Determining Liability in Car Accident Cases in Montana
Liability in car accident cases is determined by state law. First, all states adopt a fault or no-fault system for auto accidents. The state’s negligence standard also determines to what degree the deemed negligent party will be financially liable for the accident.
As it stands, Montana is a fault-based auto accident state. It also uses a modified comparative negligence standard with a 51 percent bar. Consulting with a Bozeman car accident attorney can help you navigate these complex laws and understand your rights.
In this article, we’ll briefly examine the implications of Montana’s auto accident and negligence laws for liability and the factors considered when determining liability.
Insurance and Car Accident Fault in Montana
Montana is an at-fault state. Therefore, the party responsible or “at fault” for the accident will generally be liable to the injured party and should compensate the other party for the damages.
This fault-based system informs Montana’s car insurance requirements, which require all vehicles to be covered by a liability insurance policy, according to Mont. Code Ann. §§ 61-6-103 and 61-6-301.
To prove fault, you must establish that the other party’s negligence is responsible for the accident.
Montana’s Modified Comparative Negligence Standard
The modified comparative negligence standard in Montana recognizes that, sometimes, the negligence of more than one party may contribute to the accident. Where the negligence of more than one party has indeed caused the accident, Mont. Code Ann § 27-1-702 provides a party will still be allowed to recover damages. However, the party seeking to recover must not have been more negligent than the other party or the other parties combined. Damages will also be reduced in proportion to the percentage of negligence.
To recover damages for another party’s negligence, your responsibility for the accident must be less than 51%. Then, if your damages add up to, say, $50,000, but you were found to be 20% responsible for the accident, the total damages will be reduced proportionately, and you’ll only get $40,000.
These percentages are used with court cases and juries. However, insurance companies will consider your possible negligence in a car accident before offering a settlement.
Who Will be Liable for Your Accident in Montana?
A party’s action or inaction will typically determine liability. But to prove liability, you must establish negligence. Establishing negligence entails showing that a party had a duty of care, failed to carry out that duty, and their failure caused injury or damages. Depending on the exact cause of the accident, different parties could be liable:
- Another driver being liable is very common. It usually occurs when a driver is texting while driving, fails to obey traffic laws, or driving under the influence of alcohol beyond the legal limit/other substances.
- Third parties like construction companies may also be liable when their negligence causes an accident.
- State or local governments may be liable if poor road conditions that could have been reasonably avoided cause your accident.
Contact Our Dedicated Legal Team
Determining liability for complex accidents with Montana’s modified comparative negligence standard may be tricky. Insurance companies may try to take advantage of you by devaluing your settlement when you’re unsure exactly how to measure and evaluate fault. That is why you need a skilled Bozeman personal injury attorney for your car accident case in Montana.
At Beck, Amsden & Stalpes, PLLC, we’ll work hard to maximize the value of your claim. We know exactly what steps to take to lead you to a successful outcome. You can trust our collective 150-plus years of legal experience. Contact us today to discuss what your car accident claim may be worth.