Commercial trucking is a big and lucrative business for trucking companies that operate in and through Montana. But Montana’s open roads, limited commercial motor vehicle law enforcement, and hazardous weather conditions make Montana a dangerous state to share a road with commercial motor vehicles. For these and other reasons, truck drivers cause many accidents across the state and a disproportionate number of fatal collisions in Montana. Accidents involving trucks tend to be more severe, resulting in more serious injuries, larger amounts of property damage, and fatalities. If you were recently injured in a trucking accident, keep reading to learn more about how to proceed with your claim and how trucking insurance works.
Montana Commercial Trucking Insurance Requirements
Montana’s laws and regulations surrounding commercial vehicles determine how much liability insurance a truck must carry. The amount varies greatly by type of vehicle and what it carries. For example, a truck carrying freight weighing 10,001 lbs or less is required to carry less coverage than a heavy-duty truck transporting hazardous materials.
A trucking company’s insurance policy may cover events and damages like:
- Bodily Injury
- Accidental Death
- Property Damage
- Punitive Damages
- Loss of Use
Montana unfair claim settlement practices law prohibits insurance companies from misrepresenting pertinent facts or insurance policy provisions related to coverage at issue. It also prohibits insurance companies from not promptly paying claims when liability is reasonably clear. However, too many insurance companies simply ignore these laws and don’t tell injured victims about coverages available under the policy or promptly pay claims when liability is reasonably clear. Montana trucking accident victims often, if not nearly always, only get full and fair compensation for what they have been through if they hire a law firm, like AFJ Law Firm, that knows Montana trucking law and Montana insurance law and how to make insurance companies to meet their legal obligations.
Fulling explaining the anatomy of a trucking accident insurance claim or lawsuit is well beyond what can be covered in an article. However, trucking wreck claims and litigation can be generally thought of as encompassing both liability (fault) and damages (how much harm). Personal injury law firms, like AFJ Law Firm, often hire experts to testify about these issues to juries. A general overview of these issues is covered below.
How is Liability Determined in Montana Trucking Accidents?
Determining the liable party in a trucking accident is often more complicated than in passenger vehicle collisions. Although the driver is typically the one to be held accountable in a negligent accident, other parties may be involved as well. In addition to the truck driver, the trucking company may also be held liable for their driver’s actions. Typically, that happens if the company hires a driver with a history of speeding or distracted driving.
Some truck accidents are caused by malfunctions or problems with the truck itself; in those cases, the manufacturer may assume some liability. There have even been cases in which the company that loaded the cargo on the truck has been held responsible for causing an accident. For example, overloaded or improperly loaded cargo has spilled onto the road, causing serious accidents.
The more parties involved in an accident claim, the more complex the claim and liability are to determine. Each insurer will perform their own investigation into the cause and aftermath of the accident. Montana uses modified comparative fault when determining fault in a trucking accident. That means that one or more parties can be at fault and are assigned a percentage to represent their contribution to the accident. Insurance companies collect evidence like eyewitness statements, police reports, dashcam footage, and more to help determine who was at fault in a trucking accident. They’ll go over the details of the case, including the driver’s time on the clock and the condition of the truck, to determine the fault.
How are Damages Determined in Montana Trucking Accidents?
Damages in a trucking collision involve evidencing the losses and harms caused by an at-fault truck driver. These damages may include:
- Medical Bills
- Past Lost Wages
- Future Lost Earnings
- Funeral, Burial, and/or Cremation Expenses
- Physical Rehabilitation Expenses like Physical Therapy and Occupational Therapy
- Mental Health or Psychological Health Expenses
- Emotional Distress Damages
- Pain and Physical Injury Damages
- Loss of Consortium
- Other General and Special Damages
- Punitive or Exemplary Damages
All or some of the above damages may be covered by a commercial motor vehicle insurance policy if a trucking company or its drivers cause a collision in Montana. Expert testimony from doctors, therapists, and trucking experts is almost always needed to secure full and fair compensation for these damages. If AFJ Law Firm takes your case, we will pay for the costs of hiring these experts. You will only have to reimburse the costs of these experts if we make a recovery in your case.
Montana Truck Accident Lawyers
Were you offered a lowball settlement from a trucking company’s insurance after an accident? Do you disagree with the decisions made by your or the other insurance company when determining fault in your accident? At AFJ Law Firm, we handle truck accident disputes for our clients to help them get the compensation they deserve. Accidents involving trucks and commercial vehicles are among the most serious types of collisions, and we’re ready to help you recover damages for any injuries or property damage you sustained because of another driver. Contact AFJ Law Firm today for a consultation to go over your legal rights and options for recovering damages.