Category: Motor Vehicle Accidents

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

Understanding the Stakes Behind Montana’s 2025 Traffic Deaths Key Takeaways: Montana recorded 198 traffic fatalities in 2025, reflecting an ongoing safety crisis that left many families facing injury or wrongful death claims. The claims process generally begins with understanding fault, preserving evidence such as photos, witness statements, and medical records, and identifying all available insurance coverage before negotiating or filing suit. Montana law imposes strict deadlines, with most injury and wrongful death claims subject to a three-year statute of limitations under MCA § 27-2-204, though homicide-related deaths allow up to ten years. Because Montana follows a modified comparative-fault standard, victims may recover if their fault is 50 percent or less,

Understanding Compensation After a Montana Semi-Truck Collision Key Takeaways: A Missoula truck accident lawyer can help victims recover several categories of damages under Montana law, including economic losses like medical bills, future medical care, lost wages, and diminished earning capacity, as well as non-economic harm such as pain and suffering, emotional distress, and loss of enjoyment of life. In fatal cases, families may pursue wrongful death damages. Because semi-truck crashes often cause catastrophic injuries and involve multiple liable parties, drivers, trucking companies, maintenance providers, or parts manufacturers, these claims tend to be significant in both value and complexity. Montana’s modified comparative negligence system can reduce or bar recovery depending on

Building a Strong Fault Case After a Missoula Car Accident Key Takeaways: Proving fault after a Missoula car accident requires gathering strong evidence early, including police reports, photographs, witness statements, and medical records. Montana follows a modified comparative negligence rule under MCA § 27-1-702, meaning you can recover damages only if your fault is not greater than the combined fault of all defendants, with awards reduced by your percentage of responsibility. Defendants over 50% at fault face joint and several liability in multi-vehicle crashes. Insurance companies actively look for ways to shift blame, so preserving evidence and avoiding recorded statements without legal counsel is critical. Montana’s three-year statute of limitations

Understanding Your Rights After a Semi-Truck Crash in Missoula If you or a loved one suffered serious injuries in a semi-truck collision in Missoula, Montana, you may have legal rights that deserve immediate attention. Montana law provides specific protections for victims of commercial truck crashes, including the right to pursue compensation from multiple liable parties. According to 2023 NHTSA/FMCSA data, approximately 5,472 people died in large truck crashes nationally; fatalities rose to a record peak of approximately 5,969 in 2022 after significant increases over the prior decade. Knowing your options can make the difference between recovering fair compensation and missing critical deadlines. If you need guidance on your semi-truck injury

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.