Towe & Fitzpatrick, PLLCMissoula Personal Injury Attorney | Car Accident Injuries2026-08-12T14:45:24Zhttps://www.toweandfitzpatrick.com/feed/atom/WordPress/wp-content/uploads/sites/1503596/2022/09/cropped-site-identity-tf-32x32.jpgOn Behalf of Towe & Fitzpatrick, PLLC<![CDATA[Railroad yard injuries: Common hazards and legal options]]>https://www.toweandfitzpatrick.com/?p=2551362026-08-12T14:45:24Z2026-08-12T14:45:24ZMontana'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=2551072026-08-02T05:49:27Z2026-08-02T05:49:27ZWhen 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=2551062026-07-31T16:02:17Z2026-07-31T16:02:17ZWho 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=2551052026-07-30T08:29:41Z2026-07-30T08:29:41ZWrongful 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=2550972026-07-14T19:41:22Z2026-07-14T19:41:22ZHow 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.]]>On Behalf of Towe & Fitzpatrick, PLLC<![CDATA[Gathering evidence after a retail shop slip-and-fall]]>https://www.toweandfitzpatrick.com/?p=2550962026-06-28T19:39:45Z2026-06-28T19:39:45Z1. Proof of negligence
Using a mobile phone to take pictures of a spill or document tripping hazards can establish that the company was negligent. The failure to address hazards in a timely fashion or to warn visitors about their presence can constitute negligence that makes a business liable for the injuries visitors sustain.
2. Proof of the incident
People who slip and fall should report the matter to the business before they leave. They may need to talk with the manager on duty and sign an incident report. Filing a formal report helps ensure the company has a record of the incident.
3. Proof of injuries
Even when people have visible injuries following a slip-and-fall, they likely need to see a medical professional. A doctor can diagnose and document their injuries. The injured person can use that evidence to validate that the slip-and-fall caused their injuries and medical expenses. Medical records can also prove that a slip-and-fall caused a loss of income.
Those intending to pursue premises liability claims after slip-and-fall incidents may need help holding businesses accountable. Working with a personal injury attorney can help people manage complicated commercial insurance claims or personal injury lawsuits.]]>On Behalf of Towe & Fitzpatrick, PLLC<![CDATA[Who is responsible after a multi-vehicle accident in Montana?]]>https://www.toweandfitzpatrick.com/?p=2550932026-06-18T11:06:55Z2026-06-18T11:06:55ZA multi-vehicle accident can turn an ordinary day into a stressful and overwhelming experience. In the moments after a chain-reaction collision, people often focus on immediate concerns such as injuries, medical care and the safety of everyone involved. As the dust settles, new questions can emerge about who caused the crash, how fault will be determined and what options may be available for recovering compensation.
Unlike a two-car accident, a collision involving several vehicles can be especially complicated. Multiple drivers may have played a role in the events leading up to the crash, making it more difficult to identify who bears responsibility. Understanding how Montana law determines fault can help injured drivers and passengers better understand their rights and legal options.
How Montana assigns fault after a chain-reaction crash
Montana follows a fault-based system for motor vehicle accidents. This means the person responsible for causing a crash may also be responsible for the resulting injuries and property damage.In a multi-vehicle accident, determining fault often requires a detailed investigation. Insurance companies, attorneys and law enforcement may review police reports, witness statements, photographs, vehicle damage and other evidence to piece together how the collision occurred.More than one driver may share responsibility. Montana uses a modified comparative negligence system. Under this rule, an injured person may recover damages if they are 50% or less responsible for the accident. However, any compensation may be reduced by that person's share of fault. For instance, a driver who suffers $100,000 in damages but bears 20% of the blame may recover up to $80,000. A person who is found more than 50% at fault generally cannot recover compensation from other parties.
Factors that may influence liability
Every accident presents unique circumstances. Investigators often examine several factors when determining who bears responsibility for a multi-vehicle crash.These factors may include:
Following too closely
Distracted driving
Speeding
Failure to yield
Unsafe lane changes
Driving under the influence
Poor weather or road conditions
Each factor can help explain how the collision unfolded and whether multiple parties share liability. Before pursuing a claim, it is important to understand how evidence and fault determinations may affect the outcome.
Taking the next step after a serious accident
Multi-vehicle accidents can create uncertainty at a time when people are already dealing with injuries, vehicle damage and financial stress. Seeking legal guidance as soon as possible can help preserve important rights and provide support tailored to a specific situation.]]>On Behalf of Towe & Fitzpatrick, PLLC<![CDATA[Stay safer during summer’s 100 deadly days]]>https://www.toweandfitzpatrick.com/?p=2550832026-06-17T16:41:45Z2026-06-17T16:41:45ZMontana drivers are in the middle of the stretch of months dubbed “100 deadliest days of summer” because of the heightened risks to motorists and their passengers. The period begins with Memorial Day weekend in May and runs throughout the summer before culminating on Labor Day night.The dangers are due to several variables that we break down below.
