What to Do After a Motorcycle Accident in Montana

Motorcycle accidents happen fast. One moment you're riding through the Rockies or cruising along a Montana highway — the next, everything changes. If you or someone you love has been in a motorcycle crash in Montana, the steps you take in the hours and days that follow can make a real difference in your recovery and your legal options.

This guide walks you through exactly what to do, in plain language.

1. Get Safe and Call 911

Your first priority is your safety and the safety of anyone else involved. If you can move without causing further injury, get out of traffic. Call 911 immediately.

Montana law requires you to report any accident involving injury, death, or property damage over $1,000 (Montana Code Annotated § 61-7-108). A police report creates an official record — one that insurance companies and attorneys will rely on later. Do not skip this step.

While waiting for help:

• Don't remove your helmet until medical professionals arrive, unless you must for safety.
• Don't admit fault or apologize at the scene.
• Stay calm and let emergency responders do their job.

2. Seek Medical Attention Right Away

Even if you feel fine, go to the emergency room or urgent care. Adrenaline masks pain. Injuries like internal bleeding, traumatic brain injury, and spinal damage may not show symptoms for hours or even days.

A medical record from the day of the accident documents that your injuries are connected to the crash. Gaps in treatment can be used by insurance adjusters to argue that you weren't seriously hurt — or that something else caused your injuries.

Follow up with every doctor's appointment. Keep all your records.

3. Document Everything at the Scene

If you are physically able, gather as much information as possible before leaving the scene:

• Photos and video of the crash site, road conditions, your bike, all vehicles, and your visible injuries
• Contact information for the other driver(s) and any witnesses
• The other driver's insurance information and license plate number
• Badge numbers of responding officers

Also write down your own account of what happened as soon as you can — memory fades quickly.

4. Understand Montana's Fault System

Montana is a fault-based (tort) state. That means the driver who caused the accident is responsible for paying damages. You can file a claim against the at-fault driver's liability insurance.

Montana follows a modified comparative negligence rule (MCA § 27-1-702). This means:

• If you are found partially at fault, your compensation is reduced by your percentage of fault.
• If you are found 51% or more at fault, you cannot recover anything.

For motorcyclists, this matters a lot. Insurance companies sometimes try to blame riders for speeding, lane splitting, or not wearing visible gear — even when the other driver caused the crash. Having evidence from the scene protects you.

Montana does not have a mandatory helmet law for riders over 17, but helmet use (or non-use) could still be raised in a negligence argument. Talk to an attorney about how this might affect your case.

5. Be Careful With Insurance Companies

After the accident, the other driver's insurance company may contact you quickly. They may seem friendly and helpful. Their goal, however, is to settle your claim for as little as possible.

Here's what to keep in mind:

• Do not give a recorded statement before talking to an attorney.
• Do not accept a quick settlement offer without understanding the full extent of your injuries and future medical costs.
• Signing a release ends your claim permanently — even if new injuries appear later.

You can connect with our intake team here if you'd like help understanding your options before talking to an insurer.

6. Know Montana's Statute of Limitations

In Montana, you generally have 3 years from the date of the accident to file a personal injury lawsuit (MCA § 27-2-204). Miss this deadline and you typically lose your right to sue — no matter how strong your case is.

However, there are exceptions that can shorten or extend this window — for example, if a government vehicle was involved. Don't wait to learn what deadline applies to your situation.

Frequently Asked Questions

H3: Do I need a lawyer after a motorcycle accident in Montana?

You are not required to hire a lawyer, but having one often makes a significant difference in the outcome. Motorcycle accident claims involve complex fault arguments, serious injuries, and aggressive insurance tactics. Most personal injury attorneys work on contingency — meaning you pay nothing unless they recover money for you.

H3: What damages can I recover after a Montana motorcycle accident?

You may be eligible to recover medical expenses, lost wages, pain and suffering, property damage, and more — depending on the facts of your case. The amount varies based on fault, injuries, and available insurance coverage. No one can promise a specific outcome.

H3: What if the other driver was uninsured?

Montana requires insurers to offer uninsured/underinsured motorist (UM/UIM) coverage. If you purchased it, your own policy may cover some of your losses when the at-fault driver has no insurance or not enough. Review your policy or talk to an intake specialist for guidance.

H3: Can I still recover compensation if I wasn't wearing a helmet?

Possibly. Since Montana does not require helmets for riders over 17, not wearing one does not automatically bar you from recovery. However, the defense may argue it increased your head injuries. This is a fact-specific question — confirm with your attorney.

H3: How long does a motorcycle accident claim take in Montana?

It depends. Minor claims with clear liability may settle in a few months. Cases with serious injuries, disputed fault, or litigation can take a year or more. Rushing a settlement before you know the full scope of your injuries is rarely in your best interest.

Take the Next Step

A motorcycle accident can turn your life upside down. Medical bills pile up. You can't work. The insurance company is calling. Knowing your rights is the first step toward protecting them.

Talk to our 24/7 AI to see if you have a strong case — free, no obligation. → Start free intake