Montana Motorcycle Accident Lawyer
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A motorcycle crash caused by another driver leaves you with serious injuries and a legal claim against the person responsible. If that crash happened in Butte or elsewhere in southwest Montana, a Montana motorcycle accident lawyer can help you understand what your claim is worth and how long you have to act.
The other driver’s insurance company may argue that you share the blame or point to whether you were wearing a helmet, and either argument can cut into what you recover. Montana also limits how long you have to file, so waiting can cost you the claim entirely.
Joyce, MacDonald, Haynes & Johnston handles motorcycle accident claims for injured riders throughout Butte and southwest Montana. Our experienced attorneys know the Montana laws that decide what an injured rider can recover, and we work to protect that recovery for every client we represent.
Why Choose Joyce, MacDonald, Haynes & Johnston for Your Montana Motorcycle Accident Case
A motorcycle claim carries specific challenges a standard car accident case does not, from insurer arguments about helmet use to fault disputes shaped by Montana’s roads. Our four local partners built this firm’s motorcycle practice around those specific challenges.
Firsthand Knowledge of Southwest Montana Riding Conditions
Southwest Montana’s mountain roads, gravel shoulders, and sudden weather shifts factor into how many motorcycle crashes happen and how insurance companies argue fault afterward. We build each claim around the specific conditions at the crash site, not a generic description of the road.
A Butte Team That Can Reach the Crash Scene
Because our office is in Butte, we can reach a southwest Montana crash scene quickly to document skid marks, vehicle positions, and road conditions before weather or traffic erase them. A firm working from another city may not reach the scene in time, and evidence that is not preserved early can be lost for good.
Client Testimonials
“I was represented by Terry MacDonald in a motorcycle accident case, and he was fantastic to work with. He worked diligently on my behalf, pressured the insurance agent who was trying to jerk us around, and got a great settlement for me. It was more than I anticipated and I was Really pleased with everything he did on my behalf. I think he’s a great attorney.” — Bob L.
“I highly recommend Mike Haynes, a personal injury attorney at Joyce, MacDonald, Haynes & Johnston. Throughout the entire process, Mike maintained consistent communication and diligently followed up on my behalf. He explained all my questions clearly and always inquired if there was anything else he could assist me with. He promptly responded to any inquiries and prioritized my case. Never did I feel uncertain about Mike’s ability to handle my matter effectively. I wholeheartedly recommend Mike and the entire firm to anyone seeking reassurance from a highly reputable professional.” — David S.
“I can’t say enough great things about Joyce, MacDonald, Haynes & Johnston and their team. I worked primarily with Terry and Saidee through the entire process and highly recommend their services. After my auto accident, I felt overwhelmed and unsure of what to do next. From the very first consultation, they took the time to explain the process clearly and made sure I felt supported every step of the way. Communication was always prompt, professional, and reassuring. Thanks to their dedication and expertise, my case was resolved smoothly and I felt treated very fairly. I’m incredibly grateful and would highly recommend Terry MacDonald and his team to anyone needing legal advice or assistance.” — Jen M.
Meet Your Montana Motorcycle Accident Lawyers
What Types of Motorcycle Accidents Does Our Firm Handle?
We represent riders hurt in the crashes that happen most often on Montana roads, including those caused by:
- A driver who fails to yield or does not see a motorcyclist
- A distracted or impaired driver
- Unsafe speed for the road or conditions
- A driver who ignores a motorcyclist’s right-of-way at an intersection
These crashes often cause serious harm, including:
- Traumatic brain injury
- Spinal cord injury
- Road rash
- Broken bones
- Psychological trauma, including post-traumatic stress
Who Is Liable for a Montana Motorcycle Accident?
If another driver caused your motorcycle crash, Montana law lets you hold that driver responsible for the harm you suffered. To recover, you have to show four things:
- Duty: The driver owed you a duty to operate their vehicle with reasonable care.
- Breach: The driver failed to meet that duty.
- Causation: That failure caused the crash.
- Damages: You suffered actual harm, such as injuries and financial losses.
Breach and causation are usually where a claim is contested, so evidence from the crash scene can decide the outcome.
Can You Recover If You Were Partly at Fault?
You can still recover even if you were partly to blame, as long as your share of the fault is not too high. Montana uses modified comparative negligence with a 51% bar under Mont. Code § 27-1-702.
You may recover if you are found 50% or less at fault, and your recovery is reduced by your percentage of fault. If your share is 51% or more, you cannot recover at all.
What Compensation Can You Recover After a Montana Motorcycle Crash?
Montana law lets an injured motorcyclist recover two kinds of damages, economic and non-economic. Economic damages cover measurable financial losses, such as the following:
- Medical bills
- Lost wages
- Lost future earning capacity
- Property damage to your motorcycle
Non-economic damages cover losses that are more difficult to measure, such as:
- Pain and suffering
- Loss of quality of life
Punitive damages may also be available, but only for conduct that goes beyond ordinary negligence, and they are difficult to obtain.
What Are Montana’s Motorcycle Helmet and Lane-Filtering Laws?
Montana requires helmets only for motorcycle operators and passengers under 18, per Mont. Code § 61-9-417. Adult riders are not required to wear one. An insurance company may still raise a rider’s decision to go without a helmet as an argument about the injuries, but that choice does not by itself bar a claim.
Lane filtering is legal in Montana under Mont. Code § 61-8-392, which took effect in October 2021. A two-wheeled motorcycle may move past a stopped or slow vehicle traveling 10 miles per hour or less, at no more than 20 miles per hour, when the lane is wide enough and conditions are safe. This corrects a common belief that filtering is illegal statewide, though riding between lanes of moving traffic at higher speeds remains against the law.
How Long Do You Have to File a Montana Motorcycle Accident Claim?
A motorcycle injury claim in Montana generally must be filed within three years of the crash under Mont. Code § 27-2-204. If you miss that deadline, the court will almost always refuse to hear the case, and your right to recover is lost. Acting sooner also helps in practical terms because evidence and records are easier to gather while they are fresh.
What Should You Do After a Motorcycle Accident in Montana?
After a motorcycle crash in Montana, consider taking these steps:
- Call 911 and report the crash to law enforcement.
- Get medical attention, even if your injuries seem minor.
- Photograph the scene and collect contact, insurance, and witness information.
- Keep records of your medical care, expenses, and time missed from work.
- Contact a lawyer before giving a recorded statement to any insurance company.
Recovery usually runs through the at-fault driver’s liability insurance. If that driver had no insurance, carried too little, or left the scene, your own uninsured or underinsured motorist coverage may apply instead. A lawyer can request the crash report, deal with the insurance companies, and identify every source of coverage while you focus on recovering.
Evidence Fades Fast. Get Motorcycle Accident Help in Butte.
Deciding what to do next after a motorcycle crash often comes down to timing, and our guide on what a Montana motorcycle accident lawyer does walks through how a claim moves forward from here.
We push back on the fault and helmet arguments insurance companies raise, and we move quickly to preserve evidence before it disappears.
The longer you wait, the more evidence fades and the closer you get to Montana’s three-year filing deadline, so talking to a motorcycle accident lawyer now keeps your options open.
Joyce, MacDonald, Haynes & Johnston offers free consultations for injured riders across Butte and southwest Montana. Call us at 406-723-8700 or reach us through our contact form to talk through your options.
