Following Too Closely Behind a Motorcycle: A Simple Mistake That Can Become a Montana Wrongful Death Case
One car length. That is sometimes the only gap between a driver’s split-second mistake and a motorcyclist’s death.
Tailgating a motorcycle does not look like much from behind the wheel of a car. A rider has no bumper, no airbag, and no steel frame to absorb a hit from behind. When a driver misjudges the distance and the motorcycle brakes even slightly, the results are often catastrophic, and sometimes fatal.
If you lost a loved one this way on a Montana road, what the other driver calls an “accident” may be exactly the kind of preventable negligence that Montana’s wrongful death law was written to address.
Doubek, Pyfer & Storrar, PLLP is a Montana motorcycle accident law firm that has helped grieving families hold negligent drivers accountable since 1978. Call us at 406-442-7830 or fill out our confidential contact form to talk through what happened.
Why Tailgating Is So Dangerous for Riders
A motorcycle can often stop faster than a car, but a tailgating driver rarely has the reaction time to match that. When a rider taps the brakes for traffic, a curve, or a deer on the shoulder, a driver following too closely often has no room left to react.
The result is a rear-end collision that a motorcyclist has almost no way to walk away from. Riders make up the vast majority of deaths in crashes between a motorcycle and another vehicle, since a bike offers no protection against the weight and speed of what hits it from behind.
What Montana Law Says About Following Too Closely
Montana law is direct about this. Under Montana Code Annotated 61-8-329, a driver may not follow another vehicle more closely than is reasonable and prudent, given the speed, traffic, and road conditions.
This rule applies just as much behind a motorcycle as behind a car, and arguably more, since a rider needs extra room to be seen and to brake safely. A driver who breaks this law and causes a fatal crash is not just guilty of a bad habit. They may be legally negligent, which is the foundation of a wrongful death claim.
From Traffic Violation to Wrongful Death Claim
Many families assume that because a crash gets written up as a simple traffic citation, there is not much of a case behind it. That is rarely true. Montana law defines a wrongful death as one caused by the wrongful act or neglect of another person. A driver who tailgates a motorcycle and causes a fatal rear-end collision has neglected a basic duty of care owed to everyone else on the road. The personal representative of the rider’s estate can file a wrongful death claim on behalf of the surviving spouse, children, or parents to recover for the loss of income, companionship, and support the family now faces.
What Damages Can a Montana Family Recover
Wrongful death damages in Montana fall into two categories.
- Economic damages cover costs you can put a number on, like funeral expenses, medical bills, and the wages and benefits the rider would have earned over their lifetime.
- Non-economic damages cover losses that do not come with a receipt, like the loss of a spouse’s companionship or a parent’s guidance.
A Montana motorcycle accident attorney can walk your family through which of these apply.
Proving the Driver Was Following Too Closely
In tailgating cases, evidence disappears fast. Skid marks fade, vehicles get repaired, and witnesses forget details within weeks. A thorough investigation pulls together the police crash report, event data recorder information, witness statements, and sometimes an accident reconstruction expert who can calculate the following distance and speed at the moment of impact.
A Montana motorcycle accident lawyer can start this work right away, before key proof is lost.
Why This Happens So Often on Montana Roads
Montana’s open highways and long, straight stretches of road can lull drivers into a false sense of security. Riders are harder to spot than a car, especially at dusk, and drivers sometimes close the gap without realizing how little space a motorcycle needs to slow down safely. Add a distracted glance at a phone, and a routine stretch of highway near Helena or anywhere else in the state can turn deadly in seconds.
A Montana motorcycle accident attorney who knows these local roads knows exactly what to look for when a tailgating crash happens.
The Clock Is Running on Your Case
Montana gives families three years from the date of death to file a wrongful death lawsuit under Montana Code Annotated 27-2-204. Three years can sound like plenty of time, but evidence and memories fade quickly, and insurance companies use every month of delay to their advantage. A Montana wrongful death claim built on strong, early evidence gives your family the best shot at full accountability.
Losing a rider to a driver’s carelessness is a devastating, senseless loss, and no settlement can undo it. But holding the responsible driver accountable can ease the financial weight your family now carries and send a clear message that following too closely behind a motorcycle has real consequences.
Contact Our Montana Motorcycle Accident Attorneys
If you lost a loved one in a motorcycle crash caused by a tailgating driver, our Montana motorcycle accident lawyers are ready to help. Call Doubek, Pyfer & Storrar, PLLP at 406-442-7830 or fill out our confidential contact form to discuss your family’s case.
