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Montana Truck Accident Lawyer

Semi-truck accidents are dangerous events that can lead to serious injuries or fatalities, particularly for occupants of passenger vehicles. The Montana Advocates are here to help.

A Semi-Truck Accident Attorney Can Help Your Case

The Advocates are experienced truck accident lawyers, and we are prepared to assist you in your recovery. Collisions with large trucks can lead to serious injuries or even fatalities, particularly for the occupants of the passenger vehicle.

If you or a loved one has been injured in an accident with a commercial truck, The Advocates are here for you. We will be by your side every step of the way to ensure your needs are taken care of and you receive fair compensation for your injuries.

The Next Steps In Your Case

Injury

Immediately after your accident, check for injuries

Hire Attorney

Contact The Advocates as soon as possible to begin the road to recovery

Treatment

Seek medical attention as soon as you can

Property Damage

Get any property damage assessed and repaired

Finish Treatment

Once you've completed treatment, your case can move forward

Demand

Your Advocate will send a demand letter to the other party

Frequently Asked Questions

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. Your attorney will build your case, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own.

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability.

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees when you hire The Advocates.
Our attorneys work on a contingency basis, which means that our attorney fees are calculated as a percentage of your settlement. You will not pay us unless we win your case, and you receive a settlement.

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more.
In general, personal injury cases can take anywhere from several months to a few years. It’s important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action.

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin.
In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator.

A Team of Legal Professionals Assigned to Your Case
For nearly 30 years, The Advocates have helped thousands of personal injury victims receive the compensation and care they deserve after their accidents, and we are prepared to do the same for you. 
We can help you:

  • Investigate your accident
  • Build your case
  • Negotiate with insurance companies
  • Fight for your settlement in court if necessary

You only pay if we win your case!

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Montana Truck Accident Statistics

Truck Deaths

Where do truck deaths occur?

  • In fatal truck accidents, around 82% of deaths are attributed to people outside of the commercial vehicle (occupants of passenger vehicles and bystanders)
  • Most truck accidents happen in rural areas
  • Most crashes involving tractor-trailers occur between the hours of noon and 3:00 pm
  • One of the most dangerous roads in Montana is Highway 2, which passes through Kalispell
  • I-90, which crosses the entire state through Missoula, Butte, Bozeman, and Billings, has been named the most dangerous highway in the country, due to high rates of drunk driving

Montana state truck accident statistics  

  • Truck accidents claim an average of 15 lives every year statewide
  • Most truck accident victims are male, due largely in part to the lack of female truck drivers
  • In recent years, the number of truck crashes nationwide has decreased, but has increased in the state of Montana
  • Most truck accidents occur in the months between June and October
Woman Driving An Eighteen Wheeler
Red truck transport with container on winter road

Common causes of truck accidents

  • Driver fatigue: Truckers work long hours, often driving on long stretches of rural road. It is easy to become tired, and it is crucial that truck drivers take breaks when they begin to feel fatigued
  • Distracted driving: Cell phone use, eating, fiddling with the radio, and other non-driving activities all cause motorists to take focus off of the road in front of them, increasing the risk of vehicle accidents
  • Impaired driving: A driver under the influence of drugs or alcohol is a danger to everyone on the road
  • Mechanical failure: One of the most common causes of truck accidents is faulty equipment on the big rig
  • Improper passing or turning: 18-wheelers have a much larger stopping distance than passenger cars. If a truck is cut off by a car, it may be difficult for the driver to avoid an accident

Bad weather: Icy, snowy, or foggy road conditions can lead to major accidents, especially if motorists are not driving safely for the conditions

Common truck accident injuries 

Truck accident injuries can be severe, particularly for occupants of smaller vehicles. Some common types of truck accident injuries are:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Whiplash
  • Disfigurement
  • Broken or missing teeth
  • Ligament tears or strains
  • Lacerations and bruising
Common truck accidents

Montana Truck Laws

Truck Accident

What is a “truck” under Montana law?
In Montana, a truck is defined as a motor vehicle designed to carry an entire load. It may consist of a chassis and a body, or function as a single unit.
A “heavy truck” has a manufacturer’s rated capacity of more than one ton. The manufacturer’s rated capacity refers to the gross vehicle weight for the truck.

What condition does a truck need to be in to drive?

