Truck Accidents Attorneys in Billings, Montana

For any car driver or passenger, there are a few things scarier than an accident with a large truck. You are just living your life, and the next moment it is flashing before your eyes. The devastating impact of a truck striking a car can have tragic consequences. People may get injured, or in the worst-case scenario, they may lose their lives.  

If you have been injured or lost someone you love in a collision with a truck, you want justice and compensation, especially if the accident was the result of negligence on the part of the truck driver or their trucking company. That’s why we, here at Gerstner Adam Law, are dedicated to helping injured victims and those who have lost loved ones find justice—whatever meaning you attach to that word.  

We know how much of a toll a truck accident can take on you and your family. That’s why our truck accidents attorneys in Billings, Montana, strive to protect the interests of those we represent so that they can move past this horrifying event and resume a normal life.  

Types of Truck Accidents We Handle

Trucks come in all shapes and forms, but they all have one thing in common: due to their massive size and weight, any collisions with these vehicles can result in catastrophic injuries and deaths. Our attorneys at Gerstner Adam Law handle a variety of truck accident cases, including:  

• Rollover accidents 

• Underride accidents 

• Jackknife accidents 

• Blind spot accidents 

• T-bone accidents 

• Wide turn accidents 

• Lost load accidents 

We have handled cases where clients were involved in accidents with big rigs, 18-wheelers, flatbeds, dump trucks, tractor-trailers, tankers, and other large trucks. We understand the unique nuances that may arise in these cases. Regardless of what type of auto accident you or someone you love was in, we will prioritize your needs and concerns. 

Causes of Truck Accidents

In the vast majority of cases, truck accidents are preventable when everyone, including the truck driver and their trucking company, follow industry safety standards and don’t violate any regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA). At Gerstner Adam Law, we frequently handle truck accidents caused by: 

• Distracted driving 

• Fatigued driving (hours of service violations) 

• Driving under the influence of alcohol or drugs 

• Illegal lane changes or turns 

• Improper passing 

• Speeding 

• Improper truck maintenance 

• Improper cargo loading 

• Inadequate driver training 

• Negligent hiring of drivers 

• Defective equipment 

• Failure to yield the right of way 

Any accident is scary, but those involving large trucks are especially horrific. Sometimes, however, it may not be immediately apparent what caused the crash. When you contact our attorneys, we can help you get to the bottom of what caused the accident and who can be held liable.  

How Is Fault Determined in Truck Accidents?

The trucking industry is heavily regulated on both state and federal levels. The numerous regulations that exist for large trucks are intended to minimize the occurrence of truck accidents. Unfortunately, not all truck drivers and trucking companies follow these regulations.

This failure to act with a reasonable level of care can result in preventable accidents. But how do you prove fault in a truck accident? That’s where an investigation by a Billings truck accident attorney can help. Your attorney can gather the following pieces of evidence to establish fault: 

• Photos from the scene 

• Videos from the scene, including surveillance footage and dashcam videos 

• Witness testimony 

• Traffic tickets 

• Trip logs 

• Vehicle maintenance records 

• Black box data 

• Hours of service records 

• Hiring documents 

Many times, truck accidents are the result of negligence on the part of not just one, but several parties. In fact, even the injured party could be partially at fault for the accident. But what happens if your fault contributed to your accident? Does it mean you won’t be entitled to any compensation? That depends on your state law.  

Montana, for example, follows the theory of modified comparative fault. Under this theory, people who are 51% or more at fault are barred from recovering damages. However, when the other party is mostly at fault for an accident, you can pursue compensation even if you share some fault.

In that case, your compensation will be reduced in proportion to your degree of fault. For example, let’s imagine an accident occurs when a truck driver changed lanes without checking their side-view mirrors and you were going over the speed limit.

The court determines that the truck driver was 60% at fault, while you were 40% at fault. Your damages total $30,000, but you cannot recover the full amount because your award will be reduced by 40% ($30,000 minus 40% equals $12,000).  

The Common Injuries Sustained in Truck Accidents 

The size and power of large trucks can result in some of the most devastating and life-altering injuries imaginable. Many are left with permanent disabilities, and some don’t survive. While a collision with a truck can lead to any injury, some of the most common ones include: 

• Spinal cord injuries 

• Traumatic brain injuries (TBIs) 

• Paralysis 

• Broken bones 

• Loss of limb 

• Disfigurement 

• Internal bleeding 

• Crush injuries 

• Burn injuries 

At Gerstner Adam Law, we work diligently to ensure every client we represent has a speedy recovery by helping them receive the compensation to which they are entitled. While, unfortunately, we cannot undo what has happened to you, we can help fight to relieve your financial burdens. 

With an office in Billings, Montana, we also serve injured victims and families of those killed in truck accidents throughout Glendive, Sidney, and Miles City.