Towe & Fitzpatrick, PLLC Missoula Personal Injury Attorney | Car Accident Injuries 2026-06-28T19:39:45Z https://www.toweandfitzpatrick.com/feed/atom/ WordPress /wp-content/uploads/sites/1503596/2022/09/cropped-site-identity-tf-32x32.jpg On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Gathering evidence after a retail shop slip-and-fall]]> https://www.toweandfitzpatrick.com/?p=255096 2026-06-28T19:39:45Z 2026-06-28T19:39:45Z 1. 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=255093 2026-06-18T11:06:55Z 2026-06-18T11:06:55Z A 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=255083 2026-06-17T16:41:45Z 2026-06-17T16:41:45Z Montana 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=255076 2026-05-22T15:55:04Z 2026-05-22T15:55:04Z Semitrucks 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=255073 2026-05-22T08:13:53Z 2026-05-22T08:13:53Z Not 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.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[PTSD can occur after a car crash]]> https://www.toweandfitzpatrick.com/?p=255060 2026-05-08T21:31:27Z 2026-05-08T21:31:27Z Many people know that car crashes can lead to catastrophic injuries, such as spinal cord or brain injuries. But those aren’t the only injuries that can occur. In some cases, car wrecks can lead to emotional changes that can last a long time. This can lead to the person replaying the crash in their mind or feeling panicked if they have to get out in traffic.  Post-traumatic stress disorder (PTSD) can sometimes occur after a car crash, particularly if it’s a serious crash. If the crash involved pain, trapped occupants, children or a fatality, iy can leave lasting psychological symptoms. 

PTSD can be hard to spot

PTSD symptoms can be hard to notice. They sometimes include intrusive memories, flashbacks, nightmares and a desire to avoid reminders of the crash. Some people may suffer from anxiety, sleep problems, guilt or emotional numbness. In some cases, a person with PTSD because of a crash may stop driving, avoid the area where the crash occurred or avoid getting into vehicles.  The symptoms of PTSD can have profound effects on the victim’s family life and ability to continue working. Being unable to drive or travel in a vehicle can severely limit those, and it can make it impossible to get medical care or go to mental health appointments.  Because people are typically focused on physical injuries and property damage after a crash, they may not realize how the wreck has impacted their mental health. PTSD is a serious condition that requires immediate attention, which can be long-term and costly. Victims may opt to pursue a compensation claim to assist with covering the financial damages caused by the crash.  ]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[6 long-term care costs you can claim after a Montana car accident]]> https://www.toweandfitzpatrick.com/?p=255059 2026-04-23T10:54:50Z 2026-04-23T10:54:50Z A serious car accident doesn't end when you leave the hospital. For many Montana crash victims, the costs can stretch far beyond emergency care. Catastrophic injuries can create bills that last a lifetime. Fortunately, Montana law lets you claim future medical expenses as part of your damages. This rule works to make sure you get what you need, no matter how long your recovery takes. The first step toward protecting yourself is knowing exactly what those expenses look like.

Know what long-term care costs you can recover

Knowing what you can claim helps you go after the money you deserve. Montana law allows you to pursue a wide range of long-term care costs. Here are six expenses you can recover:
  • Ongoing medical treatment: Extended recovery often means you need medical care long after your first hospital visit. These costs include follow-up surgeries, specialist consultations and regular doctor visits.
  • Rehabilitation services: Getting back on your feet after a serious injury takes regular, steady work. Examples include physical therapy, occupational therapy and other structured therapeutic programs.
  • Future medical care: Some injuries need treatment that goes on for years or even decades. Medical experts calculate these expected costs to cover medications, procedures and your future care needs.
  • Home and vehicle modifications: A catastrophic injury may change how you get around each day. Recoverable costs include wheelchair ramps, stairlifts and specialized vehicle hand controls.
  • Prosthetic devices: If your injury calls for a prosthetic limb or device, you can recover both the upfront cost and future replacement expenses. Examples include prosthetic arms, legs and other tools you rely on every day.
  • In-home care and assistance: When injuries stop you from handling everyday tasks, you need outside help. You can claim costs for nursing services, home health aides and assistance with childcare or yard work.
Together, these six categories cover a wide range of needs that may come up during your long-term recovery. Each one stands for a real cost that Montana law recognizes as part of making you whole again.

