It happened without warning…
You were driving through Montana, and then everything changed in a violent crash.
Now you’re living a nightmare of throbbing injuries, mounting medical bills, lost wages, and endless voicemails from an insurance company that seems more interested in their bottom line than your recovery.
The pain is constant, the stress is overwhelming, and the bills keep piling up.
The truth is, insurance adjusters are trained to devalue your claim and pressure you into accepting pennies on the dollar – but you don’t have to let them take advantage of you during this vulnerable time.
Car Accident Lawyer Montana
Bryce Powell – Founder & Attorney at Law
Car Accident Attorneys in Montana
Powell Law Firm is renowned for excellence in personal injury law, having handled numerous motor vehicle accident cases with remarkable success. With years of experience in the field, the firm has developed a deep understanding of the complexities surrounding personal injury claims. And is dedicated to advocating for the rights of clients, ensuring that each case receives the individualized attention it deserves.
The firm has successfully secured seven-figure verdicts and settlements, recovering millions of dollars for personal injury clients. We pride ourselves on the ability to effectively negotiate settlements with insurance companies or take cases to trial to secure just verdicts for our clients. Powell Law Firm has built a reputation for never failing to recover money in personal injury cases, reflecting our discerning case selection, tenacity and determination to see every case through to a successful resolution. Our extensive experience, combined with a client-focused approach, makes us a strong and trusted advocate for anyone seeking representation in personal injury matters.
For injury accidents in Montana, contact the car accident attorneys at Powell Law Firm.
Your Trusted Car Accident Attorneys
Bryce Powell is a trial lawyer with 28 years of court-room experience. He was admitted to practice law in Montana in 1999. Since 2000 Mr. Powell has practiced motor vehicle accident personal injury law earning local acclaim and courtroom notoriety.
Mr. Powell successfully represented the most seriously injured survivor in one of the worst truck accidents in the history of the state of Montana. He has recovered seven-figure settlements and millions of dollars on behalf of car accident personal injury clients in Montana.
Nationally, he has been recognized and featured by major media outlets such as Fox News, the New York Times, LA Times, Boston Globe, Chicago Tribune, USA Today, CNN, ABC News, CBS News, 20/20, The Today Show and many others. Named among America’s Top 100 Attorneys® in personal injury law. Only 0.5% of attorneys in the United States are selected for this distinction. Licensed in Idaho since 1997 and Montana since 1999.
What Our Clients Say…
The Benefits of Working with Powell Law Firm
When selecting lawyers after a devastating car accident in Montana, choosing an attorney with proven experience and a track record of success is crucial for securing fair compensation. The Powell Law Firm combines extensive courtroom experience, deep knowledge of car accident challenges, and a commitment to personalized client care to deliver exceptional legal representation for car accident victims throughout Montana.
30 Years of Experience
$ Millions Recovered for Our Clients
No Upfront Costs – Pay Only If You Win
Personal Injury Car Accident Statistics
Car accidents are among the most common causes of personal injury in the United States with driver error being the primary contributing factor. According to the National Highway Traffic Safety Administration (NHTSA), the estimated number of people injured in auto crashes on our roadways is about 2.4 million per year. Roughly 42,000 people are killed. Distracted driving, speeding, and driving under the influence remain leading causes of auto accidents.
The total cost of motor vehicle injury crashes in the US is estimated to be around $340 billion per year. Costs include medical expenses, property damage, lost productivity, legal costs, emergency services and traffic congestion. The average cost of a crash resulting in non-serious injury is $11,900, for slightly more serious but not disabling injuries the average rises to $20,000 while for serious, incapacitating the injury average cost is about $65,000. Costs are significantly for more severe injuries or fatalities. Economic and general damages for personal injury are a large component of those costs.
Car accident lawyers at Powell law firm have represented hundreds of clients in motor vehicle accident cases. We have extensive experience, licensed as attorneys for nearly three decades.
If you or a loved one have been injured in a car crash due to negligence contact Powell Law Firm.
