Fault disputes are common after commercial truck crashes. A driver may claim the other motorist caused the collision. The trucking company may also shift blame to limit its liability. Under Mont. Code Ann. § 27-1-702, Montana follows a modified comparative negligence rule. Under Montana law, an injured party can recover damages as long as their share of fault is 50% or less. A truck driver’s denial does not prevent recovery when the evidence supports the claim. How quickly an injured person responds after a crash can significantly affect how much they may recover.
Gather physical evidence right away
Evidence from the scene often decides disputed fault cases. Prompt action protects an injured party’s legal position. At the scene, the injured party or someone acting for them should collect the following:
- Photographs of all vehicle damage from multiple angles
- Images of skid marks, debris and road conditions
- The truck driver’s commercial driver’s license (CDL) number
- The carrier’s USDOT number and insurance information
- Names and contact details for all witnesses
- The police report number to request a copy when available
Police reports capture the officer’s own observations, such as vehicle positions and road conditions. But recorded third-party statements in those reports may face admissibility challenges under Montana’s rules of evidence. Even so, the report’s details can guide an attorney’s investigation and help identify key witnesses.
Document witness accounts and electronic evidence
Independent witnesses can provide important testimony when fault is in dispute. Dashcam footage and nearby surveillance cameras may capture critical moments before impact. Attorneys can issue spoliation notices to the trucking company and driver demanding the preservation of electronic data and vehicle evidence, while using legal processes such as subpoenas to secure surveillance footage from third parties. Cell phone records and electronic logging device (ELD) data from the truck can also reveal a driver’s behavior in the minutes leading up to the accident.
How an attorney responds when the trucking company disputes fault
Many trucking firms send investigators to crash scenes fast. Their goal is to build a defense before evidence is gone. An attorney can act quickly to preserve evidence and find all liable parties. They can also build a record that challenges unproven claims of no fault.
When a truck driver denies fault, Montana’s rules still give injured parties a real chance to recover. That chance depends on a strong factual record. Acting fast to gather evidence matters. Getting legal help early also counts. Both steps give an injured person the best shot at disputing a denial of fault.
