Thousands of people die in avoidable car accidents every day all around the world. As a result, more people sustain severe and perhaps fatal injuries. Human mistake accounts for the vast majority of road mishaps. Motor vehicle accidents can be caused by distracted, careless, or irresponsible drivers. Faulty vehicles and poor upkeep of roads are other contributing factors.
Those who have recently been involved in an automobile accident in Montana should not hesitate to see a lawyer. Get in touch with us right away to arrange a no-cost appointment. Our team is comprised of car accident attorneys with extensive experience in protecting the legal rights of injured people all around Montana.
In Billings, Montana, what are the most typical causes of car accidents?
Texting while driving
There is currently no statewide restriction on texting while driving in the state of Montana. But many local governments, including Billings’s, have passed their own restrictions on texting while driving. Billings has a rule against texting while driving, yet individuals still do it every day. In the case of a car crash, these motorists are negligent and endanger the lives of others.
Drivers who send or receive texts while operating a motor vehicle may be held criminally and civilly liable for any injuries or damages that result from the collision. Cell phone use at the time of or soon preceding an accident is frequently cited as proof of the defendant’s fault in civil cases. Consider the link between mobile phone use and car accidents. Consult a lawyer immediately if you have any suspicions that another driver’s texting caused or contributed to your accident. A lawyer can help you find out what happened, get your phone records, and protect your rights.
Debris and inclement weather
More than 200,000 car accidents in the United States between 2011 and 2014 were caused by debris on the road, according to research by The Foundation for Traffic Safety. It has been shown that 38% of incidents involving road debris were caused by drivers swerving to avoid hitting an object. Swerving increases the risk of colliding with another car and also causes you to lose control of your vehicle.
The severe winter weather in our region is still a major factor in traffic safety even months after. Although the city does its best to maintain safe roads, severe weather can still cause problems. These include, but are not limited to, roads that are too slick to drive on, have accumulated a thick layer of ice, or have enormous chunks of ice in the midst of them.
Impairment caused by alcohol while driving
When someone is under the influence of drugs or alcohol and gets behind the wheel, the car becomes a lethal weapon. Statistically, more than half of all annual drunk driving fatalities included a single car with only the driver inside.
Automobile crashes at railroad crossings
Railroads are an important mode of transportation in our state. Hundreds of railway accidents take place per year despite the fact that the rail network is vital to the economy. Trains can collide with other vehicles or even people on the ground. An inoperable vehicle on the tracks or a careless train operator are only two of the many potential causes of accidents at railroad crossings. Accidents involving common carriers, such as those that occur on trains, are governed by state statutes. Victims of accidents that occur at railroad crossings can file a negligence claim against the train operator or the railroad itself under these statutes. Pedestrians, railroad passengers, and motorists all have this protection under the law.
Remote roads
Accidents involving motor vehicles are more likely to occur on Montana’s rural roadways than on any other type of route in the state. When poor road conditions are paired with fast speeds, catastrophic outcomes frequently occur.
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Montana laws that apply to claimants in motor vehicle accidents and injuries
DUI-related auto accident claims in Montana
Intoxicated driving causes an injury every two minutes on average. On average, one person passes away every 53 minutes. It is estimated that repeat offenders account for around a third of all incidents involving drunk driving. An intoxicated driver can be held accountable for their careless behavior through a personal injury claim. The law may require the motorist to take corrective steps to prevent a recurrence. You may be required to take a drug education class or install an ignition interlock device.
The legal limit for DUI in Big Sky Country is 0.08%, so if you’re above that, you’re considered to be driving drunk. For drivers of commercial vehicles, this number falls to 0.04%, and for drivers under the age of 21, it reduces to 0.02%. However, police can still accuse drivers of DUI if their blood alcohol concentration level is above the permissible limit. Any time a police officer suspects that alcohol or drugs have impaired a motorist’s ability to operate a motor vehicle, that driver may be arrested for driving under the influence.
Get in touch with us if you or a loved one were injured in an accident caused by a drunk or drugged motorist. If alcohol was a factor in the accident, we can use our knowledge of local DUI laws and our connections to relevant specialists to prove it. With your permission, we can collect evidence such as police records, witness statements, and expert testimony in support of your case. If your loved one was killed in an accident caused by an intoxicated driver, you may be entitled to file a wrongful death claim on their behalf.
Dram shop laws
In the event of a vehicle accident caused by intoxication, the victim in Montana may file a claim for damages against a responsible party under the state’s “dram shop” statutes. Victims of drunk driving accidents may be able to file a lawsuit against the bar or individual who served the drunk driver. You could find yourself in this situation if:
- The seller either knew the customer was underage or made no effort to verify their age before serving alcohol.
- The shopkeeper sold booze to a visibly drunk customer.
- The seller tricked the customer into drinking alcohol by misrepresenting it as a non-alcoholic option.
When alcohol is a factor in a car accident, our company consults with specialists in the area to establish liability. With your permission, we can collect evidence such as police records, witness statements, and expert testimony in support of your case. If your loved one was killed in an accident caused by an intoxicated driver, you may be entitled to file a wrongful death claim on their behalf.
How long do I have to sue for injuries suffered in an accident in Billings, Montana?