What To Do After a Car Accident
After a car accident, it’s important to take the following steps:
Ensure Safety
First, make sure everyone is safe. If possible, move to a safe location away from traffic to prevent further accidents. Accidents are stressful. Remaining calm will help you stay in control of the situation. Deploy emergency warning devices to avoid more harm after the accident.
Call Emergency Services
Contact the police in the event of a crash as well as medical personnel if there are injuries. Don’t hesitate to dial 911 or your local emergency number for assistance. Police reports and medical documentation can be essential for insurance claims.
Seek Medical Attention
Even if injuries seem minor, it’s crucial to get checked by a healthcare professional right away. Some injuries may not be immediately apparent or may worsen over time without proper medical treatment.
Document the Scene
Take photos of the accident scene, vehicle damage, and any visible injuries. Identify sources of surveillance camera or cell phone footage that may have captured the car accident. Note time, date, and weather conditions.
Exchange Information
Collect insurance details and contact information from all parties involved. Obtain statements and contact information from witnesses. This information is vital for accident reports and insurance claims.
Avoid Admitting Fault
Do not discuss the details of the accident or admit fault at the scene. Fault determination can be complicated and is best left to the courts, insurance companies and investigative authorities.
Follow Medical Advice
Adhere to the treatment plan provided by your healthcare provider and attend all follow-up appointments to ensure proper recovery. Failing to mitigate damages through proper health care treatment may diminish the value of your claim.
Notify Your Insurance
Report the accident to your insurance company as soon as possible, providing them with the necessary details and documentation. Provide the contact information for the insurance adjuster, claim and policy number to your car accident attorney. And let them handle settlement negotiations with the insurance company.
Keep Records
Maintain a record of all medical treatments, expenses, and any correspondence related to the accident. This documentation will be important for any insurance claims or legal actions including lawsuits.
Gather Personal Insurance Information
Gather your personal auto and health insurance policy information as well as Medicare or Medicaid details. Personal insurance companies or government programs may have subrogated rights and be entitled to reimbursement for medical expenses caused by an accident. Uninsured or underinsured motorist coverage from your personal auto insurance policy may be implicated if the negligent party does not carry insurance or the limit is not adequate to cover all damages. Minimum liability insurance requirements in Montana are $25,000 for bodily injury per person.
Contact a Personal Injury Lawyer
An experienced car accident attorney can help gather accident and medical information, negotiate with insurance companies and navigate the legal complexities of your case. Achieving a favorable outcome through a negotiated settlement with the insurance company or verdict by jury trial. Contact the personal injury lawyers at Powell Law Firm for Montana car accidents. Call today to schedule a free consultation. The sooner you reach out the more effective our injury attorneys can be.
Secure Compensation
Once you retain Powell Law Firm we immediately begin working on your case. Sending notice of representation to the insurance company, gathering medical information, police reports, recordings, witness statements, etc. We monitor the progress of your medical treatment and, when damages are quantified, issue a written demand for settlement to the negligent driver and his or her insurance company. If our demand is not accepted, we file a lawsuit and proceed with mediation and trial, if necessary. Ultimately through negotiated settlement or jury verdict and judgment, we will secure the just financial compensation you deserve.
Damages from Car Accidents
Car crash victims may recover a variety of damages depending on the specifics of the case. Here are the primary categories of damages that can typically be pursued:
Medical Expenses
Current and Future Medical Costs: In Montana, medical expenses from car accidents are calculated using the “actually paid” standard under Montana Code § 27-1-308, effective since 2021. This includes only amounts actually paid by or on behalf of the plaintiff for medical services, amounts necessary to satisfy charges still owing at trial, and amounts necessary for future reasonable and necessary medical services. The law explicitly prohibits recovery for charges resolved through contractual discounts or write-offs not actually paid.
Lost Wages
Income Loss: Victims can seek compensation for wages lost during their recovery period, including any potential future earnings if they are unable to return to work due to their injuries. Montana requires damages for future earnings to be formulated in present value under established case law, ensuring awards reflect the time value of money.
