Montana Motorcycle Accident Attorneys

Motorcycle accidents can be very scary and can result in devastating injuries. Simply riding a motorcycle is taking an extra risk on the road because you don’t have the same protection as a vehicle. Because of this, motorcycle accident injuries are more severe and can even be catastrophic. A Montana motorcycle accident attorney has experience handling severe and catastrophic injuries that are common to motorcyclists. If you suffered injuries in a motorcycle accident, choose an experienced motorcycle accident lawyer to help you recover the compensation you deserve.

Types of Motorcycle Accidents We Handle

Unfortunately for motorcycle riders, people just do not pay attention. Motorcycles are smaller, so others on the road are not looking for them, which hat leads to motorcycle crashes that should not have happened. Even when the rider is careful – you still cannot control what others on the road do and see.

Common causes of motorcycle accidents that cause severe and catastrophic injuries include:

• Disregarding traffic signals and right-of-way rules, especially at intersections
• Motor vehicles failing to yield to an oncoming motorcyclist
• Blind spot accidents
• Distracted driver crashes
• Accidents caused by a drunk driver
• Excessive speeding
• Failing to see a motorcyclist
• Driving too fast for the conditions
• Bikers taking curves too fast
• Motorcyclists splitting lanes and sharing lanes

Joyce, MacDonald, Haynes & Johnston handles cases with all types of motorcycle accident injuries in Montana, including:

• Wrongful death
• Traumatic brain injuries
• Neck and spinal cord injuries
• Pelvic injuries
• Road rash
• Other types of injuries that occur due to the negligence of others

Damages After a Motorcycle Accident in Montana

If you suffer injuries or lose a loved one in a motorcycle accident, you can recover damages in the form of fair compensation. The State of Montana allows you to recover three types of damages, depending on the circumstances, from a negligent at-fault driver: economic damages, non-economic damages, and punitive damages.

Economic Damages: Economic damages have a monetary value and include:

• Medical expenses
• Lost wages
• Loss of future earning capacity
• Compensation for property damage, such as your motorcycle
• Death-related expenses, including funeral and cremation expenses

Non-Economic Damages: Sometimes referred to as general damages, non-economic damages do not have a monetary value. If you are seriously injured or lost a loved one you can recover non-economic damages, including compensation for:

• Pain and suffering
• Emotional distress
• Loss of companionship or consortium
• Loss of quality of life
• Inconvenience
• Grief, sorrow, and mental anguish
• Disfigurement or excessive scarring

Punitive Damages: While Montana allows accident victims to recover punitive damages, it is often difficult to win an award of punitive damages. Generally, to receive punitive damages you must prove that the at-fault driver’s actions or inactions constituted gross negligence – not just negligence.

Courts award punitive damages as a punishment for the at-fault driver’s actions or inactions. Your attorney will discuss whether you have a chance of recovering punitive damages.

Negligence and Liability After a Motorcycle Accident in Montana

Proving negligence can be complex. Negligence has four elements, and you must prove all four to recover compensation for medical bills and other damages after a motorcycle accident.

The four elements of negligence include:

• Duty of care: All drivers have a duty to use reasonable care keep others safe and to operate their vehicle in a reasonably prudent manner.
• Breach of duty: The driver’s actions or inactions, such as speeding or failing to stop, breached the duty of care owed to other drivers.
• Causation: The driver’s actions or inactions caused the accident and your injuries.
• Damages: You suffered economic and non-economic damages due to the at-fault driver’s actions or inactions.

To help prove your case, you and your attorney will need to gather evidence, including medical records. Your attorney may also require an investigation into your accident to help show the other driver breached their duty of care.

Montana is a comparative negligence state, which means if your actions contributed to the accident, the amount of fault assigned to you must be less than half in order to recover – in other words, the other driver must be more at fault than you.

For example, if your actions contributed to the accident, and a judge or jury find that you were 20 percent at fault, you can recover damages. However, you can only recover 80 percent of the award.

What Are the Motorcycle Helmet Laws in Montana?

While Montana law does not require anyone over the age of 18 to wear a helmet, it could hurt your motorcycle accident claim if you do not wear one. The at-fault driver’s insurance company may try to argue that you did not protect yourself and try to push more of the fault onto you. Having an experienced motorcycle attorney can help you fight back.

Should You Speak with Your Insurance Company or an Attorney First?

Always contact your attorney before you contact your insurance company. If you must contact your insurance company first, only give the insurance adjuster your name and contact information, the date and location of the accident, and your injury attorney’s contact information.

Insurance companies are in business of making and saving money for themselves. The insurance company will do what they can to deny your claim or minis your damages to support a small offer to settle. Be mindful, the insurance company will use what you say to them against you.

Why Work with Joyce, MacDonald, Haynes & Johnston

Recovering the compensation you deserve is not always easy. Working with an experienced Montana motorcycle accident lawyer who has a presence in the community and has “feet on the ground” can make a significant difference in the outcome of your case.

You need someone who can respond to an accident scene to gather evidence before the weather, people, and traffic destroy it. Some larger firms are not based locally and cannot respond to an accident scene simply because they are too far away.

Our attorneys have the experience to handle the unique aspects of personal injury cases, including motorcycle collisions, where injuries are often catastrophic. We are willing to take cases to trial if necessary, rather than accepting an unfair settlement offer.

Testimonials

“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.

“Everyone who helped me at Joyce-McDonald Law Firm was friendly, patient, and helpful. Saidee did an excellent job explaining the process from start to finish, and I was never left wondering what was happening with my case during the “hurry up and wait” periods.” – AB.

“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.

Hurt in a Motorcycle Accident? Contact Us.

If you suffered injuries in a motorcycle accident, contact an experienced personal injury lawyer at Joyce, MacDonald, Haynes & Johnston for a consultation by calling 406-723-8700 or completing our online contact form.