Motorcycle Accidents Attorneys in Billings, Montana

Montana's amazing geography and scenery offer some exciting motorcycle experiences. Unfortunately, motorcycle riders are particularly vulnerable to accidents and severe injuries. Without seat belts and airbags, there is little to protect motorcyclists from serious and catastrophic injuries such as road rash, fractures, traumatic brain injuries, paralysis, disfigurement, spinal cord injuries, and sometimes death. 

If you or a loved one was hurt in a motorcycle accident, you are within your rights to pursue fair compensation. At Gerstner Adam Law, we offer comprehensive legal guidance and representation to clients involved in motorcycle accidents. 

Our team proudly represents clients throughout Billings, Montana, and the surrounding communities of Sidney, Glendive, and Miles City. 

Steps to Take After a Motorcycle Accident

The period following a motorcycle accident is often emotional and unsettling, but the next steps you take — or do not take — can have a significant effect on the outcome of your injury claim. When involved in a motorcycle accident, you should: 

• Remain calm, get to safety, and help other victims 

• Call 911 to get immediate treatment for your injuries 

• Report the incident to the police 

• Collect information from the other parties involved, such as the driver's name, license number, address, phone number, insurance policy, and insurance identification number 

• Obtain the police report, witness statements, testimonies, and accident scene pictures 

• Document your doctor's appointments, all medical treatments received, your personal account of the incident, and how it has impacted your daily life 

• Inform your insurance provider of the motorcycle accident 

• Hire an experienced auto accident lawyer to file an injury claim or help you negotiate a fair settlement with the insurance companies 

It is possible that you could forget important details or misplace vital information if you don't take immediate steps. The sooner you take the above steps following the accident, the better chance you'll have for pursuing compensation.

Medical Attention After a Motorcycle Accident

One of the most critical steps following a motorcycle accident is making sure you receive proper medical care. Even if your injuries seem minor, it is essential to be checked by a healthcare professional. The following are reasons why getting medical attention is critical:  

• Some injuries aren't immediately visible 

• It ensures comprehensive documentation for injury claims 

• It helps with quicker and more effective treatments 

• It prevents complications from untreated injuries 

Types of Compensation Available

Victims of motorcycle accidents in Montana may be entitled to various forms of compensation, including: 

• Medical expenses: Covering emergency care, surgeries, hospital stays, medications, and rehabilitation 

• Lost wages: Compensation for time missed from work due to your injuries 

• Pain and suffering: Compensation for physical pain and emotional distress 

• Property damage: Coverage for repairs or replacement of your motorcycle and other personal property 

• Future medical costs: Anticipated expenses for ongoing medical treatments 

Montana Motorcycle Laws

Montana has strict laws that govern auto accidents involving motorcycles. Some of these laws include the following: 

Lane Splitting 

Lane splitting is a traffic maneuver in which a motorcyclist drives between two rows of cars moving in the same direction. Montana law S.B.9, which went into effect on October 1, 2021, says motorcycle riders are permitted to split between other motorists under the following conditions: 

• The lanes are wide enough 

• The road conditions are safe 

• The rider is traveling under 20 mph 

Helmet Requirements 

Montana's motorcycle helmet law mandates that all motorcycle operators and passengers under 18 years of age wear helmets. Helmets must meet the standards of the Montana Department of Justice. 

Passengers 

Any passengers under 18 years of age must wear a helmet regardless of the driver's experience or age. Passengers should not be in a position that interferes with the motorcycle's normal operation. 

Liability Coverage 

The minimum liability limits for Montana motorcycle insurance are as follows: 

• $25,000 for bodily injury or death per person in a single accident 

• $50,000 for bodily injury or death to two or more persons in a single accident 

• $10,000 for property damage in a single accident 

Determining Fault in a Motorcycle Accident

Montana is an “at-fault” state. This means that the driver who caused the motorcycle accident (the at-fault party) will be held liable for injuries, property damage, and other losses suffered by the accident victims. To prove negligence and recover damages, the plaintiff must prove the following elements: 

• The defendant owed the plaintiff a legal duty of care 

• The defendant breached the duty of care owed 

• The injury was caused by the defendant's breach or negligence 

• The plaintiff suffered some kind of physical or financial harm 

Modified Comparative Fault 

Montana operates under a "modified comparative fault" rule, with a 51% bar. According to this system, motorcycle accident victims are eligible to seek compensation for their injuries, provided that they are partially or equally (50% or less) responsible for the accident. The amount of compensation you may recover, however, will be reduced by your fault percentage. 

For example, if the court awards $50,000 in damages against the at-fault party and you are found to have been 10% at fault for the accident, your damages will be reduced by $5,000 and will only be able to recover $45,000. If you are found to be mostly (51% or more) responsible for your injuries, you will be barred from receiving any compensation. 

Statute of Limitations 

Montana has specific time limits for filing personal injury claims. According to state law, you generally have three years from the date of the motorcycle accident to file a lawsuit. Delaying beyond this period may result in losing the opportunity to pursue legal action. 

How an Experienced Attorney Can Help

Being injured in a motorcycle accident can affect you physically, mentally, and financially. Thankfully, you don't have to face these challenges on your own. 

At Gerstner Adam Law, we have the resources and experience to represent motorcycle accident victims and their families in their injury claims. As your legal counsel, we have the resources to: 

• Fight to protect your rights and work to hold the liable parties accountable 

• Review every aspect of your case and conduct a thorough, private investigation 

• Gather and document relevant information, evidence, witness statements, and police reports 

• Help prove fault and establish liability 

• Determine the full extent of your injuries or losses and estimate your case's value 

• Help negotiate a fair settlement with insurance providers 

• Take additional legal action, where required.