Cyclists face an unfair disadvantage on the road. They are vulnerable to careless drivers even when they follow every rule. If you have been injured in a bike crash, proving that the driver who hit you was negligent is one of the most important steps toward recovering compensation for your injuries and losses. Here is what that process looks like and how to protect your rights.
Bicycle Safety Laws in Montana
Montana has specific bicycle safety laws designed to protect cyclists. For example, drivers must leave a safe distance when passing bikes and must yield the right-of-way when appropriate. If a driver violates these rules, it can strengthen your negligence claim.
What Is Negligence in Bicycle Accidents?
Negligence in bicycle accidents happens when a driver fails to act with reasonable care and harms a cyclist. That might mean speeding through a crosswalk, texting while driving, or ignoring traffic signs. In Montana, drivers owe a duty of care to cyclists, just as to other motorists. They can be held legally and financially responsible when they break that duty.
Common Negligent Driver Actions
Drivers often cause accidents without even realizing it. Everyday negligent actions include failing to yield to cyclists at intersections, opening car doors into bike lanes (dooring), turning without checking for cyclists, speeding or running red lights, driving under the influence, and engaging in distracted driving, such as texting or eating. Each of these behaviors constitutes a breach of duty, making the driver liable under Montana law.
Comparative Negligence in Cycling Accidents
Montana follows a modified comparative negligence law, which dictates that your compensation may be reduced if you were partially at fault for the crash. You can still recover compensation if you are less than 51% responsible. However, this shouldn’t discourage you, as the driver’s actions remain central to your case, and a skilled attorney can help present the full picture.
Key Elements to Prove Driver Negligence
To hold a driver accountable, you will need to prove these four elements:
- Duty of Care– The driver was legally obligated to drive safely and obey traffic laws.
- Breach of Duty – The driver failed to meet that obligation—whether by speeding, failing to yield, or engaging in distracted driving.
- Causation – Their careless actions directly caused your accident.
- Damages – You suffered injuries or financial losses because of the crash.
Without each of these pieces, the claim can fall apart. That is why evidence matters so much.
Gathering Evidence for Bike Accidents
Strong evidence can make or break a bike accident case. Photos, videos, police reports, and witness statements all help back up your side of the story. If the driver was texting or driving recklessly, that info matters, too. Medical records show how badly you were hurt, and expert opinions can help if there’s a fight over who’s at fault. It also helps to track your
Experience. Write down your pain levels, the time you missed from work, and how the injuries affect your everyday life. All of it adds up.
Compensation in Bicycle Accident Cases
If your claim is successful, you may be able to recover compensation for medical bills and ongoing treatment, lost wages or reduced earning capacity, pain and suffering, property damage, and emotional distress. Every case is different, and a strong legal strategy will consider both your current needs and what you may need in the future for your recovery.
Filing a Bicycle Accident Lawsuit
If settlement talks hit a wall or the insurance company won’t offer a fair amount of compensation, filing a bicycle accident lawsuit might be the next step. Your lawyer can pull records, question the driver under oath, and make your case in front of a judge or jury. But there are deadlines to observe. Montana’s statute of limitations for personal injury cases allows only three years to file a lawsuit against the at-fault party in most cases, so don’t wait too long to get started.
Legal Help for Bicycle Accident Victims
Getting hit while riding your bike is more than just a single, momentary incident—it can leave you dealing with serious injuries, medical bills, and time away from work or your family. And when the driver was clearly at fault, it’s frustrating to feel like you have to fight just to be taken seriously.
At Travis & Brann, PLLP, we’ve worked with cyclists who’ve been in your shoes. We know how to gather the right evidence, deal with pushy insurance companies, and build a case that reflects what you’ve been through. If you’re ready to talk it through, contact us online or call (406) 752-7550. Our Kalispell bicycle accident lawyers are here to help you move forward.
