Motorcycle Accident Attorney in Bozeman, Montana
At AFJ Law Firm PLLC, we understand that riding a motorcycle is more than just a mode of transportation. It’s a passion, a feeling of freedom, and a way of life for many people. Unfortunately, this freedom also comes with significant risks, and when a negligent driver causes an accident, the consequences can be catastrophic.
AFJ Law Firm PLLC attorney Anthony Jackson has secured the highest motorcycle accident injury verdict in Montana history because he understands the importance of the unique aspects of motorcycle wrecks and how to protect the rights of injured riders. For him, representing these riders is not just a job, it’s a passion that stems from his own love for motorcycling. Our firm is dedicated to helping those who have been injured in motorcycle accidents, and we will fight to get them the compensation they deserve.
Common Causes of Motorcycle Accidents in Montana
Motorcyclists are often seen as reckless, but research consistently shows that the majority of accidents involving motorcycles are caused by car, truck, and SUV drivers who fail to notice motorcyclists or yield the right of way. The unique characteristics of motorcycle riding require extra caution from all drivers. This responsibility is often neglected, leading to more accidents.
Some of the most common scenarios we see on the roads in Montana include:
- Left-Hand Turn Accidents: This is the most frequent type of collision between cars and motorcycles. A driver who is turning left at an intersection may not see a motorcyclist coming from the other direction or may misjudge their speed, causing them to turn directly into the path of the motorcycle.
- Lane Changes: Drivers often fail to properly check their blind spots when changing lanes, causing them to sideswipe a motorcycle that is traveling in the adjacent lane.
- Distracted Driving: When a driver is texting, adjusting the radio, or not paying full attention, it can be a lethal hazard for motorcyclists.
- Door Opening: When a parked car’s occupant opens their door in the path of a motorcycle, it leaves the rider with little time to react.
- Dangerous Road Conditions: Hazards such as potholes, gravel, uneven pavement, and construction zones can be dangerous for motorcycles. These hazards are easier for cars to navigate, but can be devastating for motorcycles.
- Following Too Closely: Tailgating removes any margin for error for motorcyclists if they need to brake suddenly.
Our firm carefully investigates the details of your case to identify all parties involved. This may include not only the driver at fault, but also government agencies responsible for road maintenance and manufacturers of faulty parts.
The Devastating Injuries in Motorcycle Accidents
A motorcyclist lacks protective steel cages, airbags, or seat belts, so even low-speed impacts can cause life-altering injuries. We have seen the physical, emotional, and financial impact of these injuries on victims and their families. Common injuries include:
- Road Rash: Severe abrasions that may require skin grafting and lead to permanent scarring and disfigurement.
- Fractures and Broken Bones: Leg, arm, rib, and spinal fractures are common.
- Traumatic Brain Injuries (TBIs): Even with a helmet, a violent impact can cause concussions or more severe TBIs, affecting cognitive function, memory, and personality.
- Spinal Cord Injuries: These can lead to partial or complete paralysis, requiring lifelong medical care.
- Ligament and Soft Tissue Damage: Injuries to knees, shoulders, and rotator cuffs.
- Amputations: The loss of a limb is a tragic reality in many serious motorcycle accidents.
Understanding Motorcycle Accident Claims in Montana
Montana is an “at-fault” state, meaning that the person causing an accident is financially responsible for damages. To receive compensation, you must prove that the other party was negligent. Four key elements are necessary to prove this: duty, breach, causation, and damages. In Montana, we use a modified comparative fault system.
This means you can still get compensation if you’re only partially responsible for an accident, as long as your share of responsibility is less than 50%. Your compensation will be based on your percentage of fault; if it exceeds 50%, you won’t receive any compensation. It’s important to have legal representation when dealing with these issues.
What to Do After a Motorcycle Accident in Bozeman
Your actions immediately after a crash can significantly affect your health and legal position.
- Seek Medical Attention Immediately: Adrenaline can mask pain, so even if you feel fine, it’s important to get checked out by a doctor as soon as possible. This will also create a vital medical record that links your injuries to the accident, which can be useful for future reference.
- Call the Police: A Montana traffic collision report is crucial evidence. Ensure the responding officer accurately documents the scene. If you are injured and cannot speak with the officer immediately following the crash, try to ensure that the officer hears your version of the story. Too often, the motorcyclist is too injured to speak, and the officer completes the crash report after speaking only with the other party.