Before starting a drive, truckers must complete a pre-trip inspection of the vehicle. They must inspect the critical areas of the truck to ensure they are in good working order before the semi may be driven. To be considered safe to drive, the truck must have properly functioning:

  • Brakes
  • Tires, wheels, and rims
  • Headlights, tail lights, and turn signals
  • Reflectors
  • Windshield and wipers
  • Mirrors
  • Steering system
  • Gauges
  • Horn

If any one of these components is faulty, it could seriously endanger the trucker and other drivers on the road. Regular truck maintenance and inspection helps keep everyone safe.

Truck driver inspecting safety check a truck tires
Truck driver candidate showing CDL driving license. Successfully passed training driving exam.

What licenses or endorsements does a truck driver need?

In order to drive a commercial truck in Montana, a driver must obtain a CDL. The type and class of CDL they need depends on the type of vehicle they will be driving and where they will be driving it, however, the requirements for obtaining any kind of CDL are essentially the same. CDL applicants must provide the following documentation:

  • Proof of identity
  • Proof of Montana residency
  • Proof of authorized presence
  • Proof of Social Security number
  • Valid Medical Examiner’s Certificate

After providing all applicable documentation, applicants must pass written and road tests.
In addition to their CDL, drivers may wish to obtain special endorsements in order to carry passengers or certain types of cargo. Endorsements are required for the following types of transport in Montana:

  • School buses
  • Passengers
  • Hazardous materials
  • Multiple trailers
  • Tanks

What is the speed limit for commercial trucks in Montana?

The maximum speed limit for passenger cars and light trucks on the interstate is 80 miles per hour. For heavy trucks, the maximum interstate speed limit is 70 miles per hour.
On two-lane highways and interstates passing through urban areas, truckers must adhere to a 65 mile per hour speed limit.
Speed limits are set based on engineering studies that consider all safety factors of the area. Some of the considerations include:

  • Size of roadway
  • Roadway type and condition
  • Presence and location of intersections or access roads
  • Traffic control devices
  • Visibility
  • Accident history
  • Traffic speed studies
Speed Limit
Truck Hours

How many hours can a truck driver work at one time?

Driver fatigue is a serious problem in the trucking industry. Many trucking companies pay their drivers by the mile, so truckers are incentivized to keep driving, even when they are tired. Because of this, the Federal Motor Carrier Safety Administration created the Hours of Service Rule, a federal regulation limiting how many hours a trucker may drive at once.
The Hours of Service Rule is as follows:

  • Truckers may drive a maximum of 11 hours after 10 consecutive hours off-duty
  • Drivers may only be on-duty, driving or not, for a maximum of 14 consecutive hours
  • Drivers are required to take a 30-minute break after 8 hours of driving
  • In adverse conditions, the 11-hour and 14-hour maximums may be increased by up to 2 hours

What is the statute of limitations for truck accidents in Montana?

Every personal injury case has a time limit, known as the statute of limitations. After the time limit is up, you lose your right of action. For all car accidents in Montana, including truck accidents, the statute of limitations is 3 years. 
However, it’s important to contact an attorney to begin working on your case as soon as possible. Personal injury claims can take years to settle, depending on the severity of your injuries, the amount of evidence from the accident, and the willingness of the other party to settle.
If you believe you have a case, contact a personal injury attorney right away. This will give you the best chance of receiving the settlement you deserve.

Business people discussion advisor concept

When Should I Hire a Semi-Truck Accident Attorney?

If you were injured in a truck accident, you will need to prove liability in order to receive a settlement. Montana is a modified comparative fault state, meaning that even if you are found partially at-fault for the accident, you can still receive damages as long as the other driver is found to be more responsible.
Insurance companies will often do whatever they can to prove you had some responsibility in the accident. They will go to extreme measures to diminish your claim and avoid paying you what you deserve. While recovering from injuries and dealing with property damage, fighting insurance providers can be stressful and upsetting.

The Advocates are personal injury attorneys who are ready to take on your truck accident claim. We understand that when recovering from debilitating injuries, the last thing you want to do is navigate your way through a complex legal process. We are prepared to fight for your right to maximum compensation for the damages you have incurred.
The Advocates’ law firm is here to help every step of the way, from building your case to helping you understand your medical bills. We are committed to protecting your best interests and obtaining a fair settlement for you. You deserve a semi-truck accident attorney who will fight for you. You deserve an Advocate.

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