Towe & Fitzpatrick, PLLCMissoula Personal Injury Attorney | Car Accident Injuries2024-03-13T09:28:10Zhttps://www.toweandfitzpatrick.com/feed/atom/WordPress/wp-content/uploads/sites/1503596/2022/09/cropped-site-identity-tf-32x32.jpgOn Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548602024-03-13T09:28:10Z2024-03-13T09:28:10Zthe possibility of meeting a vehicle headed the opposite direction.
Recent increase in head-on incidents
Yet the Gallatin County Sheriff’s Office has recently reported a sharp increase in the number of head-on incidents, some of which resulted in catastrophic and sometimes fatal collisions. Many of the incidents have occurred on Interstate Highway 90, including a significant number in Missoula.
Beginning of spike in head-on incidents
The string of head-on incidents that has bothered local law enforcement began in November 2003 when a local woman was arrested and charged with 37 counts of criminal endangerment, driving under the influence, and unauthorized use of a vehicle after driving on I-90 between Belgrade and Bozeman. Another incident occurred in early December when a man was arrested for allegedly driving westbound in the eastbound lanes of I-90 between Belgrade and Bozeman. A head-on collision on January 4 took the life of a young local woman.
Risk for first-responders
Sgt. Nelson pointed out that first-responders face a significant danger in trying to get in position to intercept the wrong-way vehicles before they collide. One of the most effective methods for preventing a head-on collision is to position the first-responder vehicles in the same lane as the opposing vehicles, but that method is very dangerous for the first-responders.
Prevention
The Montana Department of Transportation has ordered nine new wrong-way signs with radar and flashing lights. They will be installed on I-90 and 287 at Wheat, Manhattan, Amsterdam and Belgrade.
]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548572024-03-04T19:56:57Z2024-02-29T19:04:49Zsuch as the cause of the fall, the sidewalk’s location and the city’s policies.
Cause of the fall
Identifying the cause of your fall is crucial in determining liability. Was it due to a sidewalk defect, external elements, like snow or debris, or your own actions? If the defect is to blame, you may have a claim against the city or the adjacent property owner. If external elements caused the fall, the property owner’s negligence in sidewalk maintenance may be at fault. However, if your negligence played a role, your claim might be affected.
Location of the sidewalk
The sidewalk’s location, whether on public streets or private property, plays a significant role in assigning responsibility. According to Missoula Municipal Code 12.16, property owners are responsible for sidewalk maintenance adjacent to their property. However, this does not automatically make them liable for injuries. The city may still be liable if it neglected sidewalk ordinances too.
City’s policies and ordinances
Understanding Missoula’s policies and ordinances governing sidewalks is vital. These rules encompass construction standards, inspection procedures, enforcement mechanisms, liability limitations and dispute resolution processes. Montana Code Annotated 61-8-608 grants bicyclists and moped riders on sidewalks the same rights and duties as pedestrians. If your accident involves such a scenario, you may have a valid claim. So, if your trip was actually a fall from one of these vehicles, you have the same rights as a pedestrian.
Additionally, Montana Code also limits municipal liability for defective sidewalks, requiring written notice. Failure to provide notice within the required timeframes may impact your ability to sue the city for damages caused by a defective sidewalk.
In conclusion, if you trip on your neighbor’s sidewalk, liability hinges on factors like the cause of the fall, the sidewalk’s location and adherence to city policies. Understanding these legal considerations is crucial to navigate this complex terrain to ensure your rights are protected and ensure appropriate action is taken.]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548402024-02-22T18:35:53Z2024-02-21T18:33:39Ztruck accident occurs, it is imperative to consider the wide range of factors that could have contributed to the accident.
Truck accidents
According to recent statistics, the rate of accidents involving large trucks is frightening. For example, 2021 saw 523,796 truck accidents, which is a significant increase from the previous year that recorded 415,444 accidents. This 26% increase might be due to the current conditions of the nation during those years; however, these numbers still illustrate how common truck accidents are.
Roughly a fourth of these recorded truck accidents resulted in injuries or fatalities. For 2020, there were 101,000 truck accidents reported that involved injuries, and 4,444 resulted in fatalities. With regards to fatal truck accidents, over half of those reported involved a semi-truck.
