A Montana Car Accident Lawyer - The Advocates (2023)

If you or a loved one has been injured in a car crash in Montana, you may be feeling stressed, confused, and alone. An Advocate can help you recover.

A Montana Car Accident Lawyer - The Advocates (1)

A Car Accident Lawyer Can Help Your Case

After a car accident, it is normal to feel overwhelmed, upset, and worried about your future. Injuries, property damage, and the inability to work can make life feel uncertain.

The personal injury attorneys at The Advocates have been representing car accident victims for nearly three decades, and we're ready to help you, too. We are committed to assisting you in your physical, emotional, and financial recovery.

If you need a competent and caring attorney for your personal injury claim, contact The Advocates Law Firm today for a free consultation.

The Next Steps In Your Case


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Immediately after the accident, check for injuries

hire a lawyer

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Contact The Advocates as soon as possible to start the road to recovery


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Seek medical attention as soon as you can.

property damage

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Assess and repair property damage


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Your lawyer will send a claim letter to the other party

Frequently Asked Questions

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. Your attorney will build your case, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own.

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability.

The Advocates work on contingency only. Our legal fees are calculated as a percentage of your settlement and are only collected after your case is completed. This means that you only pay us if we win your case and you collect compensation. That’s The Advocates Guarantee.

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more.

In general, personal injury cases can take anywhere from several months to a few years. It’s important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action.

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin.

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator.

We Get Results

$500 Million

In Settlements

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A team of professionals in traffic accidents assigned to your case

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive the compensation and care they deserve after their accidents, and we're prepared to do the same for you.

We can help you:

  • Understand the claim process
  • investigate your accident
  • build your case
  • Negotiate with insurance adjusters

Talking to a Proffessional

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    A Montana Car Accident Lawyer - The Advocates (13)

    I was in an accident 3 years ago and had a very bad experience with the lawyer back then. I was in another accident last year and called The Advocates. Mark and his team were amazing, they changed my mind about accident attorneys, kept in touch with me every step of the way, and empowered me to choose for myself. They did not force me to accept what they said, I could go against it and they would still have worked with me in the same way. This time she had options, she would always go with Mark. I have even sent several friends to him, because I appreciate all the help and support throughout the process.
    My experience with The Advocates was very good. After being hit by a car on my motorcycle, they helped me settle with the insurance company to pay the hospital bills. They were extremely helpful and kind. They always answered my questions on the same day or the next day. Every email I sent was always answered. If you unfortunately have to suffer an injury at the hands of someone else, I would recommend The Advocates to help you resolve any debt you owe due to that injury. They were great to work with and they helped me put this unfortunate event behind me.
    Steve and his team at The Advocates were amazing. They took my case after I was rear-ended resulting in neck surgery. Steve and company made sure everything was taken care of and that I got the maximum compensation possible. I definitely recommend The Advocates.
    Mr. Brad Johnson our attorney was amazing! He was very informative, he kept us up to date on my case with periodic calls. He returned our calls in 24 hours or less. Brad Johnson is very courteous, honest, friendly and a pleasure to talk and work with. There are very few lawyers out there who could even come close to the high morals that Brad Johnson has and has shown towards us. We need more lawyers like Brad Johnson. If we ever need a disability lawyer again in the future, it will be Brad Johnson and The Advocates law firm where he works. We will definitely be telling ALL of our family and friends of attorney Brand Johnson and the firm in a heartbeat!
    First I want to say that I am truly thankful for The Advocates law firm, they have provided me with great service through this ordeal and Katie, she is a tremendous attorney, someone I would highly recommend who fights tooth and nail for her clients and the The rest of the team was very supportive, with that being said I would like to say that anyone trying to find a lawyer to fight their case, The Advocates are the way to go.

    Montana Traffic Accident Statistics

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    Where are traffic accidents most likely to occur?

    • The counties with the highest number of fatalities are Missoula, Yellowstone and Flathead.
    • I-90 through Missoula and the junction of I-90 and I-94 in Billings experience a high number of traffic accidents each year.
    • Flathead and Gallatin counties have the highest annual percentage of drunk driving accidents.
    • Rural and urban areas record approximately the same number of accidents per year. However, rural accidents are much more likely to be fatal than urban ones.

    Statistics of traffic accidents in the state of Montana

    • Statewide, there are more than 40,000 traffic accidents a year.
    • About 72% of accidents involve male drivers, compared to 55% of female drivers.
    • Speeding is a factor in 15-17% of all car accidents each year and more than 30% of fatal accidents involve one or more speeding vehicles.
    • Distracted driving contributes to more than 30% of all car accidents in Montana each year.
    • More than 25% of traffic accidents occur at night.
    • Around 30% of traffic accidents occur on weekends, specifically in the 48 hours between Friday noon and Sunday noon
    • Most fatal and serious injury crashes are single-vehicle runs off the road
    • Drivers without seat belts only account for between 5% and 7% of traffic accidents per year, but are responsible for more than 50% of deaths and 30% of serious injuries in traffic accidents

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    A Montana Car Accident Lawyer - The Advocates (16)

    Common causes of traffic accidents

    • Distracted Driving: Drivers are much more dangerous and unpredictable when texting or talking on the phone.
    • Driving under the influence of alcohol: Traffic accidents are much more likely when one or more drivers are under the influence of alcohol.
    • Adverse Weather Conditions: Montana is prone to snowy and icy conditions that can lead to accidents.
    • Failing to Yield: If drivers are unfamiliar with area traffic laws, they may enter intersections when it is unsafe to do so, endangering those around them.
    • Illegal Passing: Illegal passing on two-lane highways can lead to head-on collisions, often causing devastating injuries.

