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Montana Car Accident Lawyer

If you or a loved one has been injured in a car crash in Montana, you may be feeling stressed, confused, and alone. An Advocate can help you recover.

A Car Accident Attorney Can Help Your Case

After a car accident, it’s normal to feel overwhelmed, upset, and worried about your future. Injuries, property damage, and the inability to work can make life feel uncertain.

The Advocates’ personal injury attorneys have been representing car accident victims for nearly three decades, and we are ready to help you too. We are committed to assisting you in your physical, emotional, and financial recovery.

If you need a competent, caring attorney for your personal injury claim, contact The Advocates law firm today for a free consultation.

The Next Steps In Your Case

Injury

Immediately after your accident, check for injuries

Hire Attorney

Contact The Advocates as soon as possible to begin the road to recovery

Treatment

Seek medical attention as soon as you can

Property Damage

Get any property damage assessed and repaired

Finish Treatment

Once you've completed treatment, your case can move forward

Demand

Your Advocate will send a demand letter to the other party

Frequently Asked Questions

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. Your attorney will build your case, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own.

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability.

The Advocates work on contingency only. Our legal fees are calculated as a percentage of your settlement and are only collected after your case is completed. This means that you only pay us if we win your case and you collect compensation. That’s The Advocates Guarantee.

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more.
In general, personal injury cases can take anywhere from several months to a few years. It’s important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action.

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin.
In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator.

A Team of Car Accident Professionals Assigned to Your Case 

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive the compensation and care they deserve after their accidents, and we are prepared to do the same for you. 
We can help you:

  • Understand the claims process
  • Investigate your accident
  • Build your case
  • Negotiate with insurance adjusters

You only pay if we win your case!

Talking to a Professional

Talk to a professional

Montana Car Accident Statistics

Snowy road in the Montana Rockies

Where are car accidents most likely to occur?

  • The counties with the highest number of car accident fatalities are Missoula, Yellowstone, and Flathead counties
  • I-90 through Missoula and the junction of I-90 and I-94 in Billings have high numbers of car accidents each year
  • Flathead and Gallatin counties have the highest percentage of impaired driving accidents each year
  • Rural and urban areas have around the same number of crashes each year. However, rural crashes are far more likely to be fatal than urban accidents

Montana state car accident statistics  

  • Statewide, there are more than 40,000 car accidents each year
  • Around 72% of crashes involve male drivers, compared to 55% for female drivers
  • Speeding is a factor in 15-17% of all car accidents each year and more than 30% of fatal car accidents involve one or more speeding vehicles
  • Distracted driving contributes to more than 30% of all Montana car accidents annually
  • More than 25% of car crashes occur during nighttime hours
  • Around 30% of motor vehicle accidents occur on weekends, specifically in the 48 hours between noon on Friday and noon on Sunday
  • Most fatal and serious injury crashes are single vehicle roadway departure crashes
  • Unrestrained drivers make up only 5-7% of car accidents each year, however, they account for more than 50% of car accident fatalities and 30% of serious injuries
Bar Graph on Male to Female accident statistics
Winter tree and country in Montana

Common causes of car accidents

  • Distracted driving: Motorists become much more dangerous and unpredictable when texting or talking on the phone
  • Impaired driving: Car accidents are far more likely to happen when one or more drivers is under the influence
  • Adverse weather conditions: Montana is prone to snowy and icy conditions that can lead to accidents
  • Failure to yield the right-of-way: If motorists are unfamiliar with the traffic laws in the area, they may enter intersections when it is not safe to do so, endangering those around them
  • Improper passing: Illegal passing on two-lane highways can lead to head-on collisions, which often cause devastating injuries

Common car accident injuries 

Depending on the nature of your accident, car accident injuries can range from mild to life-threatening. Some common vehicle collision injuries include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Whiplash
  • Lacerations and bruising

Montana Traffic Laws

Speed limits for Cars vs. Trucks in Montana

What is the maximum speed limit in Montana?

In most cases, the speed limit on the interstate in Montana is 80 miles per hour. Heavy trucks have a maximum speed limit of 70 miles per hour. On two-lane highways, passenger vehicles have a maximum speed of 70 miles per hour during the day and 65 miles per hour at night.
The penalty for violating the speed limit can range from fines of $40-200. In some areas, like construction zones, fines are doubled. For speeding in a school zone, a person may be convicted of a misdemeanor in addition to having to pay a fine.