A person who has been wounded in a traffic accident has three years from the accident’s date to submit a claim for damages, as stipulated by state legislation. It is possible to receive compensation in an automobile accident case in Montana even if you were partially to blame, as the state follows a modified version of the comparative negligence rule. Because of this, filing a report about your accident is a crucial part of processing your claim. It is crucial that you be clear, succinct, and truthful when communicating with the insurance adjuster about your claim.
What happens if road debris caused my Billings, Montana accident?
It might be challenging to determine who is accountable for your losses in a car collision involving road debris when the other vehicle is not at fault. The city government is accountable for your injuries if the debris was something they should have cleaned up. They need to clear the streets of debris in a timely manner. They are responsible if they fail to ensure the security of the roadways. Proof of government negligence requires showing that they knew or should have known about the debris.
Road debris accidents could be the fault of trucking firms. A trucking business may be held liable for an accident caused by falling goods if they did not take reasonable precautions to prevent the cargo from falling off the vehicle. You might file a lawsuit against the trucking business in such a scenario.
It’s vital that you take as many detailed photos as possible of the area following a collision caused by road debris. Document the scene by snapping photos of the cars, any injuries, and any obstructions in the road that may have contributed to the crash. If you have been hurt, you should get medical help right away. If you decide to sue, you’ll need proof that your injury was serious enough to warrant medical attention, such as receipts or documents from the hospital. Collect information from any other parties or witnesses to the vehicle accident, if feasible. Your lawyer will need to speak with them to gain a full picture of what happened.
What to do after an automobile accident in Billings, Montana
Billings is the state capital and the largest city in Montana, so it’s no surprise that there are numerous vehicle accidents there due to the high volume of traffic on Interstate 90. Being prepared for the early aftermath of a car crash may make a huge difference in your ability to maintain composure and handle the situation effectively. If you find yourself in the position of filing a personal injury claim, there are steps you may take to better your position and strengthen your case. Carry a checklist of what to do at all times so that you don’t have to rely solely on your own memory in the event of a car crash.
- Don’t ever drive away if you’ve been in an accident. Your legal obligation requires you to remain at the site and make sure everyone is safe. Accidents of any severity necessitate a halt so that all parties involved may examine the situation.
- Help prevent any further damage or harm. Make sure the accident location is safe for other drivers to pass by and prevent a chain reaction. If at all possible, tow broken-down cars to the shoulder. In the event of an emergency, turn on your flashing lights and place any cones or flares you may have.
- Call 911. Once you are in a secure area, contact the authorities. The sensible thing to do in the event of any vehicle accident, no matter how small, is to notify the authorities. To file an insurance claim, you need a police report. Tell the authorities if someone has been hurt.
- Do not take the blame. In no way should you take responsibility. Even if you think the collision was your fault, you shouldn’t admit as much to the other motorist. Wait for the police, and then tell the officer all you know about the situation. The authorities can aid in pinpointing possible culprits. Some other motorists or a hazardous road situation, such a broken traffic light, may have contributed to the collision.
- Collect data. Take note of the other driver’s name, phone number, insurance card number, and license plate. If possible, photograph the accident site, including the cars involved, any damage to property or buildings, any injuries sustained, and a view of the road where the collision took place. Take pictures of any potential contributing factors to the accident, such as roadside hazards like debris.
- Provide as many specifics as you can in your report. You should be as specific as possible when explaining what transpired to the police. Do not make false claims or assumptions. Always give an honest account of what transpired, to the best of your knowledge. Don’t answer “no” if you’re not sure whether or not you were hurt when asked about it. Make it known that you feel the need to check out with a doctor to discover whether you’ve sustained any injuries. As much as you can remember about the collision, you should tell the police.
- Make a phone call to your insurer. If you were in an accident, you should get a copy of the police report and notify your insurance carrier. The majority of automobile insurance plans mandate instant notification of accidents. Learn more about your liability and property damage protection from your insurance provider. Report the incident to the police and provide the insurance company with the report number.
- Get medical help. It’s important to see a doctor after a vehicle crash and explain what happened. You may have a head, brain, or spinal cord damage that isn’t currently exhibiting symptoms even if you don’t feel hurt. Symptoms like this frequently accompany head trauma. Going to the doctor as soon as possible after an accident will aid your case immensely. If you delay medical attention, a judge or jury may conclude that your injuries weren’t significant enough to warrant care.
- Documents pertaining to vehicle collisions should be kept in a file. Maintain a file where all paperwork associated with the car crash can be found easily. Your documentation should contain the following: a copy of the official police report, any information and images you acquired from the site, your medical records, any treatments the doctor recommends, and any and all invoices associated with your accident. The claims procedure may go more smoothly if this data is kept in one place.
Keep your legal rights in mind. After getting checked out by medical professionals and reporting the incident to the police and insurance company, you should get in touch with a personal injury lawyer. In order to safeguard your legal interests, our lawyers will make sure no crucial evidence is destroyed. Never make a statement to an insurance company without first consulting an attorney.
Speak with a professional car accident lawyer in Billings, Montana now!
If you or a loved one has been hurt in a car crash or truck accident, you may be eligible for financial compensation. We are familiar with Montana liability rules and can advise you on whether or not to file a case based on the circumstances surrounding your accident. We can also represent you in court if you want to file a lawsuit, and we will do all in our power to make sure you have access to any resources you may need to make a full recovery from the injury.
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