Montana Injury Law Blog

Car accidents happen for a variety of reasons: driver error, negligence, manufacturing defects, and dangerous weather. No matter the specific cause or result of the car accident, speaking with a lawyer can help you sort out your rights, options and future decisions. A Montana car accident lawyer can help in ways you probably wouldn’t expect.

Unfortunately, driver negligence is quite common. As a Montana car accident lawyer, I come across examples of it every day. All it takes is losing focus that split-second before the accident occurs. It might be talking to another passenger, talking on a cell-phone, changing a CD or radio station, eating, or applying make-up.  Otherwise small distractions can prevent a normally quick reaction to changing traffic conditions, and result in a major car accident. Things like sudden braking in stop-and-go-traffic, an unexpected object or animal in the road, or changing weather conditions can all create tragic car accidents. Sometimes, traffic or criminal laws are violated by drivers who disobey traffic signs, fail to signal while turning, speed, disregard weather or traffic conditions, or drive under the influence of alcohol and drugs.

You may have some idea of who caused a car accident, but the legal determination can be surprisingly complicated and involve questions about who acted when, which law governs the situation, and witness recollections. Even if the driver of the other car was clearly negligent, you must still prove that his negligence caused your damages. Worse still, the question of whether insurance coverage applies involves often in-depth analysis of coverage provisions, state law, and factual aspects of the accident. Luckily, a Montana car accident lawyer can guide you through these complex and contentious issues and help ensure that you’re compensated for what the other driver took from you.

Cres Young of Helena died at a Great Falls hospital after her car was struck by another car at the intersection of U.S. Highway 12. Authorities believe Young may have run a stop sign. Three other people were injured in the crash but their names have not been released.

People are injured every day be inattentive or careless driving.  If you have been injured, please contact a Montana Injury Attorney to discuss your legal options.  And remember, most reputable Injury Attorneys will offer a free initial consultation.

A 39-year-old Flathead Valley man was driving a pickup truck and collided into a car traveling in the opposite direction. He was trying to pass another vehicle before the crash occurred. Apparently, the driver of the pickup truck was the subject of several driving complaints filed before the crash which complained he was making unsafe passes on the highway. The crash occurred Sunday on U.S. 93 north of Olney, Montana.

A Missoula attorney known statewide for her work against domestic violence died last weekend after a driver who smelled of alcohol struck her car on Interstate 90 near Anaconda. Judy Wang was driving home to Missoula when a car smashed into her read end causing her vehicle to roll. After she was struck, she lost control and slid into the median, rolling several times. Her car landed on its left side in the eastbound lane of I-90. Wang was pronounced dead later that evening.

The driver of the other vehicle was taken to the hospital for a legal blood draw to determine whether he was drunk. Officers at the scene believed they could smell alcohol on his breath at the scene. Results from the blood test are expected in a few weeks.

According to the Department of Transportation, distracted drivers caused nearly 6,000 deaths and injury to over 500,000 people in 2008. This includes drivers talking on cell phones and texting. The report states that 16% of all fatal crashes in 2008 involved driver distraction. The release of the report coincides with a meeting between government officials, safety advocates, researchers and lawmakers who are discussing ways of developing a consensus on the roadway hazards.

A main topic of conversation were bills outlawing texting and emailing while driving. New York Senator Charles Schumer, who will address the gathering, introduced legislation in July that would require states to ban texting or emailing while operating a moving vehicle or lose 25% of their annual federal highway funding. This parallels the approach taken by the federal government in its efforts to reduce drunk driving. According to Secretary of Transportation, Ray LaHood, “we need a combination of strong laws, tough enforcement and ongoing public education to make a difference.”

18 states, and the District of Columbia have passed laws making texting while driving illegal and seven states and the District of Columbia have banned driving while talking on a handheld cell phone, according to the Insurance Institute for Highway Safety.

As a Montana Personal Injury Lawyer, and more importantly a driver, I’m shocked by how often I see drivers paying more attention to their cell phones than the road. Hands-free devices can help, but the bottom line is that anytime you’re actively doing anything other than driving while behind the wheel, you’re putting lives in danger.

Car accidents are an unfortunate fact of life. They can happen anytime to anyone. But while you can’t completely prevent them, you can take steps afterward to protect yourself and your rights. If you are involved in a crash that causes serious injury to you or a passenger, or major property damage to your vehicle, you may be looking at a long road while fault is determined and damages are recovered. But there are some things you can do.

First, and most importantly, you must stay on the scene, aid the injured, and call the police. Montana law requires you to give reasonable aid to injured persons, and failing to do so is a serious crime. Afterwards, if you are not injured yourself, you can be your own best reporter and take note that may strengthen, or even save, your case.

1) Write down what happened. As time goes by the details will inevitably fade. In fact they will probably never be as clear to you again as they are in the moments immediately after the crash. Taking the time to write down a thorough account of what happened can mean the difference between remembering an important detail or losing it forever. Remember to include things like the weather, what the road conditions were, and what time it was.

2) Draw a picture. A diagram of the accident can be extremely helpful later when your attorney is trying to reconstruct what happened. Things to take special note of: the vehicles involved in the accident, any traffic lights, any stop signs, crosswalks, the sun’s location, and where any witnesses were standing. Also the location and length of any skid marks can be important as well. Don’t worry about your artistic skills, this is all about getting the details down.

3) Exchange information. Although most people remember to do this, a little reminder never hurts. Get his name, address, telephone number, license number, insurance company name and policy number.   Also, ask if the other driver is the owner of the vehicle. If not, get that information about the owner as well.

4) Try to get contact information from witnesses and passengers. Having someone else who can corroborate you story of what happened is invaluable.

5) Take pictures of the damage to your car before you have it repaired. If you can, pictures of the other driver’s car before it is removed from the scene as well. Photos of any visible injuries to yourself or your passengers is recommended as well.

The reality is that memories fade and witnesses forget details. It may seem like you will never forget a single detail of what happened to you, but believe me when I say it happens to everyone. The more detailed your record, and the sooner you consult an attorney, the better.

Finally, in the days after the accident I always recommend my clients keep a journal of how their injuries are effecting day to day life for them. While this journal is a topic for a separate post, suffice it to say – the more detailed the better.