Montana serious Auto Accidents Lawyer
Types of Accidents
Depending on the type of car crash, the victim can end up with life-altering damages. The following are the types of car accidents that are frequent on roads, highways, and even in neighborhoods.
Drunk Driving
Distracted Driving
Rear-End Crashes
Head-On Collisions
Single-Vehicle Crashes
Chain Reaction Accidents
Dangerous Road Hazards
Underinsured/Uninsured Accidents
Accidents Involving Commercial Trucks
High-Speed/Reckless Driving
Everyone in Montana is responsible for exercising reasonable care when they drive a car. If a driver fails to exercise reasonable care and causes an accident injuring another person, that driver usually will be liable for damages. When someone fails to use reasonable care, they may be found negligent. A negligent driver can cause injury to another person in another car, a pedestrian, a cyclist, or a passenger in their own car.
Unfortunately, Montana has a very high rate of traffic fatalities and the highest rate within the United States of alcohol-related traffic fatalities (48%). There are thousands of auto collisions each year. Automobile crashes can be caused by distracted drivers, drinking, excessive speed, disregarding traffic signals, or other inattentive driving.
How the Montana Auto Accident Claim Process Works
If someone is injured in a car accident due to someone’s negligence, they may be able to obtain damages through a settlement with the negligent driver or their insurance company. Sometimes, filing a lawsuit in court is necessary to prove negligence and damages.
The person filing the lawsuit is called the plaintiff. Under Montana’s comparative negligence law, the person asking for damages in the lawsuit must be less responsible for the accident than the individual(s) who allegedly caused the accident to receive damages. If the plaintiff is found to be partially responsible by the jury but less responsible than the negligent defendant, then comparative negligence law applies. The injured person’s percentage of fault is then reduced from the total damages owed by the negligent defendant.
Often, it is necessary to hire experts to reconstruct the accident. It’s often necessary to determine how fast cars were driving and how they were moving during the accident, so experts use the following to reach a conclusion:
Physical evidence at the scene
Law enforcement reports
Principles of math and physics
Experts are also necessary to document and explain the plaintiff’s injuries. If you are injured in an auto accident, you have three years from the initial accident date to file a claim for personal injury and two years for property damage.
Understanding Damages in an Auto Accident Claim
A person injured by a negligent driver is entitled to all damages caused by the negligence, including:
Past and future medical expenses
Past and future lost earnings
Past and future lost value of household services
Pain and suffering
Emotional distress
When a person dies because of another person’s negligence, this is called wrongful death. The representative of that person’s estate, often their surviving spouse, brings the lawsuit on behalf of the deceased victim’s estate and its heir(s). Depending on the circumstances of the accident, the law allows the estate and the heirs to recover certain damages.
What to Do after an Auto Accident
The moments after an accident can be terrifying and disorienting. However, if it’s safe to do so, there are steps you can take that will significantly benefit your claim.
Seek medical attention (even if you believe your injuries to be minor)
Contact law enforcement
Collect information
If you or a member of your family are in an accident, important documents to collect include:
A lease or highway patrol report
Any other accidental reports
Any information on the other driver(s)
Photographs or videos
Medical and hospital records
If you have lost work due to your injuries, you will also need to collect pay stubs, tax returns, and other documents that show your income loss.
How a Montana Auto Accident Lawyer Can Help
Auto accident injury claims often involve complex insurance issues. These include identifying all the different insurance policies that might provide coverage for your injuries and understanding the terms, conditions, and exclusions in the language of those policies. Additionally, the negligent party’s insurance adjuster will need proof their client is liable and if their client is totally or partially liable. Dealing with insurance companies can be challenging, especially without the proper knowledge and resources; this is where legal representation comes into play. A trusted and experienced attorney can:
Determine the validity of your claim
Determine the estimated value of your claim
Investigate your claim thoroughly to establish liability
Negotiate with insurance companies on your behalf
Make sure you meet all deadlines
While you may not think it necessary to hire legal representation when negotiating with insurance companies, attempting to tackle your claim on your own can result in lower settlements or errors that may get your claim dismissed entirely. Furthermore, if you and the insurance company cannot reach a settlement agreement, the claim may go to trial. The negligent party and the insurance company will likely have legal representation during the trial. To ensure your rights are protected, it’s important to have a trusted attorney at your side.
Morrison Sherwood Wilson Deola’s Experienced Auto Accident LawyerS are Here to Help
Morrison Sherwood Wilson & Deola is a dedicated firm passionate about protecting the rights of injured victims across Montana. When a negligent driver causes an accident, they place the other driver(s) at risk of severe injuries and damages, which is why victims have the right to file a personal injury claim. Victims can recover financial compensation for any damages the accident caused through a personal injury claim. However, this process can be challenging and lengthy, and the risks of complications and failure grow if the case is not handled correctly.
We are here to help. We’ll work tirelessly to expedite the process and protect your legal right to compensation. Schedule a consultation with us today by filling out our contact form below.