Facing the aftermath of a car accident can be overwhelming when you’re dealing with pain and suffering, financial uncertainty, and questions about what comes next. That’s why lawyers say you should never do so alone. The entire team of Kalispell car accident lawyers at Travis, Moore & Brann PLLP understand your challenges, and we’re here to guide you through seeking the compensation you deserve. Contact us today to learn how we can help you recover your medical expenses and other losses.
Common Causes of Car Accidents
Montana’s breathtaking landscapes and winding roads provide a scenic backdrop for drivers and present unique challenges. Our state’s diverse terrain requires vigilance and caution behind the wheel. Sometimes, drivers fail in their responsibility to prevent harm or personal injury to others and cause car accidents. Among the more common causes of severe injuries from car accidents in Kalispell, Montana, are:
- Speeding – Excessive speed remains a leading cause of accidents on highways and urban streets, reducing reaction times and increasing the risk of collisions.
- Distracted Driving – Whether texting, talking on the phone, or adjusting the radio, distractions behind the wheel divert attention from the road and lead to accidents.
- Impaired Driving – Driving while under the influence of alcohol or drugs is a consistent problem nationwide, as it impairs judgment and coordination and increases the likelihood of accidents.
- Wildlife Collisions – Kalispell’s closeness to Glacier National Park and its abundant wildlife presents a heightened risk of collisions with animals. This includes animals such as deer and elk. These collisions often occur around dawn and dusk, when visibility is low, posing a significant danger to drivers.
- Weather Conditions – The area around Kalispell experiences harsh winter weather conditions, such as heavy snowfall and icy roads. These conditions make driving hazardous, reducing traction and visibility and increasing the likelihood of accidents, especially on mountainous routes.
- Fatigued Driving — Driver fatigue is a common issue, especially during the long trips many drivers visiting our area have undertaken. It impairs alertness and reaction times and raises the chances of an accident.
- Failure to Yield – Ignoring traffic signals, stop signs, and right-of-way rules can lead to collisions at intersections and highway junctions, contributing to accidents throughout the area.
Understanding these common causes of car accidents and taking steps to mitigate risk can help create safer roads for everyone.
Proving Fault
In Montana, car insurance operates on a fault-based system. This legal system means the insurer of the driver responsible for causing an accident is typically liable for compensating car accident victims for their resulting medical treatment and expenses, property damage, and other losses suffered. However, proving fault can be complex and requires a thorough investigation into the crash victim’s circumstances.
When pursuing a car accident claim in court, determining how the crash happened, who was responsible, and to what extent is vital to getting the financial justice you deserve. At Travis, Moore & Brann PLLP, before anything else, we collect vital information, including:
Police Reports
We obtain copies of the official law enforcement report filed at the time of the accident. These often contain valuable information about the circumstances of the crash and any citations issued, as well as the responding officer’s assessment of who was at fault.
Witness Statements
Eyewitness testimony can provide crucial evidence about how the accident happened and who caused it. We interview witnesses to gather their accounts of the events leading to the collision.
Visual Evidence
Photographs and video of the accident scene, vehicle damage, and any visible injuries to you or your passengers can be decisive evidence in demonstrating liability.
Expert Testimony
In more complex cases, we may enlist the help of accident reconstruction specialists or medical experts to provide professional opinions on the cause of the crash and the extent of your injuries.
Once we’ve determined who was at fault, we focus on demonstrating the at-fault party’s or driver’s negligence, which is the critical factor in personal injury claims. All Montana drivers have a duty to others on the road to operate their vehicles safely and responsibly. Suppose the other injured driver breached that duty through their careless action or inaction and caused the accident that injured the victim. In that case, they are liable for compensating you for your losses. This includes speeding, driving recklessly, driving while distracted, or driving while impaired or intoxicated.
