Defendant's Attorney: Gregory G. Smith and Kaitlyn J. Mitcham for Cyndi Enderle

Dale R. Cockrell and David Sandler for Allstate Fire and Casualty Insurance Company

Description: Missoula, Montana personal injury car wreck lawyers represented the Plaintiffs who sued the Defendants on auto negligence and insurance law theories claiming to have suffered more than $75,000 in damages and/or injuries.

Montana Auto Negligence Law:

Fault-Based System: Montana operates under a fault-based system for auto negligence. This means that the driver deemed at fault for causing the accident will be held responsible for damages. Fault arises based on negligence.

Duty of Care: Every driver on Montana roads has a duty to operate their vehicle with reasonable care and follow traffic laws to avoid harming others. Failure to do so constitutes negligence.

Breach of Duty: The injured party must prove that the other driver breached their duty of care by:

Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals

Proximate Cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.

Damages: If successful, the injured party can recover various damages, including:

Medical expenses: Costs of medical treatment related to the injuries sustained.
Lost wages: Income lost due to the inability to work as a result of the injury.
Pain and suffering: Physical and emotional pain and suffering caused by the injury.
Property damage: Costs of repairing or replacing damaged property.

Modified Comparative Negligence: Montana follows a modified comparative negligence rule. This means that even if the injured party is partially at fault, they can still recover damages, with their compensation proportionally reduced based on their percentage of fault. However, if the injured party's negligence is greater than 50%, they cannot recover any damages.

Statute of Limitations: Claims in Montana have a three-year statute of limitations, starting from the date of the accident.

Additional Points:

Legal resources: Consult the Montana State Bar or Montana Department of Motor Vehicles for guidance and resources.
Insurance: Montana requires drivers to carry minimum amounts of liability and uninsured/underinsured motorist (UM/UIM) coverage. This can play a significant role in covering damages and navigating negligence claims.

Specific Scenarios:

Here are some situations where Montana auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their UM/UIM coverage if the at-fault driver is unknown or uninsured.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in a Montana auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

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Outcome: Motion to remand to the States Court.

Plaintiff's Experts:

Defendant's Experts:

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