Few experiences are more devastating than being involved in a crash with a massive 18-wheeler barreling down the highway. In an instant, your life can be forever altered. Debilitating injuries, mounting medical bills, and lost wages from time off work can create an uphill battle for you and your loved ones.
While trucking is vital to our economy, companies are responsible for prioritizing safety over profits. Unfortunately, safety is sometimes disregarded when maximizing profits. Fatigued, overworked drivers, inadequately maintained rigs, drivers not properly trained for the conditions, and improperly secured loads can all result in catastrophic trucking accidents. When negligence leads to your suffering, justice demands accountability.
If you have been hurt in a tractor-trailer accident in Montana, know that you’re not alone in this painful chapter. An experienced Montana truck accident lawyer can help you through this trying time and hold negligent and reckless truck drivers and trucking companies accountable.
Holding Trucking Companies Responsible
After a big rig wreck, trucking outfits and insurers frequently try to lowball victims, pressuring them to accept quick, paltry settlements before the full extent of harm is realized. Don’t let them sweep your trauma under the rug. You deserve to be made whole for all you’ve endured.
Determining liability in a commercial trucking collision is complex. The company may argue the driver is an independent contractor, not their employee, to dodge responsibility. Black box data, driver logs, and maintenance records must be meticulously examined. Multiple parties—the driver, owner, loading crew, and mechanics—could all share blame.
An experienced truck accident attorney in Montana knows how to uncover the truth. They’ll dig deep to get you the answers and compensation you’re owed. Having a skilled advocate in your corner levels the playing field against a corporate trucking company that is focused on protecting its bottom line over making things right.
Montana Truck Accident Laws to Know
If you’re pursuing a claim for a big rig crash in Big Sky Country, there are two key Montana truck driving laws to be aware of:
- Statute of Limitations (MCA 27-2-204): In most cases, you must file a personal injury lawsuit in civil court three years from the accident date. While that might sound like ample time, don’t delay. Critical evidence can disappear, and witnesses’ memories may fade with time. For instance, a driver and company only have to keep driving logs for six-months, sometimes the driver’s status log is an important issue in the case and if the preservation letter is not sent out within six-months of the truck accident than that evidence could be lost.
- Modified Comparative Negligence (MCA 27-1-702): Montana follows the “51% rule” when apportioning fault for an accident. You’re eligible to recover damages as long as your percentage of responsibility is 50% or less. However, your award will be reduced in proportion to your degree of fault. If a jury finds you 10% to blame, your compensation will be decreased by that amount. Insurance adjusters may try to unfairly pin more of the fault on you to minimize their payout, so it’s crucial to have a truck accident attorney advocating for you. This is particularly applicable in “sitting duck” cases where a driver rear-ends a semi-truck that should not be parked on the shoulder of the road, or is not properly marked with hazard triangles and lights. The insurance company may blame you for rear-ending the truck, when in fact, the truck should have never been parked there in the first place.
How a Truck Accident Lawyer in Montana Can Help
Large commercial truck accident cases are a world apart from typical fender benders. Trucking companies and their insurers have vast resources and experience minimizing payouts. You need someone in your corner who knows how to go toe-to-toe with them and isn’t afraid to take the fight to court if needed.
An experienced Montana tractor-trailer accident attorney will handle all the legal heavy lifting so you can focus on healing. They’ll investigate the crash, gather evidence, interview witnesses, hire experts, negotiate with insurers, and craft a compelling case for maximum compensation.
Damages you may be entitled to include:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Pain, suffering, and emotional trauma
- Disability and disfigurement
- Loss of enjoyment of life
- Punitive damages (in cases of egregious misconduct)
No settlement or verdict can erase what you’ve been through. But full and fair compensation can provide vital resources to put your life back together and move forward.
Taking the Next Steps
Being the victim of a big rig accident is overwhelming. The trauma is still fresh, yet you’re bombarded with paperwork, phone calls, and huge decisions. It’s easy to feel lost in the chaos. But time is of the essence to protect your health and your rights.
First and foremost, your physical recovery should be your top priority. Follow doctors’ orders and keep all appointments. Not only is it critical for your well-being, but gaps in treatment can be used against you by insurers looking for any reason to deny or devalue your claim.
Start collecting key evidence immediately – photos of the accident scene, damaged vehicles, and your injuries, police reports, medical records and bills, pay stubs and tax returns, and journal entries on your day-to-day hardships. Your truck accident law firm will need these pieces to build the strongest case possible.
Be cautious in your interactions with insurance companies. Their friendly demeanor is often a facade – their primary goal is to pay you as little as they can get away with. Decline to give a recorded statement and refer them to your attorney instead. A single misworded comment can seriously undermine your case.
Above all, reach out to a reputable truck accident attorney as soon as possible for a free consultation. The road ahead may feel scary and overwhelming, but you don’t have to navigate it alone.
Contact Our Montana Commercial Truck Accident Law Firm
A collision with a tractor-trailer can upend your life in an instant. If you’ve been the victim of a big rig crash in Montana, know you have rights. At Doubek, Pyfer and Storrar, our Montana truck crash attorneys are here to help you recover the money you deserve.
While no amount of money can undo the trauma you’ve endured, maximizing your financial recovery can alleviate the burden and provide vital resources for your healing. The road ahead may be daunting, but you don’t have to walk it alone. Reach out for the help you need and deserve today – a brighter tomorrow is possible. You can fill out a contact form on our website, and we can contact you. You can also call us at 406-442-7830 to get your immediate questions answered.
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.