When you are injured in a truck accident, it can disrupt every aspect of your life.
The jarring impact of a commercial truck accident can feel like it stops time. In the moments, days, and weeks that follow, it may seem impossible to find a path forward. If you or a loved one was injured in a collision with a truck on one of Billings' busy roadways, you may be dealing with severe injuries, lost income, and overwhelming stress.
The road to recovery can be long, but understanding your rights is the first step toward getting your life back. A collision with a semi-truck is not the same as a typical car accident, and the process of seeking accountability can be incredibly complex. Rimrock Law can help. When you are ready to explore your options, our dedicated Billings truck accident attorney can help you navigate the road ahead and advocate for your recovery.
Why Choose Rimrock Law for Your Billings Truck Accident Claim
After a serious truck accident, choosing a legal team to stand with you is a significant decision. You need a firm that understands the local landscape and the unique challenges of Montana law. At Rimrock Law, we believe that while you focus on healing, our team can focus on the fight for your recovery. We are committed to being the advocates you can count on during this difficult time.
Our approach to handling your case is built on a foundation of trust, communication, and a deep understanding of what you are going through. We know the profound impact an injury can have on your life, from your finances to your family.
Here is what you can expect when you work with our team:
- A Client-Centered Focus: Your well-being is our priority. We take the time to listen to your story, understand your goals, and keep you informed every step of the way. You are more than a case number; you are a member of our community we are determined to help.
- A Team of Determined Advocates: Our lawyers work together, combining our experience and knowledge to build the strongest possible case on your behalf. We prepare every case as if it might go to trial, showing insurance companies that we are serious about securing full compensation in your case.
- Local Montana Knowledge: We have handled hundreds of injury cases across Montana. We understand the state’s legal system, its courts, and how to effectively navigate the claims process right here in Billings.
We are proud to be Montana’s injury lawyers, and we are committed to providing the supportive and dedicated representation you need to move forward.
Who May Be Held Liable in a Truck Accident Claim
One of the most complicated aspects of a truck accident case is figuring out who is responsible. Unlike a crash between two passenger cars, a commercial truck accident can involve multiple parties who may share the blame. A thorough investigation is essential to identify everyone who played a role in causing your injuries. A Billings truck accident lawyer can help untangle this complex web of liability.
Potential at-fault parties in a truck accident claim may include:
- The Truck Driver: A driver might be held responsible for errors like speeding, distracted driving, driving under the influence, or violating federal safety regulations.
- The Trucking Company (Motor Carrier): The company that employs the driver could be liable for negligent hiring practices, inadequate training, or encouraging drivers to violate safety rules to meet deadlines.
- The Truck’s Owner: Sometimes the trucking company doesn't own the cab or trailer. If poor maintenance or defective equipment on the truck itself contributed to the crash, the owner could be held accountable.
- The Cargo Shipper or Loader: If the truck’s cargo was improperly loaded, unbalanced, or not secured correctly, it could shift during transit and cause the driver to lose control. The company responsible for loading the freight may be at fault.
- A Parts Manufacturer: If the accident was caused by a faulty part on the truck, such as brake failure or a tire blowout, the manufacturer of that component could be held liable for producing a defective product.
- A Maintenance Company: Third-party mechanics are often hired to service and repair commercial trucks. If they performed shoddy work or failed to identify a dangerous issue, their negligence could be a direct cause of the accident.
Identifying all responsible parties is crucial because it can open up additional sources of compensation for your injuries and losses.
How Our Lawyers Prove Negligence in a Truck Accident Case
In Montana, most personal injury claims, including those from truck accidents, are based on a legal concept called "negligence." Simply put, negligence is the failure to act with a reasonable level of care, which in turn causes harm to another person. To have a successful claim, your Billings truck accident lawyer must prove that another party was negligent and that their negligence directly led to your injuries.
According to Montana law, there are four key elements we must establish to prove a negligence claim:
- Duty of Care: We must first show that the at-fault party owed you a legal duty of care. For example, a truck driver has a duty to operate their vehicle safely and follow traffic laws to protect other people on the road, as outlined by state law and federal regulations from the Federal Motor Carrier Safety Administration (FMCSA).
- Breach of Duty: Next, we must prove that the party violated, or "breached," that duty. This could be a driver who was texting, a trucking company that skipped a required vehicle inspection, or a manufacturer that sold faulty brakes.
- Causation: We then must connect that breach of duty directly to the accident and your injuries. It is not enough to show the driver was speeding; we have to show that their speeding is what caused the collision that harmed you.
- Damages: Finally, we must demonstrate that you suffered actual losses, known as damages, because of the accident. These damages include things like your medical bills, lost wages from being unable to work, and your physical pain and emotional suffering.
Proving these four elements requires a deep investigation, gathering evidence like police reports, driver logs, vehicle maintenance records, and witness statements to build a strong foundation for your claim.
Experience
Over 80 years of law and resolving civil litigation cases across the nation.
Success
We have recovered millions of dollars in damages for clients.
