Montana Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Montana's long highways, mountain passes and rural roads carry a steady flow of freight, and when a commercial truck is involved, the consequences can be severe. Montana's laws are in some ways more favorable to injured people than its neighbors, with a longer filing period and no general cap on damages, but they still contain strict rules about fault and evidence. This guide explains the key rules, the evidence to protect and how to choose a Montana truck accident lawyer. We do not rank or endorse any firm.

Montana truck accident laws at a glance

• Filing deadline: three years for personal injury and wrongful death under Mont. Code Ann. § 27-2-204. Property damage lawsuits generally have a two-year deadline under § 27-2-207.
• Fault rule: modified comparative negligence under § 27-1-702. Your recovery is reduced by your share of fault, and you are barred if your fault is greater than the combined fault of the people you are suing (in practice, 51% or more).
• Insurance system: at-fault (tort). There is no no-fault threshold to meet before suing.
• Multiple defendants: Montana generally applies several liability, meaning each defendant pays its own share of fault, with limited exceptions.
• Damages: there is no general statutory cap on economic or non-economic damages in ordinary injury cases. Montana does cap damages in medical malpractice and limits punitive damages.

Truck crashes in Montana: the context

Montana has a very large road network and a small population, so crashes often happen far from help. Interstates 90, 94 and 15 carry heavy freight, while highways such as US-2 and US-87 connect agricultural and energy regions. Winter ice, wind, mountain grades and wildlife add risk. The Montana Highway Patrol, part of the Department of Justice, publishes fatal crash reports that track commercial-vehicle involvement, and the Montana Department of Transportation publishes statewide traffic safety data.

FMCSA's state table shows that Montana recorded roughly 10 to 35 deaths a year in crashes involving large trucks between 2009 and 2019, with year-to-year swings. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles.

How Montana's fault rule works

Montana's statute says contributory negligence does not bar recovery if the injured person's negligence was not greater than the negligence of the defendant or the combined negligence of all defendants. In practice, if you are 50% at fault, you can still recover a reduced amount. If you are 51% at fault, you recover nothing. Trucking insurers often try to push the injured driver's share past the line with arguments about speed, lane position or road conditions, so early evidence matters.

Who may be responsible

• The truck driver, for speeding, distraction, fatigue or driving too fast for icy conditions.
• The motor carrier, for negligent hiring, training, dispatch pressure or poor maintenance.
• A cargo loader or shipper, if cargo was overloaded or improperly secured.
• A repair shop or parts manufacturer, if brake, tire or steering failures contributed.
• A road authority, in uncommon cases involving defective road conditions.

Because Montana generally apportions fault among defendants rather than making one defendant pay everything, a thorough investigation to identify every responsible party can affect how much is ultimately collectible.

Insurance in a Montana truck crash

Montana's minimum liability limits for ordinary vehicles under Mont. Code Ann. § 61-6-103 are $25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage. These are much lower than what a serious truck injury costs. Interstate carriers hauling general freight are required by federal rules to carry at least $750,000 in liability coverage, and higher amounts apply for some hazardous cargo. If the at-fault driver is uninsured or underinsured, your own uninsured or underinsured motorist coverage may apply, depending on your policy.

Evidence to protect

• Crash report. Make sure law enforcement files one. In Montana, certain crashes must also be reported to the Motor Vehicle Division, so check MVD rules for the reporting threshold and deadline.
• Photos and video of the scene, the truck, its USDOT number, road conditions and weather.
• Driver logs, electronic logging device data and dash camera footage. Federal hours-of-service rules apply, and carriers generally keep logs for only six months.
• Medical records. In rural areas, treatment may start far from home, so keep records from every provider, ambulance and hospital.
• The carrier's safety record in the FMCSA SAFER system.

What compensation may include

• Medical bills, including air ambulance and long-distance care where applicable
• Lost income and reduced earning capacity
• Pain and suffering and loss of enjoyment of life
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for the family

The outcome depends on the evidence, the injuries, the insurance available and your share of fault. No lawyer can guarantee a result.

Steps to take after a truck crash in Montana

1. Call 911 and get medical care, even if you feel fine. In remote areas, help may take longer, so stay safe and warm.
2. If it is safe, photograph the scene, the truck, its markings and any hazards.
3. Get the police report number and witness contact information.
4. Report the crash to your insurer and to the MVD if required.
5. Do not give a recorded statement to the trucking company's insurer without advice.
6. Speak with a Montana truck accident attorney soon.

Choosing a Montana truck accident lawyer

Confirm the lawyer is licensed in Montana, ask about commercial trucking experience and willingness to travel to rural counties, and ask how the firm handles evidence preservation. Many injury lawyers work on a contingency fee, which means no fee unless you recover. Compare percentages and case costs in writing. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Montana attorney. We do not endorse any law firm.

Frequently asked questions