Montana Motorcycle Accident Lawyer
Motorcycles have risen in popularity as an easy form of transportation on the road. Unfortunately, some other vehicular drivers fail to recognize the protections that the motor vehicle code provides to motorcyclists. Given the vulnerability of motorcyclists, negligent drivers can cause severe, and even fatal, accidents.
If you or your loved one have suffered a motorcycle injury, your life may be forever changed. Motorcycle accidents can cause long-term physical pain, financial stress, and emotional struggles. At Beck, Amsden & Stalpes, our Montana motorcycle accident attorneys will make sure you get the representation you deserve. We will not rest until you are given the strongest argument possible for the best chance of success. You deserve just compensation for the pain and struggle inflicted by a motorcycle accident. Call our Montana motorcycle accident attorney for your free consultation.
Common Causes of Montana Motorcycle Accidents
Motorcycle accidents can occur in a variety of different ways. Our Montana car accident lawyers say cars are the most common culprit. Some other common causes of motorcycle accidents in Montana include:
- Lane Changes – A vehicle that fails to put on a turning signal when switching lanes
- Blind Spots – A vehicle driver who does not look in his or her blind spot prior to turning.
- Driving while inebriated – Alcohol weakens the reflexes. A driver who is under the influence places a motorcyclist in a dangerous position.
- Sudden Stops – A vehicle that suddenly stops without warning can place a motorcyclist at great risk of harm.
- Speeding – Vehicles that drive at reckless speeds place motorcyclists in a position to injure themselves.
- Weather Conditions – A vehicle driver who fails to take caution given severe weather conditions can place motorcyclists in grave danger.
- Faulty Motorcycle – Some injuries are due to issues with the vehicle itself. For defective motorcycles, a victim may bring a lawsuit under a theory known as product liability.
- Stray Objects – Drivers of trucks who fail to secure their cargo place motorcyclists at great risk of being injured if flying objects fall onto the road.
Injuries in Motorcycle Accidents
Common injuries in motorcycle accidents include:
- Fractures
- Broken bones
- Lower leg injuries
- Burns
- Skin abrasions or “road rash”
- Paralysis
- Head Trauma and Brain Injuries
Statute of Limitations for Motorcycle Accidents in Montana
The statute of limitations refers to the amount of time you have to file a claim before your right to file expires. The statute of limitations is determined by each state’s legislature, which is where the name comes from. The amount of time provided by the statute of limitations is determined based on the state and the type of claim. In Montana, the statute of limitations for vehicular crashes is three (3) years. After three (3) years, the plaintiff is barred from bringing a claim.
Comparative Fault in Montana
Comparative fault refers to a term to determine whether or not a plaintiff can still recover if he/she was partially responsible for the accident. States will vary, but in Montana, fault is determined by the jury/judge. If the jury/judge determines that the plaintiff’s fault responsibility is less than fifty percent (50%), then the plaintiff is still able to recover damages.
The Elements of Negligence in Montana
In order for the plaintiff to win, he or she must prove that the defendant exhibited negligent behavior that led to the accident occurring. Negligence can be informally thought of as someone who acts carelessly. However, legally, there are certain elements that the plaintiff must prove in order for the Court to award recovery on the basis of negligence. These elements are:
- The plaintiff (the victim) must prove that the defendant (the negligent motorist) breached a duty of care. All drivers must exhibit a duty of care, which is typically defined in the motor vehicle code.
- The plaintiff must prove that damages were caused by the defendant’s breach of duty of care.
- The plaintiff must prove the actual existence of the damage they’ve sustained.
Call Our Montana Motorcycle Accident Lawyer Today
A motorcycle accident can forever alter the lives of a motorcyclist and their loved ones. Insurance companies might try to pressure you into taking an easy settlement, but you deserve just compensation that can help you financially get through the physically and emotionally tough times that are the result of an accident. At Beck, Amsden & Stalpes, our Montana motorcycle accident lawyers will fight to get you the justice you deserve. Call us today for your free consultation.