    Common injuries in traffic accidents

    Depending on the nature of your accident, car accident injuries can range from minor to life-threatening. Some common vehicle collision injuries include:

    • traumatic brain injuries
    • spinal cord injuries
    • bone fractures
    • whiplash
    • lacerations and bruises

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    Montana Traffic Laws

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    What is the maximum speed limit in Montana?

    In most cases, the speed limit on the interstate highway in Montana is 80 miles per hour. Heavy trucks have a maximum speed limit of 70 miles per hour. On two-lane highways, passenger vehicles have a maximum speed of 70 miles per hour during the day and 65 miles per hour at night.

    The penalty for breaking the speed limit can range from $40 to a $200 fine. In some areas, such as construction sites, the fines are doubled. For speeding in a school zone, a person can be convicted of a misdemeanor, in addition to having to pay a fine.

    What is considered “distracted driving” in Montana?

    According to the Montana Department of Transportation, distracted driving is classified as any non-driving activity that has the potential to distract a driver from the primary task of driving and increase the risk of a collision. This includes, but is not limited to:

    • Mobile phone use
    • Comer
    • Smoke
    • Adjust the music
    • look at maps

    The state of Montana is currently the only state in the country that does not have state distracted driving laws of some kind. However, many cities have enacted their own laws regarding mobile phone use while driving, including Helena, Missoula, Billings, Bozeman, and others.

    The state itself has introduced several measures to ban texting and driving statewide in recent years, but has yet to get any passed.

    A Montana Car Accident Lawyer - The Advocates (19)

    A Montana Car Accident Lawyer - The Advocates (20)

    What is considered “drink driving” under Montana law?

    No one can drive under the influence of drugs or alcohol. “Drugs” includes prescription drugs, marijuana (even as a registered owner), or illicit drugs.

    In Montana, the legal limit for blood alcohol concentration is 0.08. For commercial drivers, the limit is 0.04. For commercial drivers, the limit is 0.04. However, there are times when an individual can be charged with driving while intoxicated, even if their BAC is below the legal limit.

    If there is sufficient evidence that a driver has been drinking or using drugs, even if their BAC is below the legal limit, they can be charged.

    Penalties for drunk driving in Montana are severe

    For a first offense, a driver must:

    • Serve a prison sentence of 24 hours to 6 months
    • Pay a fine of 600-2000 dollars
    • Be evaluated by a licensed addiction counselor
    • Participate in a chemical dependency education course
    • Have your driving license suspended for 6 months

    For the second and third offenses, the penalties increase:

    • 7 days-1 year in jail
    • $1,200-$5,000 fine
    • Ignition interlock device installed in the car
    • Mandatory chemical dependency treatment
    • Driving license suspension for 1 year

    The penalties are further increased if a passenger was in the car at the time of the DUI.

    In the case of a drunk driving accident, the drunk driver will usually be found at fault. If you have been in a car accident with a drunk driver, contact The Advocates to get started on the road to recovery.

    What responsibilities do drivers have after an accident?

    Any driver who knows or reasonably should have known that he or she has been involved in an accident with a person, object or other vehicle must stop as close to the accident scene as is safe. The driver has an obligation to ensure that the injured receive help from a medical professional and to exchange information with the other driver. Failure to do so is considered a hit and run.

    If you have been in a traffic accident, be sure to do the following:

    • Move your car out of traffic (if possible)
    • Check for injuries
    • File a police report
    • Exchange contact and insurance information with the other party.
    • Seek medical attention, even if you don't think you're hurt.
    • Submit a car accident claim to your own auto insurance
    • Consider Contacting a Car Accident Lawyer

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    A Montana Car Accident Lawyer - The Advocates (22)

    What is the statute of limitations for traffic accidents?

    In any personal injury case, the plaintiff only has so much time to file their claim. Once that term has elapsed, he loses his right of action. This is known as a prescription.

    In Montana, the statute of limitations for car accident cases is 3 years. However, it is a good idea to file your claim well before that. Personal injury cases can take a long time to settle, so it's a good idea to give yourself as much time as possible before the statute of limitations runs out. As soon as you think you may have a case, contact a personal injury attorney so you can get started on your claim.

    When Should I Hire a Car Accident Attorney?

    If you were injured in a car accident, you will need to prove that the other driver was at fault in order to receive any damages.Montanais acomparative negligencestate, meaning that you must be found less responsible for the accident than the other driver(s) in order to receive a settlement. Your claim will be reduced depending on how much responsibility you are found to have had in causing the accident.

    Insurance companiescan be ruthless and will do whatever they can to prove you had some responsibility in the accident. Fighting insurance providers on your own can be stressful, upsetting, and disruptive to your recovery.

    The Advocates’auto accident lawyershave years of experience negotiating with insurance providers and fighting for our clients’ right tofair compensationunder the law. We are ready to provide you with fiercelegal representationand thoughtful, compassionate care throughout your entire recovery.

    We are here to help every step of the way– our number one priority is your peace of mind. The Advocates will be by your side from the day you contact us to the day you receive your settlement check. Contact us today for afree case evaluation. You deserve a worry-free recovery. You deserve an Advocate.

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