If you’re a Kalispell area resident and have been injured in a motorcycle accident that wasn’t your fault, understanding your legal rights to seek compensation is important. You may wonder how to file a claim to get the money you need for medical expenses and other accident-related losses. This is where consulting a knowledgeable Kalispell motorcycle accident attorney helps.
Motorcycle accidents often result in serious injuries, which can lead to expensive medical bills, loss of income, and enduring pain and suffering. Handling the legal aspects of your motorcycle accident cases can be overwhelming, especially while you’re still trying to recover. Don’t let a barrage of paperwork and phone calls keep you from getting the money you need. You can contact a Kalispell motorcycle accident attorney at Travis, Moore & Brann PLLP today to get a free consultation about legal options for your case.
Whether you are just beginning to gather information or ready to take legal action, Travis, Moore & Brann PLLP has compiled this quick guide to offer you the insights you need to proceed confidently. Contact us online or today at (406) 752-7550 for a free consultation about how we can help you with your motorcycle accident claim.
Types of Motorcycle Accidents
Unfortunately, motorcycle accidents happen constantly in Montana and can occur in various circumstances. The most common types of motorcycle accidents include:
- Left-turn collisions: A vehicle turning left at an intersection or into an entrance may collide with you as your motorcycle goes straight through the intersection.
- Lane splitting incidents: Since 2021, lane splitting has been legal in Montana. Even so, the practice can lead to accidents if caution isn’t used while riding or other drivers are unaware of your presence.
- Accidents due to road hazards: Road hazards like potholes, uneven road surfaces, and debris are bad for any driver but are particularly dangerous for motorcyclists since they are not as well protected as motorists inside their vehicles. This is yet one more reason to follow traffic laws and drive defensively.
Understanding the Claims Process
Here’s how the claims process should go, step by step:
Contact Law Enforcement
First things first—call local law enforcement. Once officers arrive at the scene of your accident, they will create an official record of the scene and what they believe transpired. The police report is crucial as it provides an objective account of the accident, which is invaluable when filing your claim.
Seek Medical Attention
See a healthcare provider immediately, even if you feel fine. Some serious injuries might not produce symptoms right away. When you see a doctor, you’re getting the care you need for your health and creating documentation that links your injuries to the accident.
Gather Evidence
While you’re at the scene, if you can, take pictures and video of the accident site, your injuries, and any damage to your motorcycle and other vehicles involved. Also, get the contact information of any witnesses. This information can support your account of the incident, helping to establish the other party’s liability.
Notify Your Insurance Company
Inform your insurance company about the accident immediately. Stick to the facts and don’t admit to any fault for the crash.
Consult a Motorcycle Accident Lawyer
Talking to a lawyer specializing in motorcycle accidents in the Kalispell area can be a game-changer. They can guide you through the next steps in the claims/lawsuit process, represent your interests, and communicate with insurance adjusters on your behalf.
Dealing with Insurance Adjusters
Your attorney will handle negotiations with the insurance company. Adjusters are skilled at protecting their company’s bottom line, but your lawyer will advocate for your best interests, negotiating for a fair settlement.
Filing a Lawsuit
If you can’t reach a satisfactory settlement, your lawyer might recommend filing a lawsuit. This step takes your claim into the legal system, where your attorney will present your case to obtain the compensation you deserve through a court judgment.
How Long Do I Have?
In Montana, the time limit (dictated by the statute of limitations) for filing a lawsuit after being injured in a motorcycle or accident is generally three years. If this period passes and you haven’t filed a lawsuit, you typically lose the right to pursue compensation from the at-fault party in court.
However, there are exceptions to this rule, which can extend the filing deadline:
- Minors: If the person injured in the motorcycle accident is under 18, the statute of limitations begins once they reach the age of majority. For example, if a 16-year-old suffers injuries in your accident, they could have until their 21st birthday to file a claim (three years after turning 18).
- Legal disability: The clock also stops running if the injured party is mentally or physically incapacitated. So, if someone is in a coma following an accident, the clock on the statute of limitations will likely pause until they recover sufficiently to pursue a claim. However, if the disability results from mental illness, the extension cannot be longer than five years.