Pain and Suffering
Compensation for Physical Pain: This non-economic damage accounts for the physical pain and discomfort endured as a result of the accident and injuries. Insurance companies sometimes use a “multiplier” of economic damages to assess value to pain and suffering.
Emotional Distress
Mental Health Impact: Victims may also claim damages for emotional suffering, anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident. Assessing the value of damages depends on factors such as the nature of the impact, duration of emotional distress and impact on quality of life.
Loss of Consortium
Impact on Relationships: This refers to the loss of companionship, affection, guidance and support experienced by the victim’s spouse or family members due to the victim’s injuries.
Property Damage
Vehicle Repairs or Replacement: Compensation for the cost of repairing or replacing the vehicle damaged in the accident, as well as any personal property that was damaged or lost. Fair market value assessments are often based on information from sources such as Kelley Blue Book.
Punitive Damages
For Gross Negligence: In cases where the trucking company or driver acted with gross negligence, recklessness, malice or willful or wanton disregard to the safety of others, punitive damages may be awarded to punish the offender and deter similar behavior in the future. Montana law under § 27-1-220 limits punitive damages to the lesser of $10 million or 3% of defendant’s net worth, and requires clear and convincing evidence of actual fraud or actual malice.
Rehabilitation Costs
Restoring Function and Long-term Care Needs: In a car accident case, “rehabilitation costs” refer to the expenses incurred for medical treatments like physical, occupational or other therapies to restore a person’s functionality after an accident. If the victim requires ongoing rehabilitation services, home care, or assistive devices, these costs can be included in the claim.
Loss of Earning Capacity
Future Income Loss: If injuries impact the victim’s ability to work in the future or limit career opportunities, they may claim damages for loss of earning capacity. To calculate future lost income from a car crash injury, you need to analyze past earnings, project future earning capacity without the injury and subtract projected post-injury earning capacity, considering a number of factors.
Miscellaneous Expenses
Other Related Costs: Can include travel expenses for medical appointments, home modifications, and any other out-of-pocket expenses directly related to the motor vehicle accident. These damages are considered “economic damages” and can be included in a personal injury claim if necessitated by the injury.
Common Causes of Car Accidents
Most car accidents are caused by negligent drivers. Here are some common factors that contribute to serious motor vehicle accidents:
Distracted Driving
Distracted driving is any activity that diverts attention from driving. Activities such as texting, talking on the phone, eating or drinking, or adjusting in-cab controls can divert a driver’s attention from the road, increasing the risk of accidents. According to NHTSA, an estimated 3308 fatalities were caused by distracted driving.
Speeding
Driving above the speed limit reduces a driver’s ability to react to sudden obstacles and increases the severity of collisions, often leading to catastrophic injuries. And semi-trucks have longer stopping distance than passenger cars. Approximately 29% of all traffic fatalities involve speed as a contributing factor.
Driving Under the Influence
Alcohol and drugs impair judgment, coordination, and reaction times, significantly increasing the likelihood of severe accidents. Montana has the nation’s highest rates of alcohol-impaired driving fatalities, with 43% of traffic deaths involving alcohol in 2021.
Reckless Driving
Aggressive behaviors, such as tailgating, changing lanes without signaling, and road rage, can lead to dangerous situations that result in serious injuries.
Weather Conditions
Rain, snow, ice, or fog can create hazardous driving conditions. Poor visibility and slippery roads increase the risk of losing control of the vehicle. The vast majority of weather-related crashes occur on wet pavement and during rainfall.
Running Red Lights and Stop Signs
Failing to obey traffic signals can result in high-impact collisions at intersections, often causing catastrophic injuries to occupants of all vehicles involved. Around 700,000 police-reported crashes occur at stop signs annually.
Vehicle Defects
Mechanical failures, such as brake failure or tire blowouts, can lead to loss of control and serious accidents. Poor vehicle maintenance can exacerbate these risks. When vehicle defects are involved, the most common factors are tire problems and brake failure.