Reputation
Matt Braukmann, James Dallner and Phill Lorenzo have been practicing law for a combined 80 years. Together and individually, they have built a reputation of trust, integrity, grit – everything you want in a civil litigation lawyer.
The Insurance Company Made Me an Offer. Should I Take It?
It is common for an insurance adjuster from the trucking company to contact you shortly after an accident and make a settlement offer. They might sound friendly and concerned, and the idea of receiving money quickly can be very tempting, especially when medical bills are piling up. However, it is important to proceed with caution. The first offer is almost always far less than what your claim is actually worth.
Insurance adjusters work for the insurance company, and their primary goal is to protect their company's bottom line by paying out as little as possible. They know you are in a vulnerable position and may not understand the full extent of your future expenses. An early offer rarely accounts for the long-term consequences of a serious injury.
Before you accept any offer or sign any paperwork, it is wise to discuss your situation with a Billings truck accident lawyer. An experienced legal advocate can help you by:
- Investigating the Full Scope of Your Losses: We can work with medical and financial professionals to calculate not just your current bills, but also the costs of future medical treatments, rehabilitation, lost earning capacity, and long-term care you may need.
- Handling All Communications: We can take over all communications with the insurance company, protecting you from pressure tactics and preventing you from accidentally saying something that could weaken your claim.
- Negotiating for a Fair Settlement: Armed with strong evidence and a clear understanding of your total damages, we can negotiate forcefully with the insurer to demand a settlement that truly covers everything you have lost.
Accepting a lowball offer means you lose the right to ask for more money later, even if your injuries turn out to be more severe than you initially thought.
Compensation Available in a Billings, MT Truck Accident Lawsuit
If you were injured due to someone else’s negligence, you have the right to seek compensation for the harm you have suffered. This compensation, also called "damages," is intended to help make you whole again from a financial perspective. In a Montana truck accident claim, you may be able to recover compensation for several types of losses, which are generally broken down into two main categories.
These categories include both tangible and intangible losses that result from the accident.
- Economic Damages: These are the specific, calculable financial losses you have incurred. This includes things like all past and future medical expenses, lost wages and income, loss of future earning capacity if you cannot return to your previous job, and the cost to repair or replace your vehicle.
- Non-Economic Damages: These damages are for the intangible, personal losses that do not have a set price tag but have a profound impact on your life. This includes compensation for your physical pain and suffering, emotional distress, loss of enjoyment of life, scarring or disfigurement, and the impact on your personal relationships.
Occupants of passenger vehicles are significantly more likely to suffer serious injuries or fatalities in crashes with large trucks. This is why it is so important that any compensation you receive fully accounts for both the economic and non-economic toll the accident has taken on you and your family. Your Billings truck accident attorney can help document these losses to build a comprehensive demand for damages.
FAQ for Billings Truck Accident Lawyer
We understand you have many questions right now, and finding clear answers is an important part of the healing process. Here are some common questions we hear from people in your situation.
What if I was partially at fault for the truck accident in Montana?
Montana follows a “modified comparative negligence” rule, as defined in MCA 27-1-702. This means you can still recover damages as long as your percentage of fault is not 51% or greater. If you are found to be partially at fault, your final compensation award will be reduced by your percentage of fault.
How long do I have to file a truck accident claim in Montana?
In Montana, the time limit for filing a personal injury lawsuit, known as the statute of limitations, is generally three years from the date of the accident. This is outlined in MCA 27-2-204. It is very important to act within this timeframe, because if you miss the deadline, you will likely lose your right to seek compensation forever.
What kind of evidence is important in a truck accident case?
Crucial evidence often includes the truck’s “black box” data recorder, the driver’s logbooks, drug and alcohol test results, the trucking company’s hiring and training records, vehicle inspection and maintenance reports, photos and videos from the scene, and testimony from witnesses. An attorney can act quickly to preserve this evidence before it is lost or destroyed.
Do I have to go to court for my truck accident claim?
The vast majority of truck accident claims are resolved through a negotiated settlement without ever going to trial. However, preparing a case as if it will go to court is the best way to show the insurance company you are serious. This strong preparation often leads to a better settlement offer. If a fair offer is not made, being ready for court is your strongest leverage.
How much does it cost to hire a Billings truck accident lawyer?
Most personal injury law firms, including Rimrock Law, handle truck accident cases on a contingency fee basis. This means you do not pay any attorney’s fees upfront. We only get paid if we successfully recover compensation for you, either through a settlement or a court verdict. Our fee is a percentage of the total amount recovered.
Contact Our Trusted Truck Accident Lawyers Today
If you or your loved one suffered injuries in a trucking accident, understand that you do not have to carry this burden by yourself. While you focus on your physical and emotional recovery, let the dedicated team of personal injury lawyers in Billing, MT at Rimrock Law handle the legal details. We are here to be your advocates, to answer your questions, and to fight for the accountability and resources you need to rebuild your life. We know how the system works in Montana, and we are ready to put our experience to work for you.
If you have been injured in a truck accident, please contact our Billings truck accident lawyers at (406) 606-1650 or through our online form for a free, no-obligation consultation.