No one ever plans on having a car accident. When it happens, an injured victim can feel shock, confusion and anxiety about medical expenses, lost time from work, and future pain and disability. Fortunately, those who are injured in an auto accident caused by a negligent driver have legal remedies under Montana law.
Recently in Helena, a woman was injured in a three-car chain reaction collision. The woman, driving a Toyota hatchback, had pulled to a stop behind a Cadillac sedan that was waiting for oncoming traffic to clear before turning left. A Chevy Silverado approaching from behind failed to stop and rear-ended the woman’s Toyota, causing it to rear-end the Cadillac.
The woman was taken by ambulance to a local hospital. Fortunately, her injuries were not considered life-threatening.
Montana law allows a person injured in a car accident caused by negligence to bring a claim for monetary compensation. The victim must first prove liability on the part of the allegedly negligent driver who caused the collision. In many cases rear-end collisions are caused by a distracted driver. The law imposes a duty on all drivers to focus their attention on the task of driving and keep a proper lookout for stopped vehicles. Failure to do so is considered negligence.
In addition to proving negligence, the victim must prove they sustained monetary damages, and prove the amount of those damages. Damages can be recovered for loss of income, costs of medical care, pain and suffering and out-of-pocket expenses. In most cases the insurance company for the negligent driver will cover the damages, up to the policy’s liability limits.
Source: Helena Independent Record, “Three-car crash on North Montana Avenue sends woman to hospital,” Tom Kuglin, May 6, 2014