MONTANA Truck Accident Lawyer

While a collision between two small vehicles has the potential to be extremely dangerous, truck accidents are nearly always catastrophic for the drivers and passengers in smaller vehicles because of a truck’s weight and size compared to that of a car or pickup. Truck accidents can and often do cause severe injuries or death. 

Victims of truck accidents often face large medical bills and lost income as they try to regain their quality of life. Montana law entitles victims, and sometimes their families, to compensation for harm they sustain due to another person’s negligence. However, getting fair compensation can be challenging. A skilled Montana truck accident lawyer can help you determine the best route to recover maximum compensation and can handle the legal proceedings while you focus on recovering.

Differences Between Regular Accidents and Truck Accidents in Montana

In addition to being more dangerous than other collisions, commercial truck accidents can also be more legally complex. In personal injury cases, the first element that must be established is liability. Following a normal car accident, it may be easy to determine who is at fault. Truck accidents, however, often involve multiple vehicles, making proof of liability and allocation of fault more complicated. Damages may also be more challenging to calculate because injuries caused by a trucking accident tend to be catastrophic. Proof of both liability and damages may require the assistance of qualified experts such as truck operators, engineers, accident reconstructionists, and medical specialists. Assembling this team and proving the elements of your claim is critical to obtaining full compensation.

Why Is Montana Dangerous for Truck Drivers?

The conditions in Montana make driving dangerous for everyone, including commercial truck drivers. Montana winters bring lots of snow and ice. These weather conditions can be deadly for large trucks. Large trucks are unable to stop, turn, and maneuver as quickly as other vehicles, especially on icy roads. Once a large truck gets out of control, it is also harder to get back into control. Adding negligence, incompetence, and speeding into the mix can easily result in tragedy during a Montana winter. 

Montana truck drivers should always check roadway conditions before getting on the road. It’s important that they’re in constant communication with motor carrier traffic controllers and others responsible for directing truckers on the best routes to take for transportation. 

Weather is not the only danger that truck drivers need to watch out for. Other causes for truck accidents include: 

  • Construction zones

  • Heavy traffic

  • Potholes

  • Hazardous road conditions

  • Trucking regulations violations

  • Malfunctioning equipment

  • Negligent oil tankers

  • Unsecured truck cargo

  • Poor equipment operation

  • Driving under the influence

  • Driver fatigue

It is a truck driver’s responsibility to exercise due care to ensure the safety of others on the roadway. However, truck drivers aren’t the only parties responsible for safe transport. The trucking company plays an integral role in preventing condition-related accidents. Trucking companies should be aware of Montana’s slippery winter roads. Companies must take steps to prevent common accidents, such as equipping trucks with winter tires and training drivers to drive on snow and ice. Truck maintenance is also vital in winter when bad brakes or worn tires can cause major crashes.

Who Is Liable in a Montana Truck Accident?

Determining liability after a truck accident can be complicated. Different parties can be partially or wholly responsible in such cases, including: 

The Truck Driver

Truck drivers can cause accidents through reckless driving, distracted driving, driving under the influence, disobeying traffic signals or signs, speeding, or failing in other ways to exercise the level of care required of commercial drivers. When a truck driver acts negligently, usually the trucking company they work for bears the liability (see below). However, the driver may be personally liable under certain circumstances. These include when they are independent contractors (and not employees), when they are not driving the vehicle within the scope of any employment, or when they are acting in some intentional way that is not reasonably foreseeable by the employer. 

The Truck Company

A trucking company ordinarily will be liable for the negligence of their employee truck driver if he or she is acting within the scope of their employment. This is known as vicarious or derivative liability. The trucking company may also be directly liable for an accident if it is guilty of negligent hiring, retention, or training practices. A company may also be liable for an accident if its own negligent practice caused the accident. These actions may include poor vehicle maintenance, improper loading, or not giving the driver enough time to complete the route within applicable speed limits. In some cases, a company may be responsible for drowsy driving accidents by pressuring or coercing drivers into exceeding their hours-of-service regulation to meet a deadline.

Third-Party Manufacturer

A third-party manufacturer might be responsible for an accident if a defective or dangerous vehicle part caused the accident. If defective brakes caused the truck to skid and flip over, for example, the brake manufacturer or distributor might be held liable for producing a product that was defective or inherently unsafe. 

What to Do after a montana Truck Accident?

The moments immediately following an accident are disorienting. After a collision with a truck, it’s understandable to be overwhelmed and unsure of what comes next. Here are a few helpful steps to take after a trucking accident for your safety and to protect your legal right to compensation: 

  • Contact emergency services and get medical care promptly

  • Get the truck driver’s name and contact information

  • Get the trucking company’s contact information

  • Make sure police are called to the scene and get a copy of the police report

  • Contact a Montana truck accident lawyer

The days following a truck accident can be challenging. Truck accidents can cause severe injuries and sometimes fatalities. It can be difficult under those circumstances to think about anything other than recovering from the accident. However, the sooner you contact a truck accident attorney in Helena, MT the sooner your rights can be protected, and the sooner you can begin the process of seeking fair financial compensation for your injuries. 

Work with a Skilled MONTANA Truck Accident Lawyer at Morrison Sherwood Wilson & Deola

If you or a loved one have suffered because of a truck accident and there is a party liable for your injuries, attorneys at Morrison Sherwood Wilson Deola are here to help. At Morrison Sherwood Wilson Deola, we understand truck accident law. Whether the driver, company, or manufacturer is liable for the accident, we can help build a strong case to prove their liability and obtain the compensation you deserve. You can schedule a consultation with us today at (406) 442-3261 or fill out our contact form.