Bozeman Hit and Run Accident Attorney
An accident is terrifying due to the sudden loss of control, the sounds of crushing metal and glass, and often followed by the realization that you or a loved one has suffered painful and frightening injuries. The distress of an accident is terrible enough, but when you realize that the other driver is fleeing the scene or has already left, it’s even more distressing—especially if they caused the accident through carelessness or reckless driving.
What Are Montana’s Car Accident Laws?
Like other states, Montana has laws in place to stipulate what those involved in car accidents must do. All drivers involved in car accidents with injuries, fatalities, and or property damage of over $1,000 in repair costs must report the accident to the police from the accident scene. If you were incapacitated by severe injuries, you or a family member must report the accident as soon as possible. Drivers in Montana must remain at the scene of an accident with injuries, fatalities, or property damage until cleared to leave by the police, except in cases of emergency injuries, in which case, injury victims leave by ambulance. If this occurs, you must give your statement to the police later. Fleeing the scene of an accident in Montana is a hit-and-run offense ranging from a misdemeanor to serious felony charges if the hit-and-run driver caused an accident with injuries or a fatality.
Why Do Some Drivers Leave the Scene of a Car Accident In Montana?
In some cases, the fear and terror of a car accident causes a surge of adrenaline, triggering a flight or fight response. A traumatized driver may leave the scene of an accident but often returns or calls the police later when once they’ve calmed down. Sadly, it’s more common for hit-and-run drivers to leave the accident scene due to any of the following reasons:
- They lack car insurance
- They don’t have a valid driver’s license
- They are in the U.S. illegally
- They are intoxicated or have illegal substances in their car
- They are carrying illegal weapons
- There is a warrant out for their arrest on an unrelated charge
It’s typically an act of self-protection that causes an at-fault or involved driver to flee the accident scene to avoid the police.
Common Causes of Hit-and-Run Accidents With Injuries In Montana
Hit-and-run accidents do not always involve instances of road rage or other criminality. Often, they occur just like other car accidents, only the driver has reason to flee the scene. Common causes of Montana hit-and-run car accidents include the following:
- Speeding
- Distracted driving
- Tailgating
- Failure to yield the right of way
- Unsafe lane changes
- Improper passing
- Unsafe merging
- Drunk driving
- Drowsy driving
- Aggressive driving
When any of the above causes result in an accident, injuries such as fractures, soft-tissue injuries, head injuries, neck injuries, back injuries, and internal organ damage may occur. Some injuries are catastrophic while others may be minor and fully recoverable; however, all car accidents cause property damage and often medical expenses and lost wages as well as pain and suffering.
What to Do After a Hit-and-Run Accident In Bozeman
Hit-and-run accidents may leave accident victims shocked and suffering from painful injuries that prevent any purposeful action; however, if you are injured in an accident but can safely use your phone at the scene—or ask an uninjured person to use one for you—it can help protect your physical safety and financial future, especially after a hit and run. Use your phone to do the following:
- First, if possible, use the camera to snap a photo of the at-fault driver’s car as they flee, trying to capture the license tag or the make and model of the car
- Then, use the phone to call 911 to report the accident. Describe your location, the car that caused the accident, and the direction the driver was heading when they left
- Attend to any emergency injuries with appropriate first aid
- While awaiting the police and emergency services, snap photos of the damaged vehicle and the accident scene
- If there are bystanders present who witnessed the accident, add their contact information to your phone
Always go directly to a hospital after an accident, either with an ambulance or by arranging transportation. At the hospital, ask for a thorough examination as well as emergency treatment for obvious injuries. This may help catch injuries with delayed symptoms and ensures that you have documentation that your injuries occurred in the crash. Be sure to report the accident to your insurance company and tell them that it was a hit-and-run accident.
How Can I Recover Compensation for My Car Accident Damages After a Hit-and-Run?
It’s easy to feel discouraged after a hit-and-run accident, especially if you have significant injuries with expensive medical treatment. You may be unable to return to work for some time or may have suffered an injury with life-altering consequences. Under Montana’s fault-based insurance law, you can recover compensation for damages by filing a claim against an at-fault driver—which may not be possible after a hit-and-run accident. Fortunately, a Bozeman car accident lawyer can help you explore other options, including the following:
- If you chose to add uninsured/underinsured motorist coverage to your insurance, you can file a claim against this policy. Montana does not require all motorists to carry uninsured/underinsured motorist coverage as part of the minimum insurance requirement but does require all insurance carriers to offer it to policy buyers
- You may be able to recover a portion of your total damages by filing a claim against your collision coverage if you have this optional addition to your insurance
- A skilled Bozeman car accident attorney may find additional liable parties; for instance, if a road hazard caused or contributed to the accident, the road maintenance agency may be liable for a portion of your damages. If your airbags failed to deploy, compensation may be available through a defective product claim or lawsuit against the airbag installation company
Finally, hit-and-run drivers are often apprehended after an accident. If the police identify the driver, you may file a claim against their auto insurance if they have a valid policy before the statute of limitations expires three years from the date of the accident. Otherwise, you may also file a personal injury lawsuit against them if they have significant resources available to them for your compensation.
How Can a Bozeman Car Accident Lawyer Help Me?
It’s more important than ever to have experienced representation through a car accident lawyer after a hit-and-furn accident in Montana under the state’s fault-based modified comparative negligence accident laws. With a free consultation and contingency-based payment, you pay nothing unless your attorney obtains compensation in your case, so there is no financial risk to you. Call the Bozeman car accident attorneys at Beck, Amsden & Stalpes, PLLC for the skilled legal counsel you need during this trying time.