Montana Motorcycle Accident Lawyer

Motorcyclists in Montana are more vulnerable to severe injuries compared to car drivers and other motorists. The lack of protective barriers inherent in motorcycles leaves riders directly exposed to the impact of collisions, increasing the likelihood of catastrophic injuries in accidents. Moreover, motorcycles are smaller and less visible than cars, especially if the other driver is distracted, speeding, or ignores their blind spots.

At Mountain States Injury Law, we represent motorcyclists who have been injured due to the actions of negligent drivers. Our experienced team understands the unique challenges faced by motorcyclists on Montana’s roads and is dedicated to fighting for the maximum compensation you are entitled to for your motorcycle crash.

From protecting your rights to proving the liability of the defendants, we are here to provide strong support and relentless advocacy to help you recover maximum compensation for your injuries, medical bills, lost wages, and pain and suffering. Reach out to us for a free case evaluation.

Laws for Motorists in Montana to Protect Motorcyclists

In Montana, there are driving regulations in place for other motorists to protect motorcyclists on the road. Our Montana motorcycle accident lawyers at Mountain States Injury Law will investigate if the negligent motorist violated any of these regulations, which led to your bike accident and injury.

Sharing the Road

Montana law underscores the importance of sharing the road with motorcyclists so that they are treated with the same respect as other motorists. This means giving motorcyclists ample space, avoiding sudden lane changes or maneuvers that could startle them, and being aware of their presence at all times.

Allowing Motorcycles Full Lane Use

Motorcyclists have the right to use a full lane, just like any other vehicle. Other motorists should not attempt to share a lane with a motorcycle or crowd them out of their lane, as this can increase the risk of motorcycle accidents and other motor vehicle accidents.

Lane Splitting Is Legal

Lane splitting, the practice of riding a motorcycle between lanes of traffic or alongside other vehicles, is legal in Montana under certain conditions. Other motorists should be mindful of this law and refrain from impeding the path of motorcyclists within their lane.

Using Turn Signals

Montana law requires all motorists, including those operating motorcycles, to use turn signals to indicate their intention to change lanes or make a turn. Other motorists should be attentive to motorcyclists’ turn signals and give them the right of way when they are signaling to change lanes or merge.

Maintaining a Safe Following Distance

Other motorists need to maintain a safe following distance behind motorcycles to allow for adequate stopping distance and reaction time. Tailgating or following too closely behind a motorcycle can increase the risk of rear-end motorcycle collisions and endanger the motorcyclist.

Checking Blind Spots

Motorcycles are smaller and less visible than other vehicles, making them more susceptible to being overlooked in blind spots. Other motorists should always check their blind spots carefully before changing lanes or making maneuvers to ensure there are no motorcycles in their path.

Respecting Motorcycle Rights

Motorcyclists have the same rights and privileges as other motorists on the road. Other motorists need to respect their space, give them the right of way when appropriate, and treat them with courtesy and consideration.

Montana’s Modified Comparative Negligence Law Creates Challenges for Injured Motorcyclists

In Montana, injured motorcyclists face the challenges of the state’s harsh modified comparative negligence law in a personal injury claim. This law stipulates that a plaintiff’s recovery of damages is reduced in proportion to their degree of fault. However, if the plaintiff is deemed to be 50% or more at fault for the accident, they are barred from recovering any compensation.

Stakes are High for Injured Motorcyclists

For injured motorcyclists in Montana, the stakes are high due to the modified comparative negligence law. In many motorcycle accidents, the insurance company may exploit this legal framework, aggressively attempting to shift more than 50% of the blame onto injured motorcyclists to avoid liability altogether (such as claiming absence of a helmet caused the victim’s traumatic brain injuries). This places a heavy burden of proof on injured motorcyclists to establish their innocence and resist attempts by defendants to shift blame onto them.

The Role of Aggressive Legal Representation

When motorcycle accidents occur, the importance of aggressive and skilled legal representation cannot be overstated. This is where the experienced Montana motorcycle accident lawyers at Mountain States Injury Law step in. With a deep understanding of Montana’s legal environment and a proven track record of success, our legal team is prepared to take on even the most complex cases.

Fighting for Justice and Compensation

At Mountain States Injury Law, we are passionate about protecting the rights of injured motorcyclists. Our dedicated legal team is committed to leveling the playing field and ensuring that injured motorcyclists receive the full and fair compensation they deserve. We leave no stone unturned in our pursuit of justice, conducting thorough investigations, gathering compelling evidence, and building strong legal arguments to support our clients’ claims.