Inexperienced Drivers
New or inexperienced drivers may lack the necessary skills to handle complex driving situations, leading to mistakes that can result in severe accidents. In 2022 teens accounted for 7% of all fatal car crashes in the U.S. despite making up only 3.6% of licensed drivers.
Fatigue
Drowsy driving impairs attention and reaction time, similar to driving under the influence of alcohol. Fatigued drivers are more likely to cause accidents.
Improper Lane Changes
Failing to check blind spots or signal when changing lanes can lead to vehicle collisions, especially on busy highways. Around 530,000 motor vehicle crashes annually are attributed to improper lane changes.
Driving While Intoxicated by Prescription Medications
Certain medications can impair driving abilities, and combining them with alcohol can further increase risks. Prescription drugs are the most prevalent of all drugs found in drugged drivers involved in fatal automobile crashes (47%).
Inadequate Road Conditions
Poorly maintained roads, potholes, lack of signage, and inadequate lighting can contribute to accidents, particularly for drivers who are unaware of the hazards. Around 20% of heavy truck crashes were caused, in part, by poor road quality.
Catastrophic Injury and Wrongful Death
Catastrophic injuries resulting from car accidents are severe injuries that can lead to long-term disability or drastically alter a person’s quality of life. Given the many miles of interstate highways and predominance of commercial trucking in Montana, high speed, high impact motor vehicle collisions often occur. When they do, injuries can be catastrophic or fatal.
Traumatic Brain Injuries (TBI)
Traumatic Brain Injury can occur in a car accident through damage to the brain caused by a violent impact, leading to cognitive impairments, memory loss, or changes in personality. This can happen through sudden deceleration, hitting the steering wheel, dashboard, or side window. As well as by impact from being ejected or thrown around inside a vehicle during collision.
Spinal Cord Injuries
A spinal cord injury in a car accident occurs when the sudden, forceful impact of the collision causes the spine to move beyond its normal range of motion, potentially compressing, stretching or twisting the spinal cord. Injuries can lead to damage to the vertebrae, discs, or the spinal cord itself leading to nerve damage and potential paralysis, depending on the severity of the injury.
Amputations
Amputation can occur in a car accident when the force of the impact causes severe damage to a limb, such as crushing bones, severing blood vessels, or tearing muscles, leaving the limb beyond repair. Surgical removal may be required to prevent further complications or save the victim’s life. Loss of limb due to severe trauma can require extensive rehabilitation and adaptation to new ways of living.
Severe Burns
Severe burns in a car accidents can occur from direct contact with flames in a vehicle fire, exposure to hot metal car components, contact with hot liquids leaking from damaged components, airbag deployment burns, and in some cases, explosions from a ruptured fuel tank. Burn injuries can cause permanent disfigurement and require multiple surgeries to improve appearance, restore function to affected areas, and enhance quality of life by addressing mobility issues cause by severe burns.
Internal Injuries
Internal injuries in a car accident occur when the force of the impact damages internal organs or blood vessels within the body, often through blunt trauma from hitting the dashboard, steering wheel, or other parts of the vehicle, causing internal bleeding or organ damage. This can also occur from being ejected from the vehicle or airbag deployment. Damage to vital organs such as liver, kidneys, or lungs can be life-threatening and may necessitate surgery.
WRONGFUL DEATH
Wrongful death claims arise when a fatality occurs due to another party’s wrongful act or neglect. In wrongful death cases, heirs or the personal representative of the decedent’s estate may be entitled to seek compensation.
Damages may include:
- Medical expenses incurred by the deceased related to their final injury or illness.
- Reasonable funeral, burial or cremation expenses of the deceased.
- Loss of earnings and benefits the deceased would have contributed to the survivors had they lived.
- Loss of love, companionship, care, and guidance due to the death of a loved one.
- Pain and suffering of the deceased (in some jurisdictions).