What is considered “distracted driving” in Montana?

According to the Montana Department of Transportation, distracted driving is classified as any non-driving activity that has the potential to distract a driver from the primary task of driving and increase the risk of crashing. This includes, but is not limited to: 

  • Cell phone use 
  • Eating 
  • Smoking
  • Adjusting the music
  • Looking at maps

The state of Montana is currently the only state in the country that does not have statewide distracted driving laws of some kind. However, many cities have enacted their own laws regarding cell phone use while driving, including Helena, Missoula, Billings, Bozeman, and others.
The state itself has introduced several measures to ban texting and driving statewide over the last few years, but has not yet managed to pass one.

Man eating an hamburger while driving car
BAC legal limit for Montana

What is considered “driving under the influence” under Montana law?

No one may drive under the influence of drugs or alcohol. “Drugs” includes prescription drugs, marijuana (even as a registered cardholder) or illicit drugs.
In Montana, the legal blood alcohol concentration limit is 0.08. For commercial drivers, the limit is 0.04. However, there are times when an individual may be charged with impaired driving, even if their BAC is less than the legal limit. 
If there is sufficient evidence that a driver has been drinking or using drugs, even if their BAC is below the legal limit, they may still be charged.
The penalties for drunk driving in Montana are severe. 
For a first offense, a driver must:

  • Serve jail time of 24 hours-6 months
  • Pay a fine of $600-2000
  • Be assessed by a licensed addiction counselor 
  • Participate in a chemical dependency education course
  • Have their license suspended for 6 months

For second and third offenses, penalties increase:

  • 7 days-1 year in jail
  • $1,200-5,000 in fines
  • Ignition interlock device installed on car
  • Treatment for chemical dependency required
  • Driver’s license suspended for 1 year

Penalties increase even more if a passenger was in the car at the time of the DUI.
In the case of a drunk driving accident, the impaired driver will usually be found at-fault. If you’ve been in a car crash with a drunk driver, contact The Advocates to get started on the road to recovery.

What responsibilities do drivers have after an accident?

Any driver who knows or should have reasonably known that they have been involved in an accident with a person, object, or another vehicle, must stop as close to the scene of the accident as is safe. The driver has a duty to ensure injured parties receive aid from a medical professional and exchange information with the other driver. Failure to do so is considered a hit-and-run.
If you’ve been involved in a motor vehicle accident, be sure to do the following:

  • Move your car out of traffic (if possible)
  • Check for injuries
  • File a police report
  • Exchange contact information and insurance information with the other party
  • Seek medical attention, even if you do not believe you are injured
  • File a car accident claim with your own car insurance provider
  • Consider contacting an auto accident attorney
Driver exchange insurance information after a Car accident
Clock with Gavel in a courthouse

What is the statute of limitations for car accidents?

For any personal injury case, a plaintiff only has a certain amount of time to file their claim. After that time period is up, they lose their right of action. This is referred to as the statute of limitations.
In Montana, the statute of limitations for car accident cases is 3 years. However, it is a good idea to file your claim much sooner than that. Personal injury cases can take a long time to settle, so it is a good idea to give yourself as much time as possible before the statute of limitations is up. As soon as you think you may have a case, contact a personal injury lawyer so they may begin working on your claim.

When Should I Hire a Car Accident Attorney?

If you were injured in a car accident, you will need to prove that the other driver was at fault in order to receive any damages. Montana is a comparative negligence state, meaning that you must be found less responsible for the accident than the other driver(s) in order to receive a settlement. Your claim will be reduced depending on how much responsibility you are found to have had in causing the accident.
Insurance companies can be ruthless and will do whatever they can to prove you had some responsibility in the accident. Fighting insurance providers on your own can be stressful, upsetting, and disruptive to your recovery.

The Advocates’ auto accident lawyers have years of experience negotiating with insurance providers and fighting for our clients’ right to fair compensation under the law. We are ready to provide you with fierce legal representation and thoughtful, compassionate care throughout your entire recovery.
We are here to help every step of the way– our number one priority is your peace of mind. The Advocates will be by your side from the day you contact us to the day you receive your settlement check. Contact us today for a free case evaluation. You deserve a worry-free recovery. You deserve an Advocate.

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