Young drivers with time to cruise
The roads are full of teenagers eager to drive with their newly acquired driver’s licenses. But their youthful exuberance, combined with their lack of experience behind the wheel, can lead to bad decisions with catastrophic consequences.
It’s construction season
During one of the busiest traveling times of the year, motorists must also cope with the delays, slowdowns and detours that occur along orange-coned construction zones. Tempers fray and incidents of road rage can ignite.
Summer is party time
For many, summertime is when everyone cuts loose and has fun with friends and family. Whether it’s a pickup game of baseball or a road trip to a river or mountain lake, these celebrations often involve drinking alcohol.There’s never a good reason to drink and drive, but some folks unfortunately still do. When they imbibe and drive, they put the lives and well-being of everyone in proximity to them at risk.
When safety fails
Remember that you are only as safe as the drivers beside you. Even doing everything right doesn’t preclude your getting injured in a summer collision. If you or your loved ones got hurt in a wreck, find your way to civil justice by filing a claim for damages.]]>On Behalf of Towe & Fitzpatrick, PLLC<![CDATA[Common causes of a semitruck crash]]>https://www.toweandfitzpatrick.com/?p=2550762026-05-22T15:55:04Z2026-05-22T15:55:04ZSemitrucks are one of the primary methods for hauling goods all across the country. These vehicles are large. They’re heavy, especially when they’re fully loaded. Because they share roadways with other vehicles, the truckers who operate them must do so in a safe manner.
Unfortunately, crashes involving semitrucks occur often. When the other vehicle is a smaller passenger vehicle, the occupants of that vehicle can suffer catastrophic injuries that require medical attention, which is costly. Those victims may opt to seek compensation, which requires naming a defendant. In order to name a defendant in these cases, the cause of the crash must be determined. This isn’t always easy to figure out, but knowing some of the more common causes might be beneficial.
Trucker error
Truckers sometimes make errors. They may be driving while fatigued because of tight deadlines or trucking company policies. They might be distracted because of communication from the dispatcher. Looking into why a trucker made an error may lead to discovering that there’s a defendant besides the trucker who should be named in the claim.
Equipment and cargo issues
Equipment and cargo issues can sometimes cause these crashes. Defective truck components, improperly installed or worn out can malfunction. Cargo may not be properly secured, which can lead to the trucker losing control of the rig or cargo coming off it and hitting vehicles or landing in the road. Victims of semitruck crashes only have a limited time to seek compensation. Working with someone who’s familiar with these matters may be beneficial since these cases usually pit the victim against a large company. ]]>On Behalf of Towe & Fitzpatrick, PLLC<![CDATA[Should you seek medical care after a minor car crash in Montana?]]>https://www.toweandfitzpatrick.com/?p=2550732026-05-22T08:13:53Z2026-05-22T08:13:53ZNot all injuries are obvious
Many injuries do not show symptoms right away. Adrenaline after a crash can hide pain for hours or even days. Soft tissue injuries like whiplash often take time to manifest, with neck pain and stiffness appearing a day or two after the accident. Concussions and other traumatic brain injuries can have delayed symptoms. This may include headaches, dizziness, confusion or difficulty concentrating.
Internal injuries may not be outwardly visible. Despite this, they can still be serious or life-threatening if untreated. By seeking medical evaluation promptly, you allow healthcare professionals to identify problems before they worsen. Early detection and treatment can prevent minor injuries from developing into chronic conditions that affect your quality of life for months or years.
Medical documentation supports insurance claims
Beyond health considerations, seeking medical care creates an important record connecting your injuries to the accident. Insurance companies often question delayed medical treatment. If you take too long to see a doctor, insurers may argue your injuries were not caused by the crash or are not serious.
Seeing a doctor right after a crash creates a clear medical record. This documentation shows that you took your injuries seriously and sought appropriate care without delay. These records become valuable evidence if you need to file an insurance claim or if disputes arise about the extent of your injuries.
Prompt care can determine your recovery
You might worry about medical bills from what seems like an unnecessary doctor visit. However, the cost of delaying treatment often exceeds the expense of an initial evaluation. Untreated injuries can worsen over time, requiring more extensive and expensive treatment later.
Additionally, gaps in medical care can weaken your position when dealing with insurance companies, potentially reducing the compensation available to cover your medical expenses and other losses.
Montana law generally requires you to take reasonable steps to minimize your damages. Seeking prompt medical care may help you fulfil this legal duty. This could prevent insurance companies from arguing that you failed to mitigate your injuries.
Early treatment may protect your future
By seeking prompt medical care after a minor car crash, you can protect your recovery – both physically and financially. Early evaluation allows you to address injuries before they worsen and strengthens your ability to document the full impact of the accident for any insurance claim.]]>