Montana Motorcycle Accidents: What Every Rider Needs to Know
Montana’s open roads and scenic highways — from Highway 93 through the Flathead Valley to Going-to-the-Sun Road near Glacier National Park — attract thousands of motorcyclists every year. But those same roads see hundreds of serious motorcycle crashes annually, with riders suffering catastrophic injuries that change lives forever.
If you or a loved one has been injured in a motorcycle accident in Montana, understanding your legal rights is the first step toward recovery. At Cannon Breck Law, we represent injured riders across Flathead Valley, Kalispell, Whitefish, Columbia Falls, and throughout Montana.
Montana Motorcycle Helmet Laws
Montana has a partial helmet law under MCA § 61-9-417. Riders under 18 must wear a DOT-approved helmet. Riders 18 and older may choose whether to wear a helmet.
However, insurance companies routinely argue that an unhelmeted rider contributed to their own head injuries — even when another driver caused the crash. This is a comparative fault argument that can reduce your compensation. An experienced personal injury attorney knows how to counter these tactics and protect your full claim value.
Common Causes of Montana Motorcycle Crashes
The most frequent causes of motorcycle accidents in the Flathead Valley and across Montana include:
- Left-turn collisions — Drivers turning left across oncoming traffic fail to see approaching motorcycles, especially at intersections along Highway 93 in Kalispell and Whitefish
- Distracted driving — Cell phone use and GPS distraction are epidemic on Montana highways
- Drunk driving — Montana consistently ranks among the top states for DUI-related crashes
- Road hazards — Gravel, potholes, construction debris, and wildlife on rural Montana roads create unique dangers for two-wheeled vehicles
- Lane splitting and unsafe passing — Montana does not have a lane-splitting law, making any lane-splitting maneuver legally risky
- Deer and wildlife collisions — The Flathead Valley’s abundant wildlife population creates serious collision risks, particularly at dawn and dusk
Injuries Common in Motorcycle Accidents
Because motorcycles offer no structural protection, riders suffer disproportionately severe injuries:
- Traumatic brain injuries (TBI) — Even with helmets, the forces involved in motorcycle crashes can cause concussions, brain bleeds, and permanent cognitive damage
- Spinal cord injuries — Paralysis, herniated discs, and vertebral fractures
- Road rash and degloving injuries — Skin and tissue damage requiring extensive surgical intervention
- Fractures — Broken legs, arms, pelvis, and ribs are extremely common
- Internal organ damage — Liver, spleen, and kidney injuries from impact forces
- Amputation — Severe crush injuries may require surgical amputation
Montana’s Comparative Negligence Rule
Montana follows a modified comparative negligence standard under MCA § 27-1-702. You can recover damages as long as your fault does not exceed the defendant’s fault. If you are found 30% at fault, your recovery is reduced by 30% — but you still recover 70% of your damages.
Insurance companies aggressively argue rider fault in motorcycle cases. Common tactics include claiming the rider was speeding, not wearing proper gear, or failed to take evasive action. Having a skilled attorney who understands motorcycle dynamics and Montana traffic law is essential to defeating these arguments.
Statute of Limitations
Under MCA § 27-2-204, you have three years from the date of a motorcycle accident to file a personal injury lawsuit in Montana. For wrongful death claims, the clock starts on the date of death. Missing this deadline permanently bars your claim — no exceptions.
What to Do After a Motorcycle Crash in Flathead Valley
- Seek immediate medical attention — Kalispell Regional Medical Center and other local facilities should evaluate you even if injuries seem minor
- Call law enforcement — A police report creates official documentation of the crash
- Document everything — Photograph the scene, your injuries, vehicle damage, and road conditions
- Do not admit fault — Anything you say at the scene can be used against you later
- Do not give recorded statements to insurers — Insurance adjusters are trained to extract admissions that reduce your claim
- Contact a motorcycle accident attorney — Early legal involvement preserves evidence and protects your rights
Damages Available in Montana Motorcycle Accident Cases
Montana law allows motorcycle accident victims to recover:
- All medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage (motorcycle repair or replacement)
- Loss of enjoyment of life
- Punitive damages in cases involving drunk driving or extreme recklessness
Contact Cannon Breck Law Today
If you’ve been injured in a motorcycle accident on Montana’s highways, the attorneys at Cannon Breck Law are ready to fight for the compensation you deserve. We serve riders throughout Kalispell, Whitefish, Columbia Falls, Bigfork, Polson, and the entire Flathead Valley.
Call us today for a free consultation. We handle motorcycle accident cases on a contingency fee basis — you pay nothing unless we win your case.
