Table of Contents
Key Takeaways
- Truck accidents are often catastrophic events.
- The at-fault responsible party is liable for a victim’s damages.
- Due to Montana’s modified comparative negligence rule, victims may be responsible for a percentage of fault.
- Montana has a three-year statute of limitations from the date of the accident. Do not delay in filing because it takes time to prove negligence against potentially liable parties and build a strong case.
- Working with an experienced and knowledgeable Montana truck accident attorney can help you pursue compensation.
An accident involving a truck can have devastating consequences, and often result in serious injuries, mounting medical bills, and significant financial hardship for the victims. Determining who is at fault in a truck accident is crucial and may be complex. It may be the truck driver’s fault or the trucking company’s fault. It can be hard to know where to begin, and the uncertainty can prolong your path to recovery.
The experienced truck accident attorneys at Joyce, MacDonald, Haynes & Johnston can help you build a strong case and fight for the compensation that you deserve. Do not let the uncertainties stop you from getting the compensation you deserve. Call us today at 406-723-8700 or fill out our online contact form, and a member of our team will get back to you.
Understanding Montana Truck Accident Laws
Montana is an at-fault state for motor vehicle accidents. What this means is the party deemed responsible for an accident is liable for damages.
- Montana uses a modified comparative negligence rule where damages are apportioned based on each party’s degree of fault.
- Plaintiffs cannot recover damages if they are determined to be more than 51 percent at fault.
- The amount plaintiffs receive is reduced by their percentage of fault. For example, if they are awarded $10,000 and are found to be 10 percent at fault, their award is reduced by 10 percent ($1,000).
Victims have three years from the date of the accident to file a personal injury or wrongful death lawsuit and two years for property damage claims.
Who is Liable for Damages in a Truck Accident in Montana?
Unlike car accidents, where typically one driver is at fault, truck accidents may have one or more different parties who are liable for damages. It is important to identify the correct parties when pursuing compensation. The following is a basic overview of the parties who may be negligent in a truck collision.
Truck Driver
Truck drivers are often the first people identified as having caused a truck accident. Driver infractions such as speeding, DUI, distracted driving, fatigue, and other traffic violations can cause a truck crash to occur.
Trucking Company
Trucking companies are ultimately responsible for their policies and hiring practices. A company may be negligent based on their hiring practices, fault retention of drivers, or inadequate training, all of which may contribute to accidents. A company may also be liable for violating safety regulations, failing to maintain commercial vehicles, or ignoring safety hazards.
Truck or Truck Parts Manufacturers
If defects in a truck design or any one of its parts contributed to the collision, the manufacturer of the truck or the manufacturer of the faulty part can be identified as a responsible party.
Third-Party Cargo Loaders
If a third-party is responsible for loading cargo and fails to do so in a safe manner, for example by failing to correctly load or balance the cargo, it may lead to unsafe conditions that can cause an accident.
Maintenance Providers
Third parties may also be tasked with providing truck maintenance. If these individuals fail to correct a known issue with the truck, do not adequately perform inspections, or cut corners when providing maintenance, they can be held liable for their actions.
What if Multiple Parties Caused the Truck Accident?
Where multiple parties’ negligence caused a truck accident, each party may be held liable for the damages incurred. Each party’s liability will be proportional to their degree of fault, which is determined by a percentage.
An experienced truck accident lawyer can sort through the information and identify all the potentially liable parties in a truck accident claim. The knowledgeable and skilled attorneys at Joyce, MacDonald, Haynes & Johnston can negotiate with the various insurance companies involved to maximize the amount of compensation their clients can receive.
It is important to know that truck companies may try to say a driver is an independent contractor and not an employee to try to absolve themselves from responsibility. An experienced truck accident attorney can quickly identify any issues or attempts to skirt responsibility or avoid claims on insurance policies.
Determining Negligence in a Montana Truck Accident Case
Truck accident victims need to determine negligence and prove fault. Working with an attorney who has experience and possesses in-depth knowledge of Montana’s laws can help you effectively do this.
How to Determine Negligence
Like any motor vehicle crash, you must prove negligence to recover damages after a truck accident. To established negligence you must prove:
- The defendant owed the victim duty of care
- The defendant breached the duty of care
- The defendant’s breach caused you damages
Evidence Used to Prove Fault
Your attorney will assemble as much evidence as possible to show negligence. Some common types of evidence include:
- Photographs
- Video
- Police report
- Driver testimony
- Black box data
- Damage to vehicles and property
- Truck maintenance records
- Trip logs
- Hours of service records
- Witness statements
- Expert witnesses (e.g. mechanics, accident reconstructionists, etc.)