You deserve to be whole, no matter how long it takes

With so much at stake, knowing your rights is one of the most powerful tools you have. Your path to recovery is about more than just healing physically. It is also about making sure your future stays secure. Fortunately, Montana law is there to protect you and the more you understand about what you can claim, the better placed you will be to make choices that serve your long-term health and stability.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Can a trucking company be responsible for a crash?]]> https://www.toweandfitzpatrick.com/?p=255057 2026-04-22T16:12:08Z 2026-04-22T16:12:08Z When a truck accident occurs, the driver is typically the first party to be held responsible. While a truck driver error can cause an accident, at times, another party may be partly or wholly to blame for a truck crash. The trucking company is one of those parties. Some of the ways a trucking company can contribute to an accident are:

Negligent hiring and inadequate training

A trucking company that rushes through the hiring process may put unqualified drivers behind the wheel. For instance, when a company fails to check driving records, conduct background checks or perform pre-employment drug testing. After hiring a driver, a company may also fail to offer adequate training on handling a truck, conducting pre-trip inspections, handling cargo, hours of service (HOS) regulations, safety measures and emergency response.  Companies often negligently hire drivers or fail to offer adequate training to address the ongoing driver shortage issue. This decision usually endangers other road users.

Prioritizing profits over safety

A significant percentage of truckers in the U.S. believe trucking companies place higher importance on profit than on their protection. This is seen when drivers are pushed to exceed HOS to maximize delivery, encouraged to speed to meet unrealistic deadlines or paid using compensation methods that encourage risky behaviors, such as pay-per-mile or offering bonuses for completing deliveries ahead of schedule.

Poor vehicle maintenance

A trucking company that skips routine inspections and maintenance risks its drivers and other road users. Mechanical failures, such as brake failures, tire blowouts, steering and suspension issues and lighting/signal failures, cause many accidents.  Cutting costs and maximizing uptime are some of the reasons behind a company skipping routine maintenance. Some trucking companies make decisions that can lead to harm. If you are injured in a truck accident, it’s important to understand how to determine who is liable and how to hold them responsible.  ]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[Why older people shouldn’t ignore a broken rib after a car crash]]> https://www.toweandfitzpatrick.com/?p=255046 2026-04-03T20:00:31Z 2026-04-03T20:00:30Z People in their senior years who have been involved in a car crash often find that their injuries have more serious consequences than those same injuries would for a younger person. Traumatic brain injuries, for example, can have especially serious effects on older people. Broken ribs are a common injury suffered in car crashes (even when a vehicle has air bags), as well as falls and other types of accidents. Sometimes, even the force of the seat belt against the chest in a sudden or high-speed violent crash can cause one or more rib fractures. Seniors are more likely to suffer rib fractures in a crash than younger people because of the loss of bone density that occurs with age.

Even a single rib fracture can be dangerous as people age

Although the risk of mortality increases with the number of ribs that are fractured, a doctor involved in one study said one fractured rib in an elderly person can be as dangerous as eight broken ribs in a middle-aged person. Broken ribs often heal on their own, although they can be extremely painful in the meantime. However, if they aren’t evaluated by a doctor and properly treated, they can lead to serious respiratory complications. That’s in part because the fracture makes it painful to breathe or cough. Therefore, people with one or more broken ribs take smaller breaths and try to stifle their coughs. This can cause lung secretions to build up – possibly leading to pneumonia. Not only are older people at increased risk for pneumonia anyway, but it can be especially dangerous for them.

Early medical evaluation can be crucial to a person’s recovery – and compensation

This increased risk of dangerous outcomes from a broken rib is just one example of why older people need to get a medical evaluation as soon as possible if they’re involved in a crash – even if they don’t believe they’ve been seriously injured. The sooner someone is evaluated, the easier it is to link any injuries to the crash. That can make a big difference in a person’s success in seeking compensation to cover short-term and long-term medical expenses from an at-fault driver. Another important step is to get experienced legal guidance as soon as possible.]]> On Behalf of Towe & Fitzpatrick, PLLC <![CDATA[2 property maintenance issues that can lead to injury claims]]> https://www.toweandfitzpatrick.com/?p=255041 2026-03-18T04:40:43Z 2026-03-18T04:40:43Z Broken stairs, railings or structural walking surfaces You often rely on stairs, ramps and walkways when entering or leaving a property. Structural defects can create sudden hazards during normal movement. Examples may include:
  • Cracked steps that shift under weight
  • Loose or missing stair handrails
  • Damaged balcony guardrails
  • Uneven concrete walkways in shared areas
When you encounter defects like these, your balance may change quickly. Investigators sometimes review inspection practices and repair history. These details may help clarify whether maintenance issues played a role in the incident. In some situations, those conditions may support a premises liability claim.

Inadequate lighting and security conditions

You may expect clear visibility when you move through stairwells, hallways or parking areas. Lighting problems can limit what you see. As a result, safety concerns may increase in shared spaces. Poor maintenance may include broken exterior lights, dark entryways or damaged door locks. Missing security measures in certain locations may also raise questions about property conditions. When these issues remain unresolved, investigators may examine whether someone addressed known safety risks.

Points to review after a property-related injury in Montana

Property maintenance problems can raise questions about safety and responsibility. If an injury occurs in Montana, state law often allows three years from the date of the injury to bring a personal injury claim. Because of that window, you may want to document the condition of the property soon after the incident. Photos of the area, witness names and medical records may help preserve key details. These steps may help you decide whether a premises liability claim may deserve closer review.]]>