generally have 30 days from the date you are given notice of your right to a hearing to file a petition in district court to challenge the suspension of your driver’s license. This deadline, governed by MCA § 61-8-1017, runs separately from any criminal charges and applies when you have refused a chemical test requested by law enforcement. Missing this window may mean losing your driving privileges without ever having the chance to contest the suspension before a district court judge.
What Happens If a Truck Driver Violates Hours of Service in Missoula?
When a commercial truck driver violates federal hours of service rules and causes a crash in Missoula, the consequences extend far beyond a simple traffic citation. Victims may face catastrophic injuries, mounting medical bills, and a complex legal process involving multiple liable parties. Under Montana law, specifically MCA § 27-1-701, each person is responsible for injuries caused by their lack of ordinary care, meaning a fatigued truck driver who ignored mandatory rest requirements may be held liable for the harm they cause. Understanding how these violations work can help injured individuals protect their right to compensation. If you or a loved one suffered injuries in a semi-truck crash involving a
When Should a Missoula Car Accident Victim Hire a Lawyer?
If you have been injured in a car accident in Missoula, the short answer is: sooner rather than later. Montana’s legal deadlines, comparative fault rules, and insurer tactics can all work against you if you wait too long. Whether you are dealing with mounting medical bills, a denied insurance claim, or questions about fault, understanding when to bring in legal help can make a meaningful difference in recovering fair compensation. A car accident lawyer in Montana can help you navigate the state’s specific statutes, protect critical evidence, and counter lowball settlement offers before your rights expire. If you were hurt in a Missoula car crash and are unsure about your
What Is Aggravated DUI in Montana and How Does It Affect a Missoula Case?
Aggravated DUI in Montana is a serious criminal charge carrying penalties well beyond a standard DUI. Montana law recognizes an "aggravated" DUI when certain factors are present, such as a blood alcohol concentration (BAC) of 0.16 or higher, a prior license suspension tied to a previous DUI, or refusing a breath or blood test when the person’s driver’s license was previously suspended, canceled, or revoked under the provisions of an implied consent statute. Originally codified under MCA § 61-8-465, Montana’s aggravated DUI provisions were repealed and recodified in 2021 under MCA §§ 61-8-1001, 61-8-1007, and related sections, effective January 1, 2022. If you are facing aggravated DUI charges in Missoula,
Can Missoula Police Charge a DUI Without Actual Driving?
Can Missoula Police Charge a DUI Without Actual Driving? Yes, Missoula police can charge you with a DUI even if you were not actively driving your vehicle. Under Montana law, a person commits the offense of driving under the influence if they drive or are in "actual physical control" of a vehicle while impaired by alcohol, drugs, or a combination of both. This means that sitting in a parked car with the keys accessible while intoxicated could potentially result in DUI charges. Understanding how Montana’s actual physical control law works is critical for anyone facing these charges in Missoula or throughout the state. If you have been arrested or cited
Can a DUI Charge Be Dismissed in Missoula Montana?
Can a DUI Charge Be Dismissed in Missoula, Montana? Facing a DUI charge in Missoula can feel overwhelming, but dismissal is possible under the right circumstances. Montana law provides several avenues for challenging DUI charges, from contesting the legality of the traffic stop to disputing the accuracy of chemical testing. While the state takes impaired driving seriously, the prosecution must still prove every element of its case beyond a reasonable doubt. Understanding your rights and the potential weaknesses in the evidence against you is the first step toward building an effective defense strategy. If you have been arrested for DUI in Missoula, contact Tipp Coburn Lockwood P.C. at 406-506-0575 to
Can Passengers File Car Accident Claims in Missoula?
Can Passengers File Car Accident Claims in Missoula? Yes, passengers injured in car accidents in Missoula generally have the right to file claims for compensation. Unlike drivers, passengers are rarely considered at fault for a collision, which often places them in a strong position to recover damages. However, knowing which insurance policies apply, what deadlines to follow, and how to protect your claim can feel overwhelming, especially while dealing with injuries. Understanding your legal options is the first step toward pursuing the compensation you may deserve. If you were hurt as a passenger in a Missoula car accident, Tipp Coburn Lockwood P.C. is here to help. Call 406-506-0575 or reach