- Preserve Evidence: If possible, take or have someone take photos of the scene, vehicle positions, your injuries, and any road conditions. Also, collect contact information from any witnesses.
- Ensure You are in the Right State of Mind Before Speaking About the Crash: Be careful about what you say at the scene. Avoid apologizing or making statements that could be interpreted as admitting guilt if you were not at fault.
- Do Not Speak to the Other Insurance Company: Their goal is to minimize your claim. If you receive a call from them, politely decline to provide a recorded statement and refer them to your attorney.
- Contact a Montana Motorcycle Accident Attorney: Before speaking with any insurance representatives, it is recommended that you consult an experienced attorney to protect your legal rights from the start.
Dealing with Insurance Companies After a Motorcycle Crash
Insurance companies are for-profit businesses that use sophisticated tactics to minimize or deny motorcycle accident claims. They often exploit biases against motorcyclists, such as claiming the rider was “lane-splitting” (illegal in some states) or riding too fast. They may also argue that the injuries are less severe than the rider claims, or offer a lowball settlement before the rider understands the full extent of their injuries and losses.
We handle all communications with insurance companies. We understand their strategies and can build a strong case that reflects the full value of your claim, including medical expenses, lost wages, pain and suffering, property damage, and future care costs.
Why AFJ Law Firm Stands Apart in Motorcycle Injury Representation
Our firm’s unique selling point is our unwavering dedication to motorcycle riders and our proven track record of success in high-stakes legal cases. Anthony Jackson’s personal experience as a motorcyclist informs every aspect of our work, from accident reconstruction to courtroom arguments. We understand the intricacies of motorcycling, the behavior of riders, and the technical aspects crucial for accident analysis.
This knowledge allows us to challenge biases and present our clients as responsible and law-abiding individuals deserving of justice. As a law firm specializing in personal injury and insurance disputes, we bring extensive expertise, dedicated resources, and a track record of successes to every case we take on. One of our most notable cases was one of the largest motorcycle accident verdicts in Montana history, demonstrating our commitment to justice for our clients.
Learn More About Pedestrian Accidents
Your Recovery is Our Priority.
If you or a loved one has been injured in a motorcycle accident in Bozeman or elsewhere in Montana, you don’t have to face this challenge alone. Physical pain, financial stress, and emotional trauma can be overwhelming challenges, and you should not have to carry them alone. A dedicated advocate can help you navigate the legal process and ensure that you receive the compensation you deserve.
Contact AFJ Law Firm PLLC for a free consultation today. Let us put our experience and passion to work for you. We are here to fight for Montana, and we are ready to fight for you.
Common Motorcycle Accidents FAQs
The majority of serious motorcycle crashes are caused by other drivers failing to see or yield to riders. The most frequent scenario is a left-hand turn collision, where a car turns across the path of an oncoming motorcycle. Other common causes include distracted driving, unsafe lane changes, cars opening doors into traffic, and tailgating.
Montana does not have a universal helmet law for riders over 18. While wearing a helmet is wise, your choice not to wear one cannot be used against you to deny your claim entirely. However, insurance companies may try to argue it contributed to the severity of your injuries. An experienced attorney can counter this argument and focus on establishing the other driver’s primary liability for causing the crash.
This rule allows you to recover damages as long as you are less than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible (e.g., for speeding), you can recover 80% of your damages. If you are 50% or more at fault, you recover nothing.
Motorcycle cases involve unique physics, rider behavior, and biases. An attorney who rides understands bike handling, accident reconstruction, and can effectively challenge stereotypes that insurers use to blame the rider. This specialized knowledge is crucial for accurately investigating the crash, consulting the right experts, and advocating persuasively for your rights.
Do not admit fault or apologize at the scene. Do not give a recorded statement to the other driver’s insurance company before consulting a lawyer. Avoid posting about the accident on social media. Do not settle your claim or sign any releases before you have completed medical treatment and understand the full, long-term impact of your injuries.
Our lead attorney is a passionate rider who understands the culture and mechanics of motorcycling. We have a proven record of success, including one of the highest motorcycle accident verdicts in Montana history. We combine this personal insight with a deep legal specialization in personal injury and insurance disputes, giving us the expertise to maximize your compensation against aggressive insurers.
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