Being involved in a car accident can be jarring, even for the most prepared driver. The steps you take immediately following an accident can have a major impact on the outcome of any potential compensation you may qualify for, so understanding Montana’s fault system is crucial.
Montana's Fault-Based System
Montana operates under a fault-based system when it comes to car accidents. This means that the party responsible for causing the crash is liable for damages. This responsibility is determined based on negligence, not just direct actions. This is an important distinction to make. In Montant, failure to take proper safety measures in any way may result in being deemed at-fault.
If you have been involved in a car accident caused by another party, you may be entitled to significant compensation. Give Connor, Marr & Pinski Attorneys at Law a call to discuss your case.
Factors Considered in Determining Fault
Understanding the process of determining fault in car accidents is paramount, particularly in Montana where fault-based systems shape legal proceedings. If you or a loved one has been involved in a car accident, fault will likely be assigned or determined on the scene of the accident and will play a huge role in the case. If there were any injuries sustained as a result of the accident, determining fault will become even more important, as the responsible party will also be liable for medical expenses.
Fault in Montant can be a very strict system and typically involves investigating the accident. During this investigation, law enforcement or either party’s legal representation will look use a variety of factors to determine fault including:
- Police reports
- Vehicle damages
- Witness testimonies
- Expert testimonies
- Traffic laws and regulations
Comparative Negligence in Montana
Montana employs a modified comparative negligence system, featuring a 51 percent bar. According to Montana Code Section 27-1-702, contributory negligence does not prevent a driver from recovering damages if it is not greater than the negligence of the other party or the collective negligence of everyone involved. However, damages are reduced proportionally based on the percentage of negligence assigned to the plaintiff.
Proportional Liability
Under Montana law, each party's share of fault is assessed, and compensation is adjusted accordingly. For instance, if you are found to be 20% at fault for an accident, your potential compensation is reduced by that percentage.
Shared Responsibility
Comparative negligence acknowledges that fault is not always clear-cut and that multiple parties may contribute to an accident to varying extents. This approach promotes fairness and ensures that each party bears responsibility relative to their actions.
Steps to Take After a Car Accident
After a car accident in Montana, it is essential to take immediate steps to ensure safety and protect your legal interests. While the panic of the moment may make it difficult to know exactly where to start, here are some key steps to take if you are involved in a car accident:
- Check for injuries
- Move to safety
- Call the cops
- Exchange information with other parties
- Document everything
- Report the accident to your insurance company
- Seek medical attention–even if you don’t think you need it
- Contact an attorney
Legal Implications and Consequences After an Accident
One of the most stressful parts about being in a car accident is not knowing what it might mean for you, legally. Considerations such as statute of limitations and potential criminal lawsuits can further complicate matters. Seeking guidance from an experienced attorney can help you better understand your rights, navigate legal proceedings effectively, and pursue fair compensation for your losses.
Connor, Marr & Pinski Attorneys at Law
For compassionate legal guidance and support in navigating the aftermath of a car accident in Montana, contact Connor, Marr & Pinski Attorneys at Law. Our seasoned team of personal injury lawyers is dedicated to advocating for the rights of accident victims.
Whether you're facing insurance disputes, pursuing compensation through a lawsuit, or need assistance with criminal charges, our firm is here to provide support throughout your case.
Don't navigate the complexities of the legal system alone—reach out to Connor, Marr & Pinski Attorneys at Law today for a consultation.
