means that with one simple phone call the firm brings to bear expertise of over 80 caring legal professionals. Since its beginnings, more than 25,000 individuals have been served. Top law firms each have a different cultures but our focus has always been and will always continue to be completely on our clients.

2120 S. Reserve,
Missoula, MT 59801

Serious accidents and their resulting damages can permanently alter your life. If you or a loved one has been injured in Montana in an accident you didn’t cause, you deserve fair and full compensation for what you’ve suffered. An experienced Montana personal injury lawyer from Craig Swapp & Associates is ready to help.

Personal Injury and Liability Laws in Montana

Montana’s natural beauty often hides the complex realities faced by its residents when accidents happen. From car and motorcycle crashes to slips and falls, the state’s laws provide ways for injured individuals to seek compensation.

This overview covers the key areas of personal injury law in Montana, including accidents involving vehicles, construction sites, defective products, and more. It explains how Montana law approaches fault in accidents, the importance of insurance, and the challenges of proving negligence or liability in different scenarios.

Car Accident

In Montana, when a car accident occurs, the process of determining fault is critical due to the state’s modified comparative negligence rule. This rule allows for a person to recover damages if they are found to be 50% or less at fault for the accident. However, their recovery is reduced by their percentage of fault. For instance, if a driver distracted by their phone rear-ends another vehicle, they may be deemed primarily at fault.

However, if the vehicle in front had non-functioning brake lights, the driver of that vehicle could also bear some responsibility. In such cases, the allocation of fault directly affects the compensation each party can receive. Montana law requires drivers to carry liability insurance, but disputes often arise over insurance companies’ assessments of fault and the amount of compensation due. Legal representation can be crucial in negotiating fair settlements or pursuing litigation when necessary.

Motorcycle Accident

Motorcyclists in Montana face unique challenges on the road, not only due to the physical vulnerabilities associated with riding but also from legal and insurance perspectives. When a motorcyclist is injured in an accident caused by another motorist’s failure to see them, the case for compensation can hinge on detailed accident reconstruction and witness statements. The lack of a universal helmet law for adults in Montana further complicates these cases, especially regarding the assessment of injuries and potential recovery amounts.

Despite these complexities, injured motorcyclists can seek compensation for a wide range of damages, including medical expenses, lost wages, and pain and suffering. Proving negligence on the part of the other driver remains the cornerstone of such claims, requiring comprehensive evidence collection and legal analysis.

Truck Accident

Truck accidents in Montana often involve serious injuries and complex legal challenges due to the size of commercial trucks and the regulatory environment governing them. Victims of truck accidents may find themselves up against large trucking companies with extensive legal resources. For example, if a truck driver operating beyond the federally mandated hours of service causes an accident, both the driver and their employer could be liable for negligence.

Identifying all potentially liable parties—including trucking companies, cargo loaders, and vehicle manufacturers—is a critical step in pursuing fair compensation. These cases may involve violations of state and federal regulations, making the legal landscape particularly complex. Victims must navigate a maze of legal and regulatory requirements to prove negligence and secure the compensation they deserve.

Personal Injury

Personal injury law in Montana encompasses a wide variety of incidents, from slips and falls to catastrophic injuries. Each case hinges on the ability to prove that another’s negligence or intentional act caused harm. For instance, if an individual suffers a severe injury due to a poorly maintained public facility, they must demonstrate that the entity responsible for the facility’s upkeep failed to ensure its safety. This involves showing that the responsible party knew or should have known about the hazard and did nothing to mitigate it.

The process of claiming compensation includes documenting injuries, gathering evidence, and often, engaging in negotiations with insurance companies or responsible entities. Victims may be entitled to a broad spectrum of damages, including but not limited to, medical costs, lost earnings, and compensation for emotional distress.

Construction Accident

Construction sites are inherently dangerous, and accidents can occur despite safety regulations and precautions. In Montana, construction workers injured on the job typically first seek recourse through workers’ compensation, which provides benefits regardless of fault. However, if a third party’s negligence—such as a subcontractor not following safety protocols or a manufacturer providing faulty equipment—contributed to the accident, the injured worker might pursue additional damages through a personal injury lawsuit.

These cases require a thorough investigation into the accident’s circumstances, identification of all liable parties, and a detailed accounting of the worker’s injuries and financial losses. Legal challenges include navigating the intersection of workers’ compensation law and personal injury law, requiring specialized legal expertise.

Defective Product

Montana’s approach to defective product claims centers on holding manufacturers and sellers accountable for injuries caused by unsafe products. This includes items that are defectively designed, manufactured, or fail to include adequate instructions or warnings. For example, if a consumer in Montana is injured by a kitchen appliance that overheats due to a manufacturing defect, they can pursue a product liability claim without having to prove the manufacturer was negligent.

The challenge in these cases lies in proving the product was defective and directly caused the injury. This often requires expert analysis and testing, making the legal process complex and technically demanding. Victims can seek compensation for a range of damages, including medical expenses, lost income, and pain and suffering, but must navigate the intricate legal standards governing product liability claims.

