Towe & Fitzpatrick, PLLC Missoula Personal Injury Attorney | Car Accident Injuries 2026-10-01T08:05:26Z https://www.toweandfitzpatrick.com/feed/atom/ WordPress /wp-content/uploads/sites/1503596/2022/09/cropped-site-identity-tf-32x32.jpg by Towe & Fitzpatrick, PLLC <![CDATA[What damages can you recover in a Montana wrongful death case?]]> https://www.toweandfitzpatrick.com/?p=255147 2026-10-01T08:05:26Z 2026-10-01T08:05:26Z Damages available in a wrongful death case Montana wrongful death claims generally fall into two broad categories: economic losses and non-economic losses. Economic damages represent concrete, calculable financial harm resulting from the death and may cover:
  • Medical and hospital expenses accumulated prior to the individual's passing
  • Costs associated with funeral arrangements and burial services
  • Projected earnings and financial contributions the deceased would have provided
  • Loss of parental supervision and guidance for dependent minor children
Non-economic damages reflect the deeply personal toll a death takes on surviving family members. Although these losses resist precise calculation, Montana law recognizes them as legitimate. Survivors may seek compensation for the loss of companionship, the absence of meaningful relationships, and the emotional void left by the deceased.

Who receives wrongful death damages in Montana

In Montana, the wrongful death lawsuit is brought through the person legally responsible for handling the estate. A court may appoint that individual, or the deceased may have designated someone in a valid will. State law also controls who can receive money from a wrongful death recovery. The spouse and children generally have priority. If neither remains, the deceased person’s parents may qualify. When no parent is living, Montana’s inheritance laws determine which relatives may receive the funds.

What limits and deadlines apply to Montana wrongful death claims

Montana law may cap non-economic damages in civil cases. Whether those caps apply to a specific wrongful death claim depends on the facts and the applicable law. Families typically have three years from the date of death to file a wrongful death claim in Montana. Specific situations may alter this timeframe, and failing to file within the applicable window generally eliminates the right to seek compensation. Families typically have three years from the date of death to file a wrongful death claim in Montana. Specific situations may alter this timeframe, and failing to file within the applicable window generally eliminates the right to seek compensation. Because every case involves unique relationships, financial dependencies, and individual circumstances, working with an experienced attorney remains essential for identifying available damages and ensuring compliance with Montana's filing requirements.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Ranch road car accidents in Montana]]> https://www.toweandfitzpatrick.com/?p=255144 2026-09-16T15:31:18Z 2026-09-16T15:31:18Z A crash on a remote ranch road can cause serious injuries, vehicle damage and insurance problems. If another driver caused the crash, you may have the right to seek compensation under Montana law. Your recovery depends on what caused the crash, who was at fault and whether your actions contributed to it.

How negligence affects a ranch road crash

Negligence occurs when a driver fails to use reasonable care. Examples include speeding, distracted driving, impaired driving and failing to yield when required. A driver may face responsibility for a crash on a narrow, gravel or privately maintained ranch road. The road's location or condition does not excuse careless driving. Road conditions may help explain how the crash happened. Investigators may examine visibility, road width, weather, dust, signs, traffic patterns and each driver's actions.

Evidence that may help establish fault

Evidence can help show who caused a ranch road collision. Useful evidence may include:
  • Photos of vehicle damage, tire marks, road conditions and nearby signs
  • Statements from passengers, neighbors, ranch workers and other witnesses
  • Dashcam footage, phone records and available security video
  • Medical records that describe injuries and treatment
  • Insurance information and the official crash report
Document the scene as soon as possible. Weather, traffic and other conditions may change after the crash. Moving damaged vehicles may also affect the available evidence.

How comparative fault affects recovery

Montana follows a modified comparative negligence rule. Under Montana law, you generally cannot recover damages if your negligence exceeds the combined negligence of the people against whom you seek recovery. If your negligence does not exceed that combined negligence, Montana reduces your damages in proportion to your share of fault. For example, suppose a driver speeds on a gravel ranch road and collides with your vehicle. If you also failed to account for road conditions, investigators may assign some fault to you. Your compensation may then decrease according to your percentage of fault. Insurance companies may consider comparative fault when they evaluate a claim. Their assessment does not necessarily settle the question of legal responsibility. A negligent driver may have to pay for a ranch road collision when the evidence connects the driver's conduct to your injuries or losses. Seek medical care, document the accident and keep records of crash-related expenses. These steps can help establish your damages and preserve evidence about the collision.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[What should you do after a hit-and-run crash in Montana?]]> https://www.toweandfitzpatrick.com/?p=255141 2026-09-16T06:46:57Z 2026-09-16T06:46:57Z A hit-and-run crash can leave you shaken, injured and unsure where to turn, especially when the driver who caused the collision disappears before you can exchange information. You may also worry about how you will handle medical bills, vehicle damage or an insurance claim without knowing who caused the crash. Taking a few practical steps can help protect your interests while you deal with the aftermath. Here are the most important things you should do immediately after a hit-and-run crash in Montana.