- Absence of the Defendant: If the person at fault leaves the state of Montana after the accident but before you can file a lawsuit, the period of their absence typically does not count against your three-year limit.
These exceptions aim to ensure that you have a fair opportunity to seek justice, even if circumstances prevent you from filing immediately. Be sure to talk with a qualified attorney to understand how these rules apply to your individual situation and ensure your legal representation and that you act within the full legal process and timelines.
The Importance of Hiring a Professional Attorney
A motorcycle accident attorney can simplify legal jargon and advise you about how Montana’s laws apply to the parties involved in your case, including the state’s comparative negligence law. This law can significantly influence the compensation you receive depending on your level of fault in the accident. Here are two hypothetical scenarios to illustrate how Montana’s comparative negligence law might apply.
Scenario 1: The Partially Blocked Stop Sign
Imagine riding your motorcycle and approaching an intersection where foliage obscures the stop sign. You don’t come to a complete stop and collide with a speeding car. Your total losses from the car accident, including medical bills, lost wages, and bike repairs, amount to $100,000.
In the lawsuit, the court finds that you were 30% at fault for not stopping at the stop sign, and the car driver was 70% at fault for speeding. Under Montana’s modified comparative negligence rule, your compensation would shrink in proportion to your percentage of fault. So, instead of the total $100,000 of losses you incurred, you would receive $70,000 (100% – 30% (your share of fault) = 70% of total damages).
Scenario 2: The Sudden Lane Change
Consider a situation where you’re riding your motorcycle safely within the speed limit on a highway. A car suddenly changes lanes without signaling and hits you, causing you to crash and suffer injuries and damage to your motorcycle. Your losses total $50,000. If the case goes to court and a jury determines that you were 10% at fault because you were riding in the car’s blind spot, the other driver would be 90% at fault. In this case, you could receive $45,000 (100% – 10% (your share of fault) = 90% of total damages).
If you were more than 50% at fault for the accident, under Montana’s comparative negligence law, you would be prevented from receiving any compensation.
Dealing with Insurance Companies
Dealing with insurance companies can be a daunting task. Insurance adjusters often try to settle claims quickly and for as little as possible. A Kalispell motorcycle accident attorney will handle all negotiations to prevent you from accepting an insufficient settlement amount. Your motorcycle accident lawyer will protect your rights and make sure that the insurance company doesn’t undervalue your claim.
Compensation in a Motorcycle Accident Claim
Compensation in motorcycle accident claims can cover various aspects of your loss, such as
- Medical expenses
- Lost wages
- Pain and suffering
If your injuries are severe, you might also qualify for compensation for future medical care, loss of earning capacity, and emotional distress. Understanding these types of compensation and how they apply to your case requires a thorough analysis by a legal professional. Our Kalispell motorcycle accident attorney can help you calculate and claim compensation for your injuries and losses.
Legal Nuances
Several legal nuances can influence the outcome of your case. For example, although Montana only requires helmets for riders under 18, not wearing a helmet could affect the assessment of your damages, especially if other parties besides you sustained head injuries.
Emotional and Psychological Impact
Don’t underestimate the emotional and psychological impact of a motorcycle accident or injury. You may experience a range of emotions, from shock and anger to profound sadness or depression. Part of your compensation might include therapy and counseling costs, which a knowledgeable attorney can help you claim.
Let Travis, Moore & Brann PLLP Evaluate Your Unique Case for Free
Being injured while riding your motorcycle in a crash, you didn’t cause can dramatically alter your life, and you don’t have to handle the aftermath of traumatic brain injuries alone. The Kalispell motorcycle accident attorneys of Travis, Moore & Brann PLLP will stand by your side, offering the legal representation and emotional support you deserve. With our track record, we can build a robust case to pursue the full value of your case.
To learn more about how our law firm can help you get justice, don’t hesitate to reach out to us either online or by calling (406) 752-7550 today. Schedule your initial consultation and free case evaluation now. Call us and let’s talk more about how a Kalispell motorcycle accident lawyer can help.