Dog Bite

In Montana, dog owners are held to a standard of strict liability for injuries their pets cause, regardless of the animal’s previous behavior. This means that if a dog bites someone, the owner is automatically responsible for the victim’s injuries. For instance, if a child is bitten by a neighbor’s dog while playing in the neighbor’s yard, the dog’s owner would be liable for the child’s medical expenses, pain, and suffering, and any long-term effects of the injury.

The law simplifies the process for victims to claim compensation but still requires them to document their injuries and losses comprehensively. Challenges can arise in proving the extent of injuries and negotiating fair compensation, especially in cases of severe or disfiguring injuries.

Medical Malpractice

Medical malpractice claims in Montana arise when healthcare providers fail to meet the standard of care, resulting in harm to a patient. These cases can range from surgical errors to misdiagnoses. For example, if a patient is harmed because a physician fails to diagnose a treatable condition in a timely manner, leading to significant deterioration of the patient’s health, that patient may have grounds for a medical malpractice claim.

Proving malpractice requires demonstrating that the healthcare provider’s actions deviated from what a reasonably competent provider would have done under similar circumstances. This typically necessitates expert testimony from medical professionals in the same field. The complexity of these cases and the requirement for expert evidence make navigating medical malpractice claims in Montana particularly challenging.


Slip-and-fall accidents in Montana fall under premises liability law, which holds property owners responsible for maintaining safe conditions on their property. For example, if a grocery store fails to clean up a spill in an aisle and a customer slips, falls, and sustains injuries, the store may be held liable.

Proving liability involves showing that the property owner knew or should have known about the hazardous condition and failed to take appropriate action to mitigate the risk. Victims must document the scene, gather witness statements, and prove their injuries were directly caused by the fall. The legal process can be complicated by factors such as the victim’s own negligence and the specific circumstances of the accident.

Wrongful Death

Wrongful death claims in Montana provide a legal recourse for families of individuals who have died due to someone else’s negligence or wrongful actions. These claims seek to compensate the deceased’s loved ones for their losses, including lost income, loss of companionship, and funeral expenses.

For instance, if a person dies in a car accident caused by another driver’s drunk driving, the deceased’s family can file a wrongful death lawsuit against the at-fault driver. These cases require proving that the death was directly caused by the negligent or wrongful actions of the defendant, which can involve complex legal and factual analysis.

Product Liability

Product liability in Montana encompasses claims against manufacturers, distributors, and retailers for injuries caused by defective products. These claims can be based on defects in design, manufacturing, or inadequate warnings. An example of a product liability claim might involve a piece of farm equipment that malfunctions due to a design flaw, causing injury to the user.

The challenge in these cases lies in proving the product was defective and that this defect caused the injury. Successful claims require demonstrating that the product was being used as intended at the time of the accident and that no substantial alterations had been made to the product since its purchase. Victims can seek compensation for their injuries, but must navigate the complexities of product liability law to do so.

Negligence in Montana

In Montana, the foundation of personal injury law rests on the concept of negligence, which is defined as the failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

This legal principle allows individuals who have been injured due to another’s negligence to seek compensation for their losses. For instance, in the event of a car accident where one driver blatantly disregards a traffic signal and causes a collision, the injured party has the right to pursue a claim against the negligent driver.

Montana’s legal system employs a “modified comparative negligence” rule, which means that an injured party can recover damages only if they are found to be 49% or less at fault for the accident. The amount of compensation they receive is then reduced by their percentage of fault.

This nuanced approach requires a thorough investigation and analysis to accurately determine fault and liability. Personal injury attorneys play a crucial role in this process, leveraging their expertise to navigate the complexities of Montana law, gather evidence, and build a compelling case on behalf of their clients.

Fair Compensation for Montana Personal Injuries

A serious injury can lead to crushing financial burdens and change your life irrevocably. An experienced Montana personal injury lawyer will fight tirelessly to secure fair compensation that addresses ALL facets of your losses:

  • Medical Costs – Covering past, current, and future treatment for your injuries, including hospitalizations, rehabilitation, medications, and any necessary assistive devices.
  • Accessibility Needs – Expenses for modifying your home or vehicle to accommodate any disability caused by the accident.
  • Lost Income – Compensation for past wages lost due to recovery, as well as potential reductions in future earning capacity.
  • Property Damage – Costs to repair or replace any belongings damaged in the accident.
  • Pain and Suffering – The physical and emotional toll of your injuries deserves to be acknowledged and compensated.

Get in Touch with a Personal Injury Lawyer in Montana

After getting hurt in an accident, healing fully usually takes more than just the first visit to the doctor. People might need lots of treatment, more doctor visits, and maybe even long-term care, which can really add up in terms of medical bills. A good personal injury lawyer in Montana knows this and will work hard to make sure you get money to cover all your medical costs—those you’ve already paid, those you’re dealing with now, and any you might have in the future—through the settlement.

If you or a loved one has been injured due to another party’s negligence, it’s time to get the fair and full compensation you deserve. Get in touch with an experienced Montana personal injury lawyer from Craig Swapp & Associates today by calling 1-866-316-5712 to schedule a free consultation. You can also tell us your story by filling out the online form at the bottom of this page.