When you’ve been in a truck accident, especially in Montana, your world can feel like it’s been turned upside down. Between dealing with injuries, figuring out insurance claims, and trying to piece your life back together, it’s easy to feel overwhelmed.
Here’s where the Montana truck accident attorneys at Doubek, Pyfer & Storrar, PLLP., can make things easier. We know that the difference between winning and losing your case often lies in proving fault. This is the critical step in securing compensation for your recovery—covering medical bills, lost wages, or your pain and suffering. And when you’re dealing with a truck accident, you often need significant amounts of money to deal with your injuries.
The Basics: Fault in a Truck Accident
Determining fault is a little different in truck accidents than in regular car crashes. More players are involved—the truck driver, the trucking company, and maybe even the truck’s parts manufacturer. Each of these parties could be partially responsible for what happened.
Truck drivers and trucking companies are held to higher standards. Why? Because a truck on the road is a massive piece of machinery, and any error made while operating it can have catastrophic consequences. For this reason, the law looks more closely at whether drivers followed specific regulations and safety measures, and whether negligence played a role. That’s good news for you—it can open up more paths to proving fault, but it also means the process is more complex.
In Montana, fault is often determined based on “comparative negligence.” That means that even if you were partially at fault for the accident, you can still recover compensation. But, the amount you can receive will be reduced by the percentage of fault assigned to you. Your attorney can help you understand how Montana’s laws might affect your ability to win maximum compensation.
Proving Fault: Gathering Evidence
Once you know who might be responsible, the next step is proving it. This is where evidence comes in. In a truck accident case, the more evidence you have, the better your chances of proving fault and securing compensation.
Police Reports
One of the first things you’ll want to get your hands on is the police report. This report will often contain vital details about the accident, including the officer’s assessment of what happened and whether any traffic laws were broken. This can provide a solid foundation for your case, especially if the officer cited the truck driver for a violation.
Eyewitness Testimony
If witnesses were at the accident scene, their testimony can help back up your version of events. Witnesses can provide valuable information about what happened in the moments leading up to the accident. Were there signs of reckless driving? Was the truck driver speeding? These details can help build your case.
Black Box Data
Modern trucks have electronic data recorders, sometimes called “black boxes.” These devices record critical data such as the truck’s speed, brake usage, and hours of operation. In a truck accident case, black box data can prove fault. For instance, if the data shows the driver had been driving for an excessive number of hours without rest (in violation of Federal Motor Carrier Safety Administration regulations), that could indicate negligence.
Photos and Videos
Pictures from the accident scene can also be powerful evidence. Make sure to document evidence of your truck accident—the position of the vehicles, skid marks on the road, damage to the truck and other vehicles, and any visible injuries. Videos from traffic cameras or nearby businesses could also capture the accident as it happened, offering undeniable proof of what went wrong.
Why Hiring a Montana Truck Accident Lawyer is Essential
While understanding the basics of fault is important, handling a truck accident case alone can be a challenge—especially when dealing with multiple parties and insurance companies. Trucking companies are notorious for aggressively defending themselves in these cases. They have large and aggressive legal teams ready to minimize their liability, and without an experienced lawyer on your side, it’s easy to get overwhelmed or accept a settlement far below what you deserve.
When you’re injured in a truck accident in Montana, the last thing you need on your plate is a legal battle. Your time and energy are better spent focusing on your recovery and on rebuilding your life after a semi-truck crash. We can help by conducting a thorough investigation, gathering the necessary evidence, and negotiating with the other party’s insurance company. Let us take the legal burdens off your shoulders.
Contact Our Montana Truck Accident Attorneys Today
Call our law firm immediately if you or someone you love suffered an injury in a big rig accident in Helena, Missoula, Billings, Butte, Kalispell, Bozeman, Great Falls, or anywhere in Montana. We can go to work to prove fault and get you the money you need to get your life back on track. Call us at 406-442-7830 to get your immediate questions answered. Let us go to work for you.
Keif served as the Law Clerk and Special Master to the Honorable Kurt Krueger, Second Judicial District Court, Butte-Silver Bow County. Keif represents people who have been injured by the misconduct or negligence of others and seek justice in Montana’s courts. Keif is a member of the Montana State Bar and the Montana Trial Lawyers. Doubek, Pyfer & Storrar, PLLP serves clients throughout Western Montana.