Call 911 immediately

Report the collision as soon as possible. Give officers every detail you remember, including the other vehicle's make, model, color, license plate number, direction of travel and any description of the driver. If witnesses saw the crash, provide their information as well. Montana law requires drivers involved in certain crashes to stop, remain at the scene and provide information or reasonable assistance. When the other driver leaves instead, that person may face consequences for failing to meet those duties. Reporting the crash promptly allows law enforcement to investigate and look for the driver while details and potential leads remain fresh.

Preserve evidence from the scene

Photographs and other details from the scene can help establish what happened. If you can do so safely, take photos of your vehicle, the damage, the surrounding area and any visible debris. Write down what you remember while the details remain fresh. You can also note nearby businesses or homes that might have security cameras.

Seek medical attention

Get medical care promptly even if you don’t think you were harmed in the accident. Some injuries may not become obvious immediately after a collision, particularly when adrenaline masks pain. Follow your provider's recommendations and keep information related to your treatment.

Check your insurance coverage

Review your policy for uninsured motorist coverage after reporting the crash to your insurer. Montana requires insurers to offer this coverage unless you reject it in writing. It can provide coverage for injuries caused by an uninsured or hit-and-run driver, depending on the terms of your policy.

Protect your claim after a hit-and-run

After a hit-and-run, reporting the crash, preserving evidence, getting medical care and reviewing your coverage can help protect your ability to seek compensation. If the driver remains unidentified or your injuries create a significant claim, consider having an attorney review the circumstances and your insurance documents with you.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Who is responsible when wildlife causes a car accident?]]> https://www.toweandfitzpatrick.com/?p=255140 2026-09-10T07:45:14Z 2026-09-10T07:45:14Z Direct strikes with wild animals A wild animal in the road usually does not make anyone legally responsible for the crash. Liability may arise if another person or entity also helped cause the collision through negligence or another legal reason. If you hit a wild animal directly: Comprehensive coverage may pay for damage to your vehicle, depending on your policy and deductible. Medical payments coverage or health insurance may help pay medical bills for the driver or passengers, depending on the coverage.

Multi-vehicle crashes and swerving

If a driver swerves to avoid wildlife and hits another vehicle, fault may depend on the driver’s actions, traffic conditions and other facts. If a lead vehicle brakes hard to avoid wildlife and another driver rear-ends it, the following driver may face a negligence claim for following too closely, depending on the circumstances.

Livestock and Montana’s open-range rules

Livestock is different from wild animals. Under Montana law, livestock owners generally do not have a duty to keep animals off highways. Their liability for livestock crashes is limited unless an exception applies, such as gross negligence or intentional misconduct.

What to do after a wildlife collision

Take photos of the damage, the animal if possible and the road conditions. If you want to salvage a deer, elk, moose or antelope killed in a vehicle collision, Montana requires a vehicle-killed wildlife salvage permit. You must obtain the permit within 24 hours after you take the animal into your possession.]]> by Towe & Fitzpatrick, PLLC <![CDATA[Can medical bills reduce a wrongful death settlement in Montana?]]> https://www.toweandfitzpatrick.com/?p=255138 2026-08-24T20:08:20Z 2026-08-24T20:08:20Z How medical costs factor into damages Medical bills do not reduce a settlement. They increase it. Montana allows families to recover all economic damages the death caused, including every dollar spent on treatment before the person died. These costs add to the total value of the claim rather than subtract from it. The settlement includes pay for funeral costs, lost income and the pain the family endures. Medical costs represent one category within this broader recovery. Courts recognize that families should not bear the financial burden of care that resulted from someone else's wrongful actions.

What actually reduces settlement value

Comparative fault can reduce a wrongful death settlement in Montana. If the deceased person shared duty for the incident, the court may lower the award by their percentage of fault. Insurance policy limits also cap what families can recover, no matter the total damages. Accepting a quick settlement offer often leaves money on the table. Insurers may propose low amounts before families know the full scope of losses. Medical bills provide documented proof of harm, strengthening rather than weakening the claim's value.

