Your Guide to Catastrophic Injuries After a Montana Truck Accident

A commercial truck crash on I-90 or I-15 near Butte can leave someone with serious, potentially permanent, injuries. When those injuries are catastrophic, the claim that follows is more legally complex than a standard car accident case, and Montana law gives you three years from the crash to act.

Trucking companies and their insurers tend to move quickly after a serious crash, preserving favorable evidence and working to limit what they pay. The stakes climb when injuries are catastrophic: the potential recovery is larger and the pushback harder.

Our truck accident practice has represented people with catastrophic injuries and families in wrongful death claims after commercial truck collisions.

What Injuries Are Considered Catastrophic After a Truck Crash?

A catastrophic injury may cause permanent disability, require long-term or lifetime care, or keep someone from returning to the life they had before the crash. Catastrophic injuries shape how a Montana truck accident claim is valued.

Catastrophic injuries may include:

• A traumatic brain injury
• A spinal cord injury
• An amputation or crush injury
• Severe burns
• Multiple fractures
• Internal organ damage

Why Are Truck Accidents More Likely to Cause Catastrophic Injuries?

The difference comes down to mass. A fully loaded commercial truck can weigh up to 80,000 pounds under federal limits, while most passenger vehicles weigh 3,000 to 4,000 pounds. The passenger vehicle is unable to absorb the force of the commercial vehicle.

Montana geography adds to the risk. Freight moves along long rural stretches of I-90 and I-15 at highway speed, and a crash far from town can mean a longer wait for help when minutes matter.

Federal trucking regulations exist partly to reduce this risk. The Federal Motor Carrier Safety Administration hours-of-service rules limit how long a driver can operate before resting, and a violation can become important evidence in a claim.

Who Can Be Held Responsible for Your Injuries?

More than one party may be responsible for damages caused by a truck crash. Identifying all the liable parties is an important step in maximizing compensation for a catastrophic injury.

Depending on the evidence, responsibility may extend to several parties:

• The truck driver for negligent, fatigued, distracted, or impaired driving.
• The trucking company for negligent hiring, hours-of-service violations, or poor maintenance.
• A cargo loader or freight broker for improper loading or overloading.
• A truck or parts manufacturer for defective equipment that failed.
• Another driver if a third vehicle contributed to the crash.

Montana also allows recovery in many cases where the injured person shares some blame. Under Mont. Code § 27-1-702, you may still recover as long as your share of fault is not greater than the combined fault of the parties you seek recovery from, with any recovery reduced by your own percentage. If your share is greater than theirs combined, recovery is barred. How fault is assigned can matter as much as the injuries.

What Compensation May Be Available After a Catastrophic Truck Injury?

Montana law allows an injured person to seek compensation for losses caused by another’s negligence. Damages are classified as economic and non-economic.

Economic damages cover measurable losses, including:

• Current and future medical expenses.
• Lost wages and reduced future earning capacity.
• Property damage to your vehicle.

Non-economic damages include losses that are more difficult to quantify, including:

• Physical pain and suffering.
• Emotional distress.
• Loss of an established way of life.

In catastrophic injury cases, future damages may require expert testimony about lifetime care costs. If a family member died in the crash, a wrongful death claim may also be available. Each recovery is driven by the factors of the case.

What Should You Do If You Were Seriously Injured in a Montana Truck Accident?

What to do after a truck accident in Montana comes down to a few practical moves that protect both your recovery and your claim. If you or a family member was seriously hurt, consider taking these steps:

• Seek medical care right away and follow every treatment recommendation.
• Contact law enforcement and keep a copy of the accident report.
• Avoid giving a recorded statement to the trucking company’s insurer.
• Document your injuries and how they affect your daily life.
• Contact a truck accident lawyer promptly, because electronic logging device data, driver logs, and maintenance records can be overwritten within weeks.

Why Work With Joyce, MacDonald, Haynes & Johnston

Our record in trucking cases is the reason to start here. We have recovered $600,000 for a client injured in a trucking collision and $750,000 for a family after a fatal one. Past results do not guarantee future outcomes, but they show work we have carried to the end.

All four of our attorneys are partners; we practice in the same southwest Montana communities where these crashes happen. If you are weighing how to choose a truck accident attorney in Montana, look at their experience handling trucking cases.

What Our Clients Say

“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.

“Michael W. Haynes, represented me in the navigation of a insurance claim due to a car accident. Michael was very knowledgeable and proficient in his efforts, demonstrating a professional balance between diplomacy and assertiveness that was very effective. He was respectful and practiced transparency in his dealings with me, answering questions thoroughly and in a timely manner, so I felt ‘in the know’ throughout the process, which lessened my anxiety considerably. Through his efforts my claim was settled successfully.” — Wanda J.

“I thought I had a reasonable idea how to approach my case, but I found out I really didn’t know anything about how my lawsuit works. Mike and Sadie led me through this process and were very concerned not to settle too soon to make sure that my injuries were taken care of. They were very knowledgeable about the opposing side and gave me good counsel about how this will play out. They were able to get me a very fair settlement. I highly recommend them to anyone who has been injured.” — Ray M.

Frequently Asked Questions About Catastrophic Injuries After a Montana Truck Accident

How Long Do I Have to File a Truck Accident Claim in Montana?

You have three years from the date of the crash to file a personal injury claim under Mont. Code § 27-2-204. If a family member was killed, a wrongful death claim runs three years from the date of death.

Can I Still Recover if I Was Partly at Fault for the Crash?

Often, yes. Montana follows a modified comparative negligence rule, so you may still recover as long as your share of fault is not greater than the combined fault of the parties you seek recovery from. Your recovery is then reduced by your percentage of fault, and it is barred only if your share is greater than theirs combined.

What Makes a Truck Accident Claim Different From a Car Accident Claim?

A truck accident claim can involve more liable parties, federal FMCSA regulations, and evidence like electronic logging device and black box data that a car crash rarely produces. Trucking company liability in Montana can reach the carrier, a loader, or a manufacturer, and commercial policies often carry higher limits, which brings well-resourced insurer teams to the table.

Get a Free Case Review After a Catastrophic Truck Crash in Butte

A catastrophic injury from a truck crash leaves you managing treatment, bills, and a claim against a well-resourced insurer, often before you know what the claim is worth. We handle trucking cases for injured people and families across Butte and southwest Montana, from identifying every responsible party to facing the insurer. Before you give a recorded statement or accept an early offer, a free consultation can tell you where your claim stands.

Call us at 406-723-8700 or reach out through our contact form to set up a free consultation. Four local partners, 100 years of combined experience, and a local team that stays closely involved from the first conversation forward.