MONTANA*

Montana motorcyclists are protected under Montana motorcycle law that makes negligent drivers responsible and liable to Montana motorcyclists. A biker who is involved in a Montana motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Montana.

If you sustained an injury due to a Montana motorcycle accident and you haven’t contacted a lawyer about your Montana motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.        1-877-Biker-Law (1-877-245-3752).

Ø      Montana is an at-fault state. This means that the law of negligence governs Montana motorcycle and Montana motor vehicle accidents. The person who is found to be “at fault” for the Montana motorcycle accident can be held accountable for your injuries and damages in your Montana motorcycle accident.

Ø      Montana Helmet Law: If you are riding on or operating a Montana motorcycle, you are required by law to wear a helmet if you are under the age of 18.

Title 61. Motor Vehicle

Chp 9. Vehicle Equipment

Part 4. Miscellaneous Regulations

61-9-417: Headgear required for minor motorcycle riders.

(1) “An operator and passenger under 18 years of age of any motorcycle or quadricycle operated upon the streets or highways of this state shall wear protective headgear upon the head. The headgear must meet standards established by the department of justice.”

(2) “A person may not operate a motorcycle upon a highway in the state unless all passengers under 18 years of age are in compliance with subsection (1).”

Ø      Montana Eye Protection Law: If you are riding on or operating a Montana motorcycle, you are not required by law to wear protective eye wear.

Ø      Montana Motorcycle Insurance: In Montana, it is not required by law to insure your Montana motorcycle. However, it is always a good idea to carry insurance.

The minimum liability limits for Montana motorcycle insurance (although not required by law) are as follows:

·        Bodily Injury Liability (1 Person): $25,000

·        Bodily Injury Liability (All persons, 1 accident): $50,000

·        Property Damage Liability: $10,000

MCA 33-23-204

TITLE 33. INSURANCE AND INSURANCE COMPANIES
CHAPTER 23. CASUALTY INSURANCE
PART 2. MOTOR VEHICLE LIABILITY

33-23-204. Definitions

As used in this part, the following definitions apply:

(1) (a) "Motor vehicle" means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state.

(b) The term does not include a bicycle, as defined in 61-8-102, an electric personal assistive mobility device, as defined in 61-1-101, and a motorized nonstandard vehicle, as defined in 61-1-101.

(2) "Motor vehicle liability policy" means a policy of automobile or motor vehicle insurance against liability required under Title 61, chapter 6, parts 1 and 3, and all additional coverages included in or added to the policy by rider, endorsement, or otherwise, whether or not required under Title 61, including, without limitation, uninsured, underinsured, and medical payment coverages.

MCA 61-6-103

61-6-103. Motor vehicle liability policy defined

(1) A "motor vehicle liability policy", as the term is used in this part, means an owner's or operator's policy of liability insurance, certified as provided in 61-6-133 or 61-6-134 as proof of financial responsibility and issued, except as otherwise provided in 61-6-134, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

(2) The owner's policy of liability insurance must:

(a) designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

(b) insure the person named therein and any other person, as insured, using any motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(i) $25,000 because of bodily injury to or death of one person in any one accident and subject to said limit for one person;

(ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and

(iii) $10,000 because of injury to or destruction of property of others in any one accident.

Ø      Montana Uninsured Motorist Coverage: If you are involved in a Montana motorcycle accident, and the at-fault driver has inadequate or no insurance to cover your claim, uninsured (or underinsured) motorist coverage may protect you in this situation.

·        Uninsured Motorist Coverage: If you are involved in a Montana motorcycle accident with an at-fault driver who has NO insurance to cover your claims, uninsured motorist coverage may protect you.

·        Underinsured Motorist Coverage: If you are involved in a Montana motorcycle accident with an at-fault driver who INADEQUATE insurance to cover your claims, underinsured motorist coverage may protect you.

Ø      Montana Statute of Limitations: If you wish to commence suit as a result of your Montana motorcycle accident, you must do so within 3 years from the date of the Montana motorcycle accident.

27-2-204. Tort actions -- general and personal injury.

(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

***Law portion of site in progress. Montana motorcycle law regarding Montana motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.

Find An Attorney In Montana For Your Motorcycle

Accident Injury Case

Who Should Seek A Motorcycle Accident Lawyer?

Anyone who has been involved in a motorcycle accident in Montana should seek the advice of a qualified motorcycle accident lawyer.

Why Should You Contact The Motorcycle Lawyer?

The Motorcycle Lawyer helps motorcycle accident victims find a highly qualified lawyer in their state. Motorcyle accident victims need an edge wherever it exists, and the first place to gain that edge is by finding a lawyer who knows the unique laws in their state.

The Motorcycle Lawyer offers victims of motorcycle accidents this service at no charge to the accident victim seeking justice.

When Should A Motorcycle Accident Victim Seek Help?

It's very important to contact a lawyer as soon as possible. The Motorcycle Lawyer has reviewed many motorcycle accident cases and through our experience we have found that the sooner we can hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of the circumstances of your motorcycle accident to risk waiting. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months after.

Contact The Motorcycle Lawyer Without Obligation!

Providing The Motorcycle Lawyer with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Please call us at no cost and speak with Jason A. Waechter, the founding lawyer of The Motorcycle Lawyer at:

1-877-Biker-Law (1-877-245-3752)

Serving every city and town in the State of Montana:

A
Absarokee, Alberton, Alder, Alzada, Amsterdam, Anaconda, Angela, Antelope, Arlee, Ashland, Augusta, Avon
 
B
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C
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D
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E
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F
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G
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H
Hall, Hamilton, Hammond, Hardin, Harlem, Harlowton, Harrison, Haugan, Havre, Hays, Heart Butte, Helena, Helmville, Heron, Highwood, Hilger, Hingham, Hinsdale, Hobson, Hogeland, Horse, Hot Springs, Hungry, Huntley, Huson, Hysham
 
I
Ingomar, Inverness, Ismay
 
J
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K
Kalispell, Kevin, Kila, Kinsey, Kremlin
 
L
Lake Mc Donald, Lakeside, Lambert, Lame Deer, Larslan, Laurel, Lavina, Ledger, Lewis and Clark, Lewistown, Libby, Lima, Lincoln, Lindsay, Livingston, Lloyd, Lodge Grass, Lolo, Loma, Lonepine, Loring, Lustre
 
M
Malmstrom AFB, Malta, Manhattan, Marion, Martin City, Martinsdale, Marysville, McAllister, McCabe, McLeod, Medicine Lake, Melrose, Melstone, Melville, Mildred, Miles City, Milltown, Missoula, Moccasin, Moiese, Molt, Monarch, Montana City, Moore, Mosby, Musselshell
 
N
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O
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P
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R
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S
Saco, Saint Ignatius, Saint Marie, Saint Mary, Saint Regis, Saint Xavier, Saltese, Sand Coulee, Sand Springs, Santa Rita, Savage, Scobey, Seeley Lake, Shawmut, Shelby, Shepherd, Sheridan, Sidney, Silver Gate, Silver Star, Simms, Somers, Sonnette, Springdale, Stanford, Stevensville, Stockett, Stryker, Sula, Sumatra, Sun River, Sunburst, Superior, Swan Lake, Sweetgrass
 
T
Teigen, Terry, Thompson Falls, Three Forks, Toston, Townsend, Trego, Trout Creek, Troy, Turner, Twin Bridges, Twodot
 
U
Ulm
 
V
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W
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Y
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Z
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