Available Compensation in a Montana Car Accident Claim
A car accident can disrupt every area of your life, from your health and employment to your finances and ability to participate in the activities you love. When someone else’s negligence leads to an accident and injures you, you deserve compensation for the various losses that may be considerable. A Kalispell car accident lawyer at Travis, Moore & Brann PLLP can help you pursue compensation for your injuries and losses, such as:
- Current and anticipated future medical expenses
- Lost income and loss of future earning potential
- Physical and emotional pain and suffering
- Loss of enjoyment and quality of life
- Property damage
The amount of compensation or money you may be able to recover depends on the amount of medical expenses you incur, the severity of your injuries, their likely long-term effects on your life, and your prospects for making a physical recovery. Your Kalispell car accident lawyer will review your medical bills, pay stubs, and other documentation to determine an amount of money that will fully compensate you for your losses. Car accident survivors with catastrophic injuries like spinal cord injuries and traumatic brain injuries typically receive much larger settlements or verdicts than those with relatively minor injuries.
Another factor that can complicate a car accident claim is whether you shared any responsibility for the collision. Montana law follows a modified comparative negligence standard that allows drivers who share a percentage of fault to recover compensation if their share is less than all other at-fault parties combined. This means that if you were 20 percent responsible for the severe car accident caused, you can still recover compensation. However, your award will be reduced by 20 percent. You will be barred from financial recovery if you were more than 50 percent at fault.
How an Experienced Car Accident Lawyer Can Help
Understanding what to do after a car accident can become confusing and stressful. When you trust Travis, Moore & Brann PLLP with your car accident claim, our law firm handles every element of the insurance claim and legal processes. This allows you to focus on what matters most – your physical recovery. While you attend follow-up doctor appointments, go through physical therapy or rehab, and work toward restoring your life, we will begin gathering evidence and investigating the details of the accident to identify all liable parties.
Once we’ve determined who was responsible for your injuries and a fair amount of compensation to pursue on your behalf, we’ll file claims with insurers. We will also enter into negotiations for maximum compensation. Insurance companies are out to make a profit – not to pay car accident victims what they deserve. For this reason, we will handle all communications with insurers to protect your right to compensation and ensure you aren’t pushed into accepting a settlement that’s far less than you deserve.
Most car accident claims reach a settlement through mediations and negotiations between the attorneys for the at-fault driver and the injured party. However, in some cases, insurers refuse to offer the victim a fair settlement. In these situations, Travis, Moore & Brann PLLP is always prepared to file a lawsuit and take your case to court. Our team of experienced trial attorneys are skilled advocates who will argue your case persuasively before the court and fight for the total compensation, justice, and accountability you deserve.
Deadline to File a Car Accident Lawsuit in Montana
In Montana, you typically have just three years from the accident date to file a personal injury lawsuit seeking compensation from the at-fault driver. The same deadline applies to wrongful death lawsuits resulting from car accidents. Because some circumstances can shorten or extend the deadline for filing, hire a car accident attorney as soon as possible after a collision to preserve your right to recover compensation.
While three years may seem like a long time, the legal process of building a solid case is complex and time-consuming. Additionally, because some physical evidence may deteriorate or become inaccessible only shortly after a wreck, you must contact a Kalispell car accident lawyer immediately to ensure its preservation. Physical evidence and eyewitness accounts – which become less reliable as memories fade – are key evidence in your case. Our team of Kalispell car accident lawyers can use this evidence productively if you initiate legal proceedings immediately.
Contact a Kalispell Car Accident Attorney Today
Travis, Moore & Brann PLLP is a proud Montana personal injury law firm committed to providing our clients with the aggressive legal support they deserve. We know Montana’s laws and have substantial experience in the local court systems. We also have strong community and family connections within Kalispell that enable us to strengthen the work we do for clients and injured parties.
At Travis, Moore & Brann PLLP, our attorneys believe every car accident survivor deserves compassionate and zealous legal representation. From the initial free consultation and case evaluation to the resolution of your personal injury case, our experienced legal team will stand by your side for a considerable legal fee. Our legal professionals will fight tirelessly to secure the compensation you need to rebuild your life after an accident. Contact us online or by calling (406) 752-7550 to learn more about the personal injury claim process and how we can help.