Causes and liability
There are a wide range of causes when it comes to truck accidents, with some of them establishing liability and negligence of the truck driver, trucking company or both. Current statistics found that the most common cause of a truck accident was truck driver impairment or inattention. Because truck drivers spend long hours behind the wheel of a truck, they are more prone to fatigue, certain illnesses, using their cell phone while driving, eating while driving and even being impaired by drugs or alcohol.
Other common causes include driving in dangerous weather conditions, speeding and hours of service violations. Any of these could cause or contribute to a truck accident, resulting in possible liability for the truck driver or trucking company
Those injured in a truck crash should understand that they have rights following the incident. A civil action, such as a personal injury suit, could help the injured victim show cause and apply liability to the negligent party or parties. This could help with the recovery of compensation to help address damages and losses.]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548392024-02-19T21:59:43Z2024-02-19T21:59:43Zare a victim of medical malpractice?
Medical malpractice occurs when a doctor or other medical professional acts negligently and causes harm to a patient.
Knowing some common forms of medical malpractice can help you determine if you have a valid claim.
Misdiagnosis is a very common type of medical malpractice
Misdiagnosis occurs when a doctor diagnoses you with the wrong illness or injury or does not diagnose you with anything at all when you are actually suffering from something.
As you can imagine, a misdiagnosis can cause you major problems. You could receive an incorrect prescription and start taking unnecessary medication that harms you.
Misdiagnosis can be deadly in some cases if your condition is not properly diagnosed until it is too late.
To qualify as medical malpractice, your doctor must have missed something that most other doctors wouldn’t. If you have a rare condition that most doctors would not immediately diagnose, your doctor’s failure or delay to diagnose you may not be medical malpractice.
Failure to treat and prescription drug errors
Failure to treat is another common form of medical malpractice. This occurs when you are correctly diagnosed but your doctor does not properly follow up.
Being discharged from a hospital too soon, not prescribing required medications or not providing you with adequate follow-up care are all potential forms of medical malpractice. You are entitled to the minimum standard of care.
Prescription drug errors are sometimes part of a misdiagnosis but sometimes they are a form of medical malpractice all on their own.
You might be prescribed the correct medication but the wrong prescription is ordered or filled, causing you harm when you take it. The wrong medication can cause you serious side effects.
Birth injuries and surgical errors
One of the most tragic types of medical malpractice comes from birth injuries. Negligence during childbirth can cause serious and life-altering conditions such as cerebral palsy or spinal cord injuries.
Surgical errors are another type of medical malpractice that can have severe consequences. Surgical errors can involve using unsterilized surgical instruments, leaving surgical instruments inside you, performing surgery when it was unnecessary or performing the wrong surgery altogether.
While there are risks associated with every surgery, your doctor must tell you about these risks. If you are told about the risks, go through with the surgery and are impacted due to one of the risks, that is likely not medical malpractice.
You must file your claim within the statute of limitations
If you believe you are a victim of medical malpractice, it is important that you act quickly. The statute of limitations for medical malpractice in Montana is two years from the date of the injury or two years from when you discover the injury.
The statute of limitations can be tolled in some situations. However, it is best to file within the two years and avoid an argument over whether your claim was filed too late and qualified for an exception.]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548372024-02-06T06:07:44Z2024-02-06T06:07:44Zliability for personal injuries and property damage sustained in a motor vehicle accident are wholly the responsibility of the driver who caused the accident – or was “at fault.”
In a “no-fault” state, the situation is a bit more complicated.
Who is liable for damages in a “no-fault state?”
Twelve states are currently classified as “no-fault” states. In these states, fault is theoretically irrelevant. Every driver in those states must carry a minimum amount of property and medical liability insurance.
The current minimum limits for coverage in Montana are $25,000 per person and $50,000 for all claims arising from the same accident.
When an accident occurs, the parties involved must provide notice to their own insurers, who are required to pay the claim up to the limits imposed by the state’s no-fault laws or the insurance policies that are involved.
If the damages exceed the limits of insurance stated in the policy, the policy holder is responsible for paying the balance of the claim.
Even in no-fault states, the driver who caused the accident must pay for the property damage suffered by the other drivers.
Complications of allocating coverage in a no-fault state
Another factor affecting the question of “who pays” is the state’s comparative fault law.
In Montana, a driver (or the driver’s insurer) may claim damages from another driver only if the driver seeking recover is determined to have been less than percentage of fault attributable to the other driver.
