Auto Accident Law in Montana

Was a police report filed?
  • The long stretches of open highway in the state of Montana can be a car accident waiting to happen. High speed limits on largely empty roads can lure people into a false sense of security and end in a dangerous accident. In the event of a car crash, it's important to understand the laws and rules that control personal injury claims in the state. Knowing what your rights are, what you're entitled to, and when you should seek help of a lawyer are all critical pieces of information.

    After an Accident

    When you've gotten into an accident, there are probably already a lot of worries on your mind. However, it's important to keep your head about you, both to ensure the safety of all parties involved and to prepare for the eventuality of any legal issues that might result from the accident. Be sure to call emergency services straight away. The police will take a report from people involved in the accident and any witnesses in the area. This information can be very important in establishing who is at fault in the accident if it has to go to court.

    Lawsuit and Damages

    Auto accident law in Montana based on a pure tort system. What this means it that people are free to sue others if they feel they deserve damages - with some exceptions. There are a number of reasons to consider a lawsuit in the event of injury suffered in an accident. Damages from such a settlement can be used to cover medical bills, property damage, and loss of wages due to missing work. Additional damages can be sought for pain and suffering, or a permanent disability or disfigurement caused by an accident. Insurance won't always cover the full expenses resulting from an accident. If another person's negligence caused the problem, why should you have to pay for it?

    Limitations on Lawsuits

    There are some clauses in auto accident law in Montana that control when a person is allowed to file a lawsuit. One important rule is referred to as Modified Comparative Liability. What this legal term means is that if a person is more than 50% responsible for an accident, he cannot seek any damages from other parties involved. In cases where a person has less than 50% fault in the accident, the amount of damages awarded are reduced by the percentage of that person's fault. For example, a person 30% at fault for an accident could only be awarded 70% of the total damages, as ruled by the court.

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