the advocates helping hand

Montana Bicycle Accident Lawyer


How do I know I have a case?

One of the easiest ways to know whether or not you have a case is if the other party involved in the accident was at fault. You also have to be able to demonstrate that you were injured in some way during the accident. Because each case is unique, giving our firm a call is one of the easiest ways to know whether or not you have a case. Your call will be directed to an attorney who can assess the specific details of your accident and help determine if you have a case.

How long will the process take?

Unfortunately, there isn’t a specific timeline. The process is really determined by the severity of your injuries and how long it takes you to heal. We don’t want to settle your case if you have not been released from treatment. You want to be sure that the at-fault insurance carrier pays all of your medical expenses resulting from the accident.

How much this cost me?

Good news for you is you do not have to pay anything out of pocket. We take your case on a contingency, which means that we only get paid if we settle your case. Our fee is a percentage of the total settlement amount that we get for you.

Bicycle Accident Settlements and Verdicts

Bicycle accidents can potentially cause severe injuries and possibly death. Bike accidents tend to result in worse injuries because of the lack of protection when colliding with a car. Even though drivers are expected to exercise caution when driving near bike riders, an accident can happen to almost anyone. Cities and states vary in their bicycle laws, but negligence is a fairly universal measure in bicycle accidents.

Negligence determines whether someone is liable in a bicycle accident (whether on the part of the driver or the cyclist). Negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” A helpful question would be, was the person acting careless in the way they caused injury to someone else? In bicycle cases, it is crucial to determine whether it was the car driver’s negligence that caused the bicycle accident to happen or the cyclist’s.

Certain factors are key in determining whether the cyclist or the driver was negligent. Often these factors are used to determine who was at fault. For instance, if the driver was speeding, driving in the bike lane, or running a stop light, this would constitute driver negligence. For bikers, running a stop sign, riding against oncoming traffic, failing to signal to drivers that you are moving, or making abrupt movement into traffic would be influential in determining the liability of the case.

Bicycle Accident Statistics in Montana

According to the National Highway Traffic Safety Administration (NHTSA), there were 726 cyclist fatalities in 2014. That is just under two deaths every day. Bicyclists make up about two percent of all vehicle crash deaths annually. It is estimated roughly one percent of all trips taken in the U.S. are by bicycle according to the Centers for Disease Control and Prevention (CDC). Majority of these deaths are related to head injuries according to the Insurance Institute for Highway Safety (IIHS). This demonstrates the importance of helmet use for bicyclists.

The overall number of bicycle accidents that result in injury (not death) is difficult to determine because non-fatal accidents often go unreported. The number of estimated injuries was roughly 50,000 in 2014. The number of injuries has hovered around 50,000 in recent year according to the Pedestrian and Bicycle Information Center. In past years, the number of injuries have been as high as 68,000 in 1993 and as low as 41,000 in 2003. Research also demonstrates that the number of bicycle crashes, causing injury recorded by police, is as low as 10 percent. Similarly, it is difficult to record the number of bicycle accidents that result in injury in the state of Montana.

In Montana, bicycling is becoming increasingly popular. In fact, new laws have recently been clarified to reflect these changes. The number of people who are commuting to work via bicycle continues to rise. Accompanying the popularity is the need to increase safety measures. According to Montana’s Department of Public Health and Human Services, there were 78 people who were hospitalized for bicycle crashes in 2011. These injuries proved expensive costing 1.7 million dollars in hospital bills. The average bicycle injury in the state of Montana cost $22,000 in 2011. In addition, 24 people died from injuries sustained in a bicycle crash between 2002 and 2010. Of these deaths, 75% involved a collision with a motor vehicle.

How Would A Personal Injury Lawyer Help Me?

Bicycle accidents are always complicated. Victims are left with many challenging questions about liability and negligence. Everyone involved usually feels terrible afterword. After consulting with a doctor about your injuries, speaking with a personal injury attorney can be advantageous because they know the process. A personal injury attorney will be able to draw from past cases, similar to yours, and help you know what is best for you at that moment. They can council you on whether or not to pursue your case, whether or not a settlement is fair, etc. The Advocates Law will be there every step of the way. It is important to recognize that the skills of personal injury attorneys can help immensely following a bicycle accident and can prove well worth the money spent.

What Is My Personal Injury Case Worth?

The value of a personal injury case is handled on a case by case basis. Each case is different and has some elements that are uncommon in other cases. Because of this, we encourage you to speak with a personal injury attorney about the particulars of your case. He or she will evaluate your case and help you know what should be done and what course of action should be pursued. Generally speaking, bike accident cases are assessed based on current and future medical expenditures, lost earnings, as well as negligence. Each of these factors is accounted for in trying to determine what your case is worth.

Statute of Limitations

The state of Montana allows a three year deadline for personal injury claims. This deadline is known as the “statute of limitations.” This statute includes bicycle accidents. This signifies that if you are involved in a bicycle accident, you have three years from the date of the injury to pursue legal action. The deadline is rigid and cases presented after the deadline are dismissed.

Free Consultations / Contingency

If you or a loved one has been involved in a bicycle accident, you should give the Advocates Law a call. We offer free consultations. This means that you have access to information and answers that can help you through this challenging time. You can call, email, chat online, etc. When you call the Advocates Law, you are able to speak with an attorney immediately.
At the Advocates Law, our attorneys work on a contingency basis. This means you will not be charged unless you win your case.