- Hiring documents
- Truck weight documents
- Traffic tickets
- Medical bills
How Can a Montana Truck Accident Lawyer Help Me?
Working with an experienced Montana truck accident lawyer can help you obtain fair compensation to cover the costs of your injuries, damages, and other losses. Your attorney can help by:
- Thoroughly investigating the accident
- Proving negligence
- Building a strong case
- Calculating damages
- Determining the value of your case
- Negotiating with insurance companies
- Providing legal representation in court
Why Work With Joyce, MacDonald, Haynes & Johnston for Your Truck Accident Case
Clients often choose the attorneys at Joyce, MacDonald, Haynes & Johnston to represent them in their personal injury cases because we have a reputation for providing our clients with honest assessments, transparency, and full support throughout the duration of their cases. The attorneys at Joyce, MacDonald, Haynes & Johnston are local and have strong ties to the community.
The legal team at Joyce, MacDonald, Haynes & Johnston understands the stress accident victims face in the aftermath of a motor vehicle collision and the many uncertainties that can arise. If you select us to represent you in your personal injury case, you can count on us to be there for you.
Testimonials
“It was my pleasure to work with Saidee Johnston and Bill Joyce of Joyce & MacDonald PLLP. Communication was key. It was clear and often, explaining legal terms that helped me to move forward and provide appropriate documentation to them. Proper expectations were set up front. Having no legal background, I felt they understood this and were empathetic and understanding always! I felt extremely comfortable from our first meeting right through to the successful end because of the constant open communication. Effective communication is a must in building a great relationship with clients and their Firm is built upon this premise. Thank you.” – Denise H.
“I had the pleasure of working with Michael W. Haynes. Michael was very kind and gave me complete confidence in my case. He kept me informed and was genuine and very kind in our conversations. I felt that he had a very personal approach along with great empathy for my situation. I would not hesitate to contact Michael again if the need be. I absolutely recommend Michael W. Haynes and Joyce & MacDonald PLLP” – Kathy K.
“I recently needed the services of Joyce & MacDonald. The level of expertise was superior. They went above & beyond and kept me informed every step of the way. The outcome of my claim was more than expected and I would highly recommend Michael Haynes & the firm of Joyce & MacDonald.” – Cheryl L.
Hold the Responsible Parties Accountable
If you or a loved one were injured in a truck accident, it is important to obtain a legal consultation as soon as possible. Montana has a three-year statute of limitations on filing a claim, and it takes time to build a strong case.
Once you contact Joyce, MacDonald, Haynes & Johnston for help, we will get the legal process started immediately. Our knowledgeable attorneys will identify the at-fault party (or multiple parties), gather evidence, work to put a value on your claim, begin the insurance claim process, and file a personal injury lawsuit, if necessary.
To schedule your free consultation with the personal injury lawyers at Joyce, MacDonald, Haynes & Johnston, call our law firm at 406-723-8700 or, if preferable, fill out our online contact form, and a member of our legal team will get back to you.
Frequently Asked Questions
Both the driver and the employer may be held liable under certain circumstances. One or more parties may be at fault in a commercial truck accident. It is important to determine who the involved parties are. Determining fault may include:
- Assessing whether the truck driver acted carelessly or violated traffic laws
- Examining the actions of the trucking company
- Investigating other potential contributors to the accident
Due to the sheer force in accidents involving large trucks, it is more common for severe injuries, or fatalities, to occur upon impact. Common injuries resulting from a truck accident may include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Neck injuries
- Back injuries
- Internal bleeding
- Amputations
- Fractures
- Facial injuries
- Burn injuries
Accident victims are often left with physical injuries and emotional trauma. Types of damages they are eligible to pursue to aid them in their recovery include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death benefits
In cases involving egregious behavior, victims may be able to receive punitive damages.
It is difficult to provide an exact assessment of how much financial recovery from a truck accident settlement will be. Every case and situation is different, and the value of a case will vary significantly because of the different factors involved including the severity of injuries, amount of medical expenses, extent of property damage, level of pain and suffering, determination of fault, amount of insurance coverage available, and other specifics relating to the case.