Protecting your family's full recovery

Keep detailed records of all treatment costs, including ambulance transport, hospital stays and medication. These documents establish the economic impact and support the demand for fair compensation. Montana law allows families three years after a death to file a claim, but taking action early can help preserve important evidence. An attorney experienced in wrongful death litigation can calculate the true value of your losses and pursue full compensation. Speaking with a qualified lawyer helps families know their rights and avoid settlements that fail to cover the harm they have suffered.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Railroad yard injuries: Common hazards and legal options]]> https://www.toweandfitzpatrick.com/?p=255136 2026-08-12T14:45:24Z 2026-08-12T14:45:24Z Montana's rail yards keep freight moving across the state every day, but they also put workers at serious risk. Railroad employees face unique dangers that most workers never encounter, and a single accident can end a career or change a life permanently.

Recognizing common yard hazards

Rail yards pack heavy equipment, moving trains and tight walkways into small spaces. Workers slip on oily surfaces, trip over loose rail ties or get caught between cars during coupling. Falls from ladders and platforms cause many severe injuries too. Toxic fumes from diesel engines and chemical spills also threaten workers' long-term health.

Identifying frequent injuries

Yard workers often suffer crush injuries when cars collide unexpectedly. Repetitive strain from lifting heavy equipment damages backs and shoulders over time. Amputations happen when limbs get trapped in machinery or couplers. Hearing loss develops after years of exposure to loud engines and horns. Some workers also develop respiratory illness from breathing diesel exhaust daily.

Understanding your legal options

Montana railroad workers don't fall under typical workers' compensation laws. Instead, the Federal Employers Liability Act (FELA) covers most rail employees and lets injured workers sue their employer for negligence. Unlike workers' comp, FELA requires proof that the railroad's carelessness caused or contributed to the injury. This standard is lower than in a typical personal injury case, so many workers can recover damages even when the company shares only part of the blame.

Filing a claim in Montana

Injured workers should report the incident immediately and seek medical care right away. Because FELA is a federal law, claims are governed by a uniform three-year federal statute of limitations rather than state deadline rules. Workers shouldn't wait to consult an attorney, as gathering evidence early is critical. An experienced FELA lawyer can investigate the accident, gather evidence, and negotiate with the railroad on the worker's behalf. Because railroads often employ their own investigators immediately after an incident, workers benefit from having independent legal representation early in the process.  Railroad work will always carry risk, but Montana workers don't have to face the aftermath of an injury alone. Understanding these hazards and legal protections helps injured workers protect their health, their income and their future.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[How do you know if you have a personal injury claim in Montana?]]> https://www.toweandfitzpatrick.com/?p=255107 2026-08-02T05:49:27Z 2026-08-02T05:49:27Z When do you have a personal injury claim? Not every accident results in a legal claim. In general, you may have a personal injury case if another person or business acted negligently and that negligence caused your injuries. Common examples include:
  • Car accidents
  • Truck and motorcycle crashes
  • Slip-and-fall accidents
  • Dog bites
  • Unsafe property conditions
  • Defective products
To succeed in a claim, you typically must show four elements:
  • The other party owed you a duty of care.
  • They breached that duty.
  • Their actions caused your injury.
  • You suffered damages, such as medical expenses or lost income.

What damages may you recover?

If your claim is successful, you may be able to recover compensation for both financial and personal losses, including:
  • Medical expenses
  • Future medical treatment
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Property damage, when applicable
Every case is unique, so the value of a claim depends on the severity of your injuries and how they affect your life.

Does shared fault affect your claim?

Montana follows a modified comparative negligence rule. This means you can still recover damages if you were partially responsible for the accident, provided your share of fault does not exceed the legal limit. However, your compensation may be reduced based on your percentage of fault. Insurance companies often attempt to shift blame to reduce payouts. Gathering evidence early can help protect your claim.

What should you do after an accident?

The actions you take immediately after an accident can strengthen your case. Consider these important steps:
  • Seek medical treatment as soon as possible.
  • Report the accident to the appropriate authorities.
  • Take photographs of the accident scene and your injuries.
  • Collect contact information from witnesses.
  • Keep records of medical bills and other expenses.
  • Avoid discussing fault with insurance adjusters before understanding your legal rights.
Prompt action also helps preserve important evidence that may become unavailable over time.

