Car accidents are among the most common causes of fatal and non-fatal injuries in Billings and the rest of the state of Montana. According to statistics from the Montana Department of Transportation, there were 2,307 total reported crashes in Billings, Montana, in 2019, resulting in 7 fatalities and 1,788 injuries.
If you’ve recently been in a car accident, you probably have a lot of questions and concerns. This is understandable. When a car accident results in significant injuries, knowing what to do following the collision can be difficult. If you or someone you know has been injured in a car accident, you may be entitled to recover damages. In order to know exactly what to do next, it’s recommended to contact a Billings car accident lawyer. 1-800-Injured can help you do so. As a medical and legal referral network, we connect our clients with experienced professionals who can help them with their unique personal injury needs.
Car Accident Liability in Billings
Montana is an “at-fault” state. Under this system, the driver who caused the accident is liable for injuries, damages, and other losses suffered by the victims in the crash. In order to recover damages, the accident victims can do any of the following:
- File an injury claim with their own insurance carrier
- File a third-party claim against the insurance provider of the at-fault driver
- File a personal injury lawsuit against the at-fault driver in court
Billings Laws Regarding Car Accidents
For the city of Billings, Montana state laws are established to address liability in personal injury claims. Here are some to take note of:
Statute of Limitations
According to Montana Code Annotated Section 27-2-204(2), an action to recover damages for personal injury must be commenced within three years of the date of your accident or injury.
Modified Comparative Fault
Montana uses a “modified comparative fault” rule, with a 51% bar. Under this system, you are eligible to collect compensation for your injuries, provided that you are 50% or less responsible for the accident.
The amount you may recover would be reduced by your degree of fault. As an example, if the court awards $100,000 in damages against the at-fault party but you were found to be 30% responsible for the car accident, your damages will be reduced by 30% ($30,000). You will be entitled to collect $70,000 of the initial $100,000 that was awarded.
Be aware that you will be barred from recovering compensation for your injuries if you were found to be mostly (51% or more) responsible for the accident.
It is time you found a Billings car accident lawyer who is dedicated to offering experienced legal guidance and compassionate representation to car accident victims and their families. 1-800-Injured will connect you with an attorney who can examine and investigate all the details of your case, work to establish liability, and estimate case value. As your legal counsel, they will work to hold any liable negligent parties accountable and help negotiate a fair settlement with the insurance provider.