Accidents that happen during inclement weather can add a layer of complexity when it comes to establishing liability. Still, drivers must adjust their driving habits and styles to road conditions. When the road conditions are not good, drivers need to increase their following distances, slow down, and utilize any safety features. They can be held liable for causing an accident when they don't. However, you must be able to prove that the driver was negligent to receive compensation. Contact an experienced car accident attorney as soon as possible to ensure that you can build a strong case, and they can guide you in the proper steps to take after an accident.
Understanding Montana's Comparative Negligence Law
When it comes to car accidents in Montana, there is a fault-based insurance system that covers all of the year. This simply means that the driver who caused the accident pays the injured party’s physical and property damages. However, suppose more than one driver is at fault for the accident. In that case, Montana’s fault-based system then falls to a modified comparative fault process that assigns fault based on the percentage of each party involved in the accident.
For example, a judge has determined that the other driver is 75% at fault for running a red like, and you are 25% at fault for speeding. Then, each driver is responsible for the percentage of fault in the accident. If the total damages amount to $100,000, the other driver would be responsible for $75,000, which is 75% of your total damages.
The only stipulation that comes with the comparative fault compensation is that if you are determined to have caused over 50% of the damage, you can’t recover any compensation. Establishing liability and fault is the most crucial step regarding accidents in Montana. Hiring an experienced car accident attorney to help build your case and ensure a thorough investigation has started is crucial.
Common Causes of Winter Weather Accidents in Montana
When the weather outside is frightful, sometimes it’s better not to go out on the roads, but when it comes to Montan, snow can be a part of the landscape for 8 months out of the year. While most Montana drivers are used to driving in these conditions, not everyone is as experienced. Battling the winter weather conditions on the road brings common accidents that can be avoidable.
Common causes such as:
- Visibility issues
- Icy roads
- Following too close
- Improper vehicle maintenance
- Lack of safety equipment
The most critical part of accidents in winter weather is that everyone gets home safely. When you are involved in an accident with a negligent driver, know that you have rights and a right to fair compensation so that you can receive the medical care you need and fix your car.
Factors Affecting Liability in Winter Weather Accidents
Proving negligence and liability in a car accident doesn’t change when it comes to hazardous road conditions. If another driver hits a patch of black ice, loses control, and crashes into you, they are still liable. You can build a case to prove that their negligence of not slowing down on an icy road caused the accident.
The different factors of liability are:
- The driver neglected their duty of care, such as going an appropriate speed
- Proving that they neglected the duty of care and did speed
- Those actions caused the accident
- The accident caused injuries and damages
Proving this negligence is different for every accident; an experienced attorney can provide investigation assistance to help build your case. When you are involved in an accident, after receiving medical attention, you should always collect video and photos, witness statements, and keep detailed records and notes to help.
Why Work With Conner, Marr & Pinski After a Montana Winter Driving Accident
Even though the winter brings sweet dreams of holly and ribbon, everything is icy and blue and a bit dangerous too. One of the scariest parts after the accident is what to do next. Being in an accident with the out-of-control feeling of sliding on ice, you can find compassionate legal guidance and support navigating the aftermath with Connor, Marr & Pinski Attorneys at Law. Contact us today; our seasoned lawyers can advocate for your rights after an accident.