The insurance companies will negotiate between themselves to determine the share of damages that must be paid by each company. If the companies cannot agree on their respective shares of liability, the case will most likely result in a courtroom trial.
The insurance companies will have access to any police reports on the accident and to studies of why the accident occurred. The companies will also take statements from all drivers involved in the accident.
]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548162024-01-24T15:34:33Z2024-01-24T15:34:33ZSidewalk snow removal obligations
In accordance with the Missoula Municipal Code (MMC 12.16.30), property owners, whether residential or commercial, must ensure that adjacent sidewalks are free of snow and ice by 9:00 a.m. the day after a snowfall. The code emphasizes responsible snow disposal, prohibiting the shoveling of snow into streets, bike lanes, parking lanes, or covering fire hydrants.
Penalties
Failure to clear sidewalks may prompt the city to take action at the owner’s expense. The city follows a structured procedure for addressing complaints. For the first complaint, the property owner and tenant, if applicable, receive a Notice of Violation Letter. For the second complaint, a Final Notice of Violation Letter is issued, indicating the city’s intent to clear snow at the owner’s expense for this and future violations. No further notice is given. The city contractor removes snow, and the property owner receives a bill.
Snow and ice premises liability
Business owners must be aware of premises liability concerning snow and ice accidents. In Montana, property owners can be held responsible for injuries resulting from unsafe conditions. Negligence on the part of the property owner forms the basis for premises liability cases.
Visitors fall into three categories, invitees, licensees and trespassers, with varying degrees of owed duty of care. Business owners have the highest duty toward invitees, a lower duty to licensees and the lowest duty to trespassers. Natural accumulations of snow and ice, such as those falling from roofs or trees, may lead to liability depending on several factors, including foreseeability, preventability and the level of risk posed.
Reducing liability risks
Business owners can take proactive steps to minimize liability risks. Adhere to the city’s ordinance by clearing sidewalks promptly. Stay informed about weather conditions and apply deicer or sand to prevent ice buildup. Remove snow or ice falling from roofs or trees on the property. Use signs or cones to alert visitors to slippery or uneven surfaces.
Maintain records of snow removal efforts, including receipts, invoices, photos and logs. Consider hiring licensed, insured and reputable snow removal services, checking contracts for liability limitations or exclusions.
Conclusion
By following these guidelines, business owners can foster a safer environment and potentially avoid legal complications. However, if businesses fail in their duty and customers are injured, a premises liability lawsuit may be appropriate.]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548132024-01-19T20:24:56Z2024-01-18T20:23:42ZMistakes to avoid in your car accident personal injury case
Without realizing it, many car accident victims end up causing damage to their own personal injury cases. Here are some mistakes that they make that you’ll want to be sure to avoid:
Neglecting medical care: The ultimate recovery in your personal injury case is going to depend on the damages that you can show. If you forego medical treatment, either initially or on a follow up basis, then it’s going to be hard to show the full extent of the harm that’s been caused to you. So, don’t try to act tougher than you are. Seek out the treatment that you need and follow your doctor’s recommendations.
Inadequately documenting the accident: If possible, you should document the accident scene and your recollection of the accident itself. This includes taking pictures of the accident scene and damage caused to vehicles, as well as writing down witness statements. If you can’t do that yourself, then have a family member or friend help you. Also, be sure to document how your injuries make you feel and how they limit your ability to enjoy life, as this can be powerful evidence in demonstrating your non-economic damages.
Talking too freely to insurance representatives: The insurance company might seem like they’re your friend, offering to help you in your time of need, but they’re really looking for a way to deny or limit your claim. Therefore, regardless of how friendly the insurance company seems, be careful with what you say to them. Stick to the facts and avoid making statements that sound like you’re to blame for the accident.
Posting on social media: Although social media can be a great outlet, it can also pose a risk during a personal injury lawsuit. The defense might use your posts to show that your injuries aren’t as severe as you claim them to be, or they might use statements that you made online to show that you’ve been inconsistent and therefore shouldn’t be trusted when you testify in your case. It’s best if you just stay away from social media until your case is over.
Build a strong legal strategy going into your personal injury case
There are a lot of errors that can be made when developing a personal injury claim. By being diligent in your preparation, though, you can avoid them while building an aggressive case that seeks to recover what you’re owed.
