The identity of the person who is responsible for causing an accident isn’t always clear. In many cases, more than one person may contribute to what happened, which makes sorting out compensation more complicated. Montana has a modified comparative negligence law, which means that the amount you can recover in a personal injury case depends on how much blame you share for the accident.
Knowing how these laws work can help you understand your rights and what to expect if you’re injured in Kalispell and consider a claim.
What Is Comparative Negligence?
Montana’s modified comparative negligence system includes a 51% bar. Under this law, you can recover compensation if you are 50% or less at fault. However, your compensation will be reduced in proportion to your percentage of fault. You cannot collect any money if you are 51% or more responsible.
For example, if you were awarded $100,000 in damages but found to be 30% at fault, your compensation would be reduced to $70,000. On the other hand, if you were found to be 51% at fault, you would not be allowed to collect any compensation at all.
Types of Comparative Negligence
There are two primary types of comparative negligence used across the U.S., and Montana follows the modified version:
- Pure Comparative Negligence: Some states allow injured parties to recover damages no matter how high their percentage of fault—even if they were 99% responsible. Their payout would be reduced in proportion to their fault.
- Modified Comparative Negligence: Montana follows this model with a 51% threshold. You cannot collect damages if you’re 51% or more responsible. If you’re 50% or less responsible, you can still recover compensation, but your compensation will be reduced.
This distinction is important because some people mistakenly believe they can still get compensation if they are primarily responsible for an accident. That’s not the case in Montana.
Impact of Comparative Negligence on Compensation
In Montana, how fault is divided can seriously affect your case. Here’s how it works:
- Shared Fault in Accidents: If both people are partly responsible, the amount they get (or owe) is adjusted based on their share of the blame. If you’re only a little at fault, you can still get a decent settlement.
- Contributory vs. Comparative Negligence: Some states have a harsh rule where even being found to be 1% at fault means you get nothing. Montana’s system is more flexible but still has limits.
- How Fault Affects Your Case: Insurance companies take full advantage of comparative negligence laws because they help to reduce the amount the insurer must pay out. They use police reports, witness statements, and accident reconstructions to argue their side. They will often try to make you seem more responsible than you actually are so they can pay you less.
Multi-Party Accidents and Fault Allocation
When multiple parties share fault in an accident, the court assigns each a percentage of liability, adjusting compensation accordingly. In a multi-vehicle crash, for example, one driver may be 40% responsible, another 30%, and another, the remaining 30%. The percentages affect how much each can claim or pay. The same applies to slip-and-fall cases. If a store fails to clean a spill but the injured person is partially at fault, their compensation is reduced based on their share of responsibility.
How Negligence Affects Compensation in Montana
Montana’s state-specific negligence laws impact how fault affects compensation. Additionally, insurance companies often try to shift more blame onto victims to minimize payouts. They may deny your claim entirely if they argue you were more than 50% responsible. However, an experienced attorney can challenge this. They’ll use evidence like accident reports, expert testimony, and witness statements to protect your right to compensation.
What to Do If You’re in an Accident
If you’ve been in an accident where you think you share fault with someone else and comparative negligence laws may apply, get help. Gather evidence like photos, witness contacts, and police reports, and avoid admitting fault. Even a simple apology can be used against you. Consult a Kalispell personal injury attorney. Your lawyer can challenge unfair fault allocations and work to maximize your compensation, You’ll also need to be cautious when speaking with insurers, as they often try to shift blame to reduce payouts. Taking these steps can protect your rights and prevent you from being unfairly assigned more blame than you deserve.
Get Legal Help with Your Case Today
If you’ve been hurt in an accident and aren’t sure what to do next, a Montana personal injury lawyer can help. Travis & Brann, PLLP knows how to handle cases where fault is shared and can fight to get you the compensation you deserve. Call us at (406) 752-7550 or visit us online to see how we can help.