Speak with a Montana personal injury attorney

Determining whether you have a personal injury claim often requires a careful review of the facts surrounding your accident. An experienced Montana personal injury attorney can evaluate your situation, explain your legal options and help you pursue the compensation you deserve. Seeking legal guidance early can improve your ability to build a strong claim while allowing you to focus on your recovery.  ]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Who is at fault in a merging accident?]]> https://www.toweandfitzpatrick.com/?p=255106 2026-07-31T16:02:17Z 2026-07-31T16:02:17Z Who has the right-of-way? In Minnesota, during merging, the driver who is continuing in their lane has the right-of-way and the driver who is merging should await their opportunity. In other words, if a driver hastily merges and causes an accident, they might be held liable. Nevertheless, in certain circumstances, drivers in an established lane can also share fault.

How is fault shared?

Drivers in an established lane may occasionally be at fault. In merging-related auto accidents, they may bear fault in the following scenarios:
  • The driver sped up to block the merging vehicle.
  • The driver was distracted, such as by using a mobile phone.
  • The driver abruptly entered the lane into which the other car was merging.
When two vehicles attempt to merge into the middle lane at the same time, and it ends in a collision, determining who is primarily at fault can be difficult.

What to do after a merging accident in Minnesota?

A merging accident is a complex situation. It requires a thorough investigation of the facts to determine liability. Under Minnesota's modified comparative fault rule, an individual who is found to be 51% or more at fault generally cannot recover damages from another party. If you have been in an accident, you may be able to protect your rights with the help of an attorney experienced in motor vehicle accidents.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Does a wrongful death settlement go to creditors in Montana?]]> https://www.toweandfitzpatrick.com/?p=255105 2026-07-30T08:29:41Z 2026-07-30T08:29:41Z Wrongful death claims and estate claims serve different purposes A wrongful death claim allows surviving family members to seek compensation for their own losses after someone dies because of another party’s wrongful act. An estate claim serves a different purpose. It may cover losses tied to the person who died, such as medical bills, lost income before death or other claims that belong to the estate. That distinction matters because probate can affect what creditors may reach. In Montana, estate administration can affect property, debt payment and claim handling during the probate process.

When can creditors reach settlement funds?

Creditors may try to reach settlement funds if the estate receives the money along with other estate assets. If surviving beneficiaries receive their share directly for their own losses, estate creditors may have a harder time reaching those proceeds. Settlement structure can matter in cases involving:
  • Medical bills the person owed before death
  • Probate administration of estate assets
  • Multiple family members with separate claims
  • Disputes over how to divide settlement proceeds
These details can affect how much of the recovery a family keeps.

The settlement structure can affect creditor exposure

A fatal accident case involves more than proving fault and damages. The way the parties structure and document a settlement can affect whether creditors can access part of the recovery. Families and personal representatives often need to address the wrongful death claim and the estate process at the same time. A lawyer handling a wrongful death claim can help clarify whether settlement proceeds are likely to pass through the estate and how that may affect what the family ultimately receives.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Underride truck accidents can lead to catastrophic injuries]]> https://www.toweandfitzpatrick.com/?p=255097 2026-07-14T19:41:22Z 2026-07-14T19:41:22Z How underride accidents happen Underride crashes can occur in multiple ways, and all pose a risk of life‑altering injuries. Among the most common are the following:
  • Rear‑end impacts: A vehicle strikes the back of a truck with inadequate underride guards.
  • Side collisions: A truck turns or crosses a roadway and a smaller vehicle becomes trapped underneath.
  • Multi‑vehicle crashes: A car is pushed into a truck during chain‑reaction events.
When the resulting harm is severe or catastrophic, you need every penny of your deserved compensation.

Injuries linked to underride crashes

Underride collisions frequently cause catastrophic harm because the upper portion of the smaller vehicle absorbs the force.
  • Traumatic brain injuries
  • Crushing injuries
  • Severe spine trauma
  • Serious chest injuries
Many underride victims may face long recovery periods, permanent disability and extensive or permanent medical needs after these events.

Safety and liability factors

Truck accidents that lead to an underride event raise questions about who is responsible for injuries. Liability depends on how the collision occurred and which safety measures were in place. Fault may involve a trucking company that failed to maintain guards, a driver who made an unsafe turn or another involved party. If your family was impacted in an underride truck accident, it is time to evaluate your next steps and seek legal guidance to preserve your claim.]]>