If you’re ready to learn more about what you can do to build the strong personal injury case you want, then now is the time to further your research, increase your knowledge, and surround yourself with any support that you may need along the way.]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548122024-01-10T19:48:31Z2024-01-10T19:48:31Zpursuing wrongful death damages. You could still seek a claim for lost potential future earnings.
Financial losses other than loss of income
There are also many other financial losses you may have, including funeral expenses and medical expenses. You could request an amount for the loss of your loved one’s companionship and punitive damages if the death involved serious misconduct.
Additionally, your loved one may not have been employed but still have been receiving a monthly income of some sort. If they were receiving monthly social security or other benefits, you could claim this monthly amount as damages.
The general purpose of wrongful death damages is to put you in the same financial position as you were before your loved one was suddenly and tragically taken from you. When punitive damages are awarded, their purpose is to punish the person responsible for your loved one’s death.
However, punitive damages are rarely awarded unless there is clear evidence that the person responsible acted maliciously or cruelly.
Seeking assistance when necessary
Knowing the type and amount of compensation to ask for involves examining many different factors. This can be harder to do when you are dealing with the emotions and challenges that come along with a death, so having guidance is important.]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548112024-01-03T17:04:16Z2023-12-27T17:02:35ZTwo vehicles collided just east of Helmville on Highway 200. According to the report of the Montana Highway Patrol, the two vehicles collided when one was attempting a left turn. The media reports are a bit sketchy, but the basic facts of the accident can be deduced from information released by safety authorities.
The accident
One of the two vehicles was a Subaru Outback that was headed east on Highway 200. The driver of the Subaru attempted to make a left hand turn, but ice on the highway prevented the vehicle from completing its turn. Instead, the vehicle remained in the west bound lane, where it was struck by a Toyota RAV4 traveling west.
A female passenger in the RAV4 was killed in the collision. The driver of the RAV4, a 34-year-old man from Missoula, and the driver of the Outback were transferred to St. Patrick’s Hospital in Missoula for treatment of their injuries.
Liability for road conditions
Even in Montana’s notorious weather, the state’s drivers are responsible for allowing for the wintry conditions and for taking extra safety precautions. In this case, the eastbound driver who was attempting the left turn may be liable for not spotting the slippery roadway.
On the other hand, the westbound vehicle may have been traveling too fast for the slippery road conditions, thereby impairing its ability to slow or stop for the turning vehicle. A complete assessment of liability will most likely need the completion of the accident]]>On Behalf of Towe & Fitzpatrick, PLLChttps://www.toweandfitzpatrick.com/?p=2548102023-12-19T19:42:45Z2023-12-19T19:42:45Zcomparative negligence. How do you go about doing that?
How to address comparative negligence in your car accident case
As daunting as it can be to think about coming under attack in your personal injury case, there are ways to diminish the defense’s arguments, such as by doing the following:
Attacking witness credibility: The defense might try to lay blame on you by presenting testimony from witnesses who claim to have seen you acting negligently at the time of the accident. But these individuals might not be the most trustworthy individuals. So, look for ways to diminish their credibility, whether by pointing out prior inconsistent statements or highlighting logistical issues pertaining to what they claim to have seen, that way the judge and jury will give their testimony less weight.
Focusing on contradictory evidence: If you know how the defense is going to try to blame you for the accident, then you can focus on contradicting their evidence. An expert witness, such as someone who conducts accident reconstructions, may be able to help you here, but you also shouldn’t overlook the value of police reports and other witness testimony.
Utilizing trustworthy experts: Some car accident cases come down to a battle of the experts. Any time you use an expert, you need to ensure that they’re reliable, trustworthy, and likeable. This will help you counteract the defense’s arguments that will try to paint you in a bad light and make it look like you’re at fault for the accident in question.
Highlighting proportionality: Remember, if you win your case then your ultimate recovery is only going to be reduced if fault is found, and only by the amount of fault that’s allocated to you. Therefore, you can minimize the impact of a comparative fault showing by presenting evidence that diminishes the proportion of fault that’s assigned to you and reiterating to the judge and jury just how negligent the defendant was in causing your wreck.
Take a holistic approach to your personal injury case
To recover as much as possible from your car accident personal injury lawsuit, you have to address every aspect of your case, leaving no stone unturned. This will ensure that you’re not taken by surprise at trial, and that you have effective counterarguments to protect your position.]]>