Montana Laws for Motorcyclists to Increase their Safety on the Road

Montana has several laws and regulations in place to protect motorcyclists and reduce the risk of accidents on the roads. By adhering to these laws and practicing safe riding habits, motorcyclists can reduce their risk of accidents and injuries on Montana’s roads.

• Helmet Law: While Montana does not mandate helmet use for all adult motorcyclists, riders under the age of 18 must wear helmets that comply with federal safety standards. Helmets provide essential protection against head injuries, reducing the severity of injuries in the event of an accident.
• Lane Splitting: In Montana, lane splitting is permitted for motorcyclists under specific conditions: the rider must adhere to a speed limit of 20 mph, ensure the lane width allows for safe passage, and operate the motorcycle safely within appropriate weather and road conditions.
• Eye Protection: Montana law requires all motorcyclists to wear eye protection, such as goggles or a face shield, unless their motorcycle is equipped with a windscreen or windshield. Eye protection helps prevent debris, insects, and wind from impairing vision and causing accidents.
• Headlight Use: Motorcycles must have their headlights turned on at all times while in operation, regardless of the time of day. This enhances the visibility of motorcycles to other motorists, reducing the risk of accidents, especially in low-light conditions or inclement weather.
• Lane Positioning: Motorcyclists are encouraged to position themselves strategically within their lane to maximize visibility and ensure they are seen by other motorists. Maintaining a visible presence on the road helps reduce the risk of accidents caused by other drivers failing to notice motorcycles.
• Safe Riding Practices: Montana encourages motorcyclists to undergo training courses to improve their riding skills and safety awareness. Organizations such as the Montana Motorcycle Safety Program offer courses that cover basic riding techniques, defensive riding strategies, and accident avoidance maneuvers.

Frequently Asked Questions about Motorcycle Accident Laws in Montana

Motorcycle accidents are often caused due to the negligence of other motorists. Here are a few important FAQs to address some of the concerns of injured motorcyclists.

How long do I have to file a motorcycle accident lawsuit in Montana?

In Montana, the statute of limitations for filing a personal injury lawsuit, including motorcycle accident cases, is generally three years from the date of the accident. It is vital to adhere to this deadline, as failing to file within the statute of limitations may result in your case being time-barred and your right to compensation forfeited.

How can I afford a lawyer for my motorcycle accident case?

The experienced motorcycle accident attorney at Mountain States Injury Law will work on a contingency fee basis. This means that you do not pay any upfront fees, and your attorney’s fees are contingent on the outcome of your case. If you win your case and receive compensation, your attorney will receive a percentage of the recovery as their fee. If you do not win, you owe nothing.

What if the other driver involved in the motorcycle accident in Montana was uninsured or underinsured?

If you are involved in a motorcycle accident with an uninsured or underinsured driver in Montana, you may still have options for compensation. Your own uninsured/underinsured motorist (UM/UIM) coverage could provide compensation for your injuries and damages. Moreover, you may pursue a personal injury lawsuit against the at-fault driver or seek compensation from other liable parties with legal representation from the Montana motorcycle accident attorney at Mountain States Injury Law.

Can I still pursue a motorcycle accident claim in Montana if I was not wearing protective gear at the time of the accident?

While wearing protective gear, such as helmets and proper attire, is strongly recommended for motorcyclists in Montana to reduce the risk of injury, not wearing such gear does not necessarily preclude you from pursuing a motorcycle accident claim. However, defendants and insurance companies may argue that your failure to wear protective gear contributed to the severity of your injuries. Therefore, it is prudent to have the skilled Montana motorcycle accident claims lawyer at Mountain States Injury Law on your side.

Get the Proven and Trusted Motorcycle Accident Attorneys in Montana on Your Side

Recognized as one of The Best Lawyers in America and awarded “Lawyer of the Year” by Best Lawyers® for Employee Benefits Law, attorney Dale Casares is the epitome of excellence in legal representation for serious motorcycle accident victims in Montana. With her extensive experience as a former insurance claims adjuster, she brings deep insight into the tactics employed by insurance companies, ensuring that your rights are fiercely protected. To schedule your free consultation, call us at 888-617-6084 or contact us online.