Montana Motorcycle Accident Lawyer

Is a helmet required for motorcycle riders in Montana?

Only for riders under 18. Adult riders in Montana may legally choose to ride without a helmet, and that choice alone does not bar an injury claim.

Even so, helmet use often comes up after a crash. An insurer may argue that a head injury would have been less severe with a helmet. That argument, when the facts support it, usually goes to the amount of damages for that particular injury, not to whether the other driver caused the crash. It also has nothing to do with a broken leg, road rash or a spinal injury that a helmet would not have prevented. Our team works with medical experts to separate injuries a helmet could have affected from those it could not.

When does the riding season create the most risk in Montana?

The risk is highest during the short summer season, when riders, tourists in rental cars and RVs, and farm traffic all share the same narrow roads. Late spring and early fall add their own dangers, such as sand left from winter road treatment and early snow at high elevations.

Many of Montana's best rides are also some of its most demanding. The Beartooth Highway, Going-to-the-Sun Road and the routes through the Bitterroot and Paradise valleys bring:

• Sharp switchbacks with little shoulder and steep drop-offs.
• Drivers slowing suddenly or stopping in the lane to look at scenery or wildlife.
• Large RVs and trailers that cross the center line on tight curves.
• Gravel, rockfall and fresh chip seal that reduce traction without warning.
• Deer and elk at dawn and dusk.

Road conditions can also point to a responsible party. A construction crew that leaves loose gravel without warning signs, or a contractor that fails to mark an uneven lane, may share fault for a rider's crash.

Why do insurers blame motorcyclists, and how is that answered?

Insurers often assume riders are reckless, and they know some jurors share that view. In practice, many serious motorcycle crashes are caused by drivers who never saw the rider.

Common examples include a car turning left across a rider's path at an intersection, a driver changing lanes into a motorcycle in a blind spot, and a vehicle pulling out of a driveway or ranch road. In each case, the driver often says the motorcycle came out of nowhere. Evidence that answers that claim includes:

• Sight-line measurements and photos of the intersection.
• Damage patterns on the bike and the car that show speed and angle.
• Witness accounts from other riders and drivers.
• Helmet camera or dash camera video, when available.
• Data from the car's event recorder.

How does Montana's fault rule change a rider's recovery?

Your award is reduced by your share of blame, and you recover nothing if your share is greater than 50%. Because insurers start from the assumption that riders are partly at fault, this rule shapes nearly every Montana motorcycle case.

Suppose a driver turns left in front of you on a highway near Kalispell. Your damages total $250,000. The insurer argues you were riding 10 mph over the limit. If a jury agrees and assigns you 20% of the fault, you receive $200,000. If the insurer also convinces the jury that your lack of a helmet made a head injury worse, that may reduce the part of the award tied to that injury. If the jury finds you 51% at fault, you receive nothing.

The goal is to keep the focus on the decision that actually caused the crash. A rider going slightly over the limit is very different from a driver who turns without looking.

What coverage pays a Montana rider's medical bills?

The at-fault driver's liability insurance is the main source, but it is often not enough. Motorcycle injuries tend to be severe, and minimum policy limits can be exhausted by the first surgery.

Your own motorcycle policy may include uninsured or underinsured motorist coverage and medical payments coverage. Health insurance, disability benefits and an auto policy in your household may also play a role. Our team reviews each source so that nothing is left unclaimed.

What should a rider do after a crash in Montana?

Get checked by a doctor even if you walked away, because internal injuries and concussions can be delayed. Then protect the evidence.

1. Keep the bike, helmet and riding gear as they are. They show impact points and forces.
2. Photograph the scene, road surface and any gravel or debris.
3. Get contact details from other riders in your group, who are often the best witnesses.
4. Report the crash and request the report number.
5. Talk with our team before speaking with the driver's insurer.

You generally have three years to file suit in Montana. Learn more on our motorcycle accidents practice page and our Montana injury law overview. Riders with brain or spinal injuries can also see our page on catastrophic injuries. If a semi was involved, our Montana truck accident page explains the added steps.