Guide to Truck Accidents In Montana
The trucking industry is crucial to Montana’s infrastructure, facilitating the movement of goods and services in and out of the state and supporting Montana’s other vital industries, including manufacturing, mining, and agriculture. Unfortunately, commercial trucks are also immense vehicles that tower over standard family cars and outweigh them by as much as 76,000 pounds. Around 70% of truck accident injuries and fatalities occur to motorists in smaller vehicles, not the truck driver.
What Causes Most Truck Accidents In Montana?
Trucks have extensive blind spots on both sides of the truck and trailer, as well as in front and behind the truck. Trucks also make wide turns, require long stopping distances, and often carry hazardous materials and combustible fuels, posing a danger to entire communities as well as other motorists in the event of a crash. The most common causes of truck accidents in Montana include the following:
- Speeding
- Distracted driving
- Drowsy driving
- Unsafe lane changes
- Improper merging
- Failure to yield the right of way
- Improper passing
- Tailgating
- Tire blowouts
- Sudden shifts of cargo or unbalanced loads
- Mechanical failures or defective parts
- Insufficient maintenance
- Impaired driving
When truck drivers commit traffic violations or fail to follow regulations established by the Federal Motor Carrier Safety Administration (FMCSA), the consequences can be devastating for other motorists.
What Types of Truck Accidents Occur In Montana?
More than half of large truck accidents occur on rural roadways, including on Montana’s extensive rural routes. However, the truck accidents most likely to cause severe injuries to motorists in one or more smaller vehicles occur on multi-lane highways, in cities, and within communities. The most common types of truck accidents seen in Montana include the following:
- Roadway departures
- T-bone accidents in intersections
- Rear-end collisions
- Head-on collisions
- Tire blowout accidents
- Rollovers
- Collisions with obstacles
- Jackknife accidents (when a truck crashes in the shape of a partly opened jackknife)
- Underride accidents (when a smaller vehicle collides with a truck and wedges under the trailer)
- Override accidents when a truck collides with a smaller vehicle and rides up and over the smaller car
- Multicar pileups
It often takes a deep investigation into all aspects of the above types of accidents to determine the cause of the accident, the negligence that led to it, and the correct liable party. Then, a truck accident lawyer pinpoints the appropriate insurance company with which to file a compelling claim.
Why Is Determining Liability In Montana Truck Accident Cases Challenging?
Montana follows a modified comparative negligence system, which requires injury victims seeking compensation to file claims against the responsible party with clear evidence of the at-fault party’s liability. In typical car accidents, it’s usually one driver who is at fault and liable for damages, or both drivers may have contributed to the accident, allowing an injury victim who was less than 50% at fault to recover compensation. Determining liability in truck accident claims is far more complex because it takes multiple entities to put a well-maintained, fully loaded truck on the road and driven by a well-qualified and alert driver. It only takes one of these entities to fail to adhere to FMCSA regulations or neglect to take reasonable care, and the results can be devastating to others. Depending on the results of the investigation, one of the following entities could be at fault for a Montana truck accident, or several entities could share fault for contributing to the accident:
- The truck driver
- The trucking company
- A negligent truck maintenance company
- A negligent freight loading company
- The manufacturer of a defective truck part or tire
In some cases, a party not affiliated with the trucking industry may be liable for truck accident damages or partially liable for contributing to the cause of the accident. In Montana, this may sometimes involve a negligent road maintenance agency, a third-party driver, or a road planning agency responsible for designing a hazardous intersection.
What Types of Injuries Occur In Montana Truck Accident Claims?
Motorists in smaller cars are at a high risk of suffering catastrophic injuries or fatalities in Montana truck accidents. Unfortunately, truck accidents cause injuries such as the following:
- Broken bones, including in the limbs, hips, pelvis, clavicle, ribs, and spinal vertebrae
- Skull fractures
- Neck injuries
- Back injuries
- Traumatic brain injuries, ranging from concussions to severe injuries with permanent impairment
- Internal organ injuries
- Soft-tissue injuries like sprains, strains, and torn ligaments or tendons, especially in the knees, shoulders, ankles, and wrists
- Spinal cord injuries
- Burns
- Traumatic amputations
- Decapitation
- Lacerations contusions, and abrasions
- External head, facial, and dental injuries
In the worst cases, truck accidents can cause injuries and illness to those in surrounding communities due to explosions, fuel spills, and toxic chemical releases. When a truck accident causes a fatality, and the driver, trucking company, or another party is at fault for the accident, they may be held liable in a wrongful death claim by the family.
What Damages Are Recoverable In a Montana Truck Accident Claim?
A truck accident victim often faces a long road to recovery, requiring medical procedures, surgeries, and sometimes rehabilitation. Even minor injuries can be expensive, but severe injuries are especially costly, especially if they cause lifelong disability. A successful claim recovers compensation for damages such as the following:
- Reimbursement for medical expenses
- Anticipated future medical costs
- Out-of-pocket injury-related expenses
- Lost earnings
- Future income loss or diminished future earning ability
- Compensation for pain and suffering
- Compensation for catastrophic injuries that apply in some cases, such as disfigurement, loss of limb, loss of one hearing, loss of vision, organ loss, or diminished quality of life
If an accident causes the wrongful death of a loved one, the representative of the decedent’s estate—typically a spouse, parent, or adult child—may recover compensation through a wrongful death claim against the liable party.
How Can a Montana Truck Accident Lawyer Help?
After a truck accident, taking on a large trucking company and its powerful insurer can quickly become overwhelming, especially when dealing with injuries, medical appointments, and struggling to accomplish routine daily tasks. Still, leaving the claim in the hands of an insurance company often results in delays, disputes, denials, or the undervaluing of your claim’s worth. Instead, call the Montana truck accident attorneys at Beck, Amsden, & Stalpes for experienced representation from a results-oriented lawyer who will assertively argue for your best interests throughout the process.