- In cases where the defendant’s actions were out of gross negligence, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
Car Accidents in Montana
Car accidents in Montana may have unique aspects influenced by various factors, including geographical features, weather conditions, and state laws. Here are some points that highlight these characteristics:
Rural Roads
The risk of dying in a crash is 62% higher on a rural road compared to urban road for the same trip length. Montana has extensive rural areas with long stretches of highway. Motor vehicle accidents on these roads may lead to more severe injuries due to higher speeds, less traffic, and limited access to immediate medical care.
Wildlife Collisions
In Montana the presence of wildlife can contribute to car accidents. Collisions with deer, elk, and other animals are common and can result in significant injuries or fatalities. In 2023-24 the odds of a collision with an animal in Montana the odds of collision were 1 in 54.
Weather Conditions
Montana experiences a range of weather conditions, including snow, ice, and heavy rain. These conditions can impair visibility, vehicle performance, traffic flow and lead to slippery roads increasing the likelihood of car accidents.
State Laws
Montana follows a “modified comparative fault” rule, which can affect the right to recovery and how damages are awarded.
Increased Risk of Rollovers
Due to the geography and types of vehicles used (such as pickup trucks and SUVs), there may be a higher incidence of rollover accidents, which can lead to catastrophic injuries. In Montana rollover accidents are the most harmful type of single-vehicle crash resulting in fatalities.
Healthcare Access
In rural areas of Montana, access to specialized medical care may be limited, affecting the treatment and recovery of injured individuals. This can lead to longer recovery times and complications.
Montana’s Negligence Law (Comparative Fault)
Montana uses a modified comparative fault system:
- In Montana, an injured party can recover damages as long as their percentage of fault is less than 51%.
- If the injured party is found to be 51% or more at fault, they cannot recover any damages. Meaning that damages are recoverable by the injured party even if equally at fault.
- Damages awarded will be reduced by the percentage of fault attributed to the injured party. For instance, if a person is found to be 30% at fault in an auto accident with $100,000 in damages, they would recover $70,000.
Why Hire Powell Law Firm for Your Car Accident Case?
Choosing the right legal representation after a car accident is crucial. If you are injured in an auto collision there are several reasons to choose the personal injury attorneys at Powell Law Firm:
Extensive Experience
Bryce Powell has 28 years of courtroom experience handling car accident and truck accident cases. As a district attorney, private criminal defense lawyer and plaintiff’s personal injury attorney, Mr. Powell has extensive experience from every angle of motor vehicle accident litigation.
Advanced Knowledge of Personal Injury Law
Since 2000, we have emphasized the practice of personal injury law, particularly car, truck and motorcycle accident claims. We understand the nuances of Montana law, know how to deal with insurance companies and can effectively advocate for your rights.
Comprehensive Case Evaluation
We offer a thorough evaluation of your case, examining all aspects of the accident, including liability, damages, and potential compensation. Our candid assessment will let you know how our personal injury attorneys can help.
Aggressive Representation
Our legal team is known for its effective approach in negotiations and extensive courtroom experience. We strive to secure the maximum compensation possible for our clients. Our own compensation depends on recovering money for you.
No Fees Unless You Win
We work on a contingency fee basis, meaning you pay us nothing unless we successfully recover compensation for you. This allows you to pursue your claim without the additional financial stress of litigation.
Compassionate Support
We understand the emotional and physical toll that a car accident can take. Our team provides compassionate support, keeping you informed and empowered throughout the legal process.
Proven Track Record
Powell Law Firm has successfully secured substantial settlements and verdicts, recovering millions of dollars on behalf of our clients. We are committed to maximizing recovery to achieve the best possible outcomes for those we represent.
No-cost Consultation
We offer a no-obligation, free initial consultation to discuss your case. This gives you the opportunity to understand the legal merits of your case, your options, probable outcomes and how our injury accident attorneys and staff can assist you.
Local Ties
Powell Law Firm accident attorneys have extensive local ties. Office located in Bozeman Montana. Powell Law Firm is the local law firm you can trust for injury accident claims.