Fatal Car Accidents: Guide for Montana Families

When someone dies in a car accident, their family can pursue a wrongful death claim against the at-fault party to recover compensation for their losses. This legal action allows surviving family members to seek justice and regain financial stability after a tragedy.

A wrongful death lawyer guides the family through the claims process by building a case, proving the other party’s negligence, calculating the full extent of their damages, and negotiating a fair settlement.

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Key Takeaways for What Happens When Someone Dies in a Car Accident?

In Montana, the personal representative of the deceased’s estate must file any wrongful death claim.
Families may seek compensation for funeral expenses, medical bills, lost income, and the loss of companionship.
The investigation must establish that another party’s negligence directly caused the fatal accident.
Montana law generally gives you three years from the date of death to file a wrongful death lawsuit.
Speaking with an attorney helps you protect your rights and understand the value of your claim.

Who Holds Responsibility in a Fatal Car Accident?

After a fatal crash, investigators work to determine who caused it. While a negligent driver is often the focus, other parties may also bear responsibility for the accident. A thorough investigation uncovers all contributing factors to identify every responsible party.

This process of determining fault forms the foundation of a wrongful death claim and directly impacts what happens when someone dies in a car accident.

A Negligent Driver

Most fatal car accident wrongful death claims center on the actions of another driver. A driver who fails to operate their vehicle with reasonable care acts negligently. They and their insurance company may be held accountable if that negligence leads to a fatal collision.

Common examples of driver negligence include:

Distracted Driving: A driver texting, eating, or otherwise not paying attention to the road compromises their ability to react to hazards.
Impaired Driving: A person operating a vehicle under the influence of alcohol or drugs exhibits a clear disregard for the safety of others.
Reckless Driving: A driver who drives excessively fast, makes aggressive lane changes, or ignores traffic signals creates dangerous conditions.
Drowsy Driving: A fatigued driver presents a significant risk, with slowed reaction times and poor decision-making capabilities.

Other Liable Parties

Sometimes, parties other than the driver contribute to a fatal crash. For example, a vehicle manufacturer might be liable if a defective part, such as faulty brakes or a malfunctioning airbag, contributed to the death.

In other cases, a government entity may be responsible if it didn’t maintain safe road conditions, such as by failing to place adequate signage in a construction zone in Billings. A comprehensive legal review can reveal if your case involves more than just a single at-fault driver.

Examining Wrongful Death Claims in Montana

A wrongful death claim is a civil lawsuit filed by surviving family members after a loved one’s death resulted from someone else’s negligence or wrongful act. This legal action is separate from any criminal charges the at-fault party may face.

The claim seeks financial compensation for car accident victims, often called damages, to help the family manage the economic and emotional losses they now face.

Who Can File the Wrongful Death Claim?

Montana law specifies that the personal representative of the deceased person’s estate must bring the action. This individual, often named in the will or appointed by the court, acts on behalf of the surviving family members who stand to inherit from the estate or suffer damages from the death.

These beneficiaries typically include the surviving spouse, children, and parents. A wrongful death lawyer can help the family navigate the legal requirements for appointing a personal representative and filing the claim correctly.

The Types of Damages a Family Can Recover After a Fatal Car Accident

A heavily damaged white car after a serious collision on a city street, representing the aftermath of a fatal car accident in Montana.

Families face significant financial and emotional burdens after a fatal car accident. A wrongful death claim allows them to pursue compensation for these losses. These damages fall into different categories, each addressing a specific loss caused by the death.

Common examples include:

Funeral and Burial Expenses: This covers the reasonable costs of a funeral service, burial, or cremation for your loved one.
Loss of Future Income and Benefits: This damage compensates the family for the wages, salary, health insurance, and retirement benefits the deceased would have earned and contributed.
Sorrow and Mental Anguish: This payment addresses the profound grief and emotional suffering the surviving family members experience because of the death.
Loss of Companionship and Care: A claim may compensate spouses, children, and parents for the loss of their loved one’s love, comfort, guidance, and society.

Understanding a Survival Action in Montana

In some cases, a separate but related survival action can be filed. This action seeks to recover damages the deceased person suffered between the time of the accident and their death.

Montana law requires the personal representative to combine the wrongful death and survival actions into a single legal case. This rule ensures that a family can recover for every element of their loss without recovering the same damages twice.

A survival action can recover compensation for these losses:

Pre-Death Medical Bills: This covers the full cost of emergency services, hospitalization, surgeries, and any other medical care the deceased received for their injuries between the accident and their passing.
Pre-Death Lost Earnings: This action recovers the wages, salary, and other income the deceased person lost because they couldn’t work between their injury and death.
Conscious Pain and Suffering: These damages compensate the estate for the physical pain, emotional distress, and fear the deceased consciously experienced before they died.

The Statute of Limitations in Montana

In Montana, families have a limited time to take legal action after a loved one’s death. The statute of limitations generally requires the personal representative to file a wrongful death lawsuit within three years from the date of the person’s death.

This deadline is strict. If the representative doesn’t file a claim within this timeframe, the family typically loses its right to seek compensation forever.

Consult an attorney promptly to preserve your legal rights and begin the process. Acting quickly gives your attorney ample time to investigate what caused the car accident and build a strong claim.

5 Steps for Families To Take After a Fatal Car Accident

After the initial shock of losing a loved one, you face many difficult tasks. Taking organized steps can help you protect your family’s rights while you begin to process your loss. These actions focus on gathering information and securing legal guidance, not on reliving the trauma of the accident.

Act now to protect your claim:

Request the Official Police Report: Obtain a copy of the official accident report from the law enforcement agency that responded to the crash, such as the Billings Police Department or Montana Highway Patrol. This document contains crucial details about the accident, including the officer’s initial findings about how the crash occurred.
Organize All Documentation: Create a file to keep all accident-related documents together. This includes the death certificate, any medical bills from the emergency response, funeral and burial receipts, and any correspondence received from insurance companies.
Avoid Speaking With Insurance Adjusters: The at-fault driver’s insurance company may contact you shortly after the accident. You don’t have to give them a recorded statement. Politely decline to speak with them until you have consulted with an attorney, as their goal is to minimize what the company has to pay out on claims.
Stay Off Social Media: Refrain from posting any details about the accident or your loved one’s death on social media platforms. Insurance companies often monitor these sites for information they can use to contest your claim.
Consult a Wrongful Death Attorney: Contact a law firm that handles fatal car accident claims. A lawyer can explain your legal options, handle communication with insurance companies, and manage all aspects of your claim so you can focus on your family.

How a Lawyer Can Help After Someone Dies in a Car Accident

A judge’s gavel and stethoscope on a wooden desk, representing the connection between medical evidence and personal injury law in Montana.

When you’re grieving, facing a complex legal battle is an immense burden. A wrongful death attorney lifts that weight from your shoulders and manages every aspect of your case.

Their involvement provides you with the space to focus on your family while they work to secure your financial future and hold the responsible party accountable.

A lawyer assists your family in these critical ways:

Conducting an Investigation: Your lawyer won’t just rely on the police report. They’ll launch a private investigation to gather all available evidence, such as securing dashcam footage, interviewing witnesses, and hiring accident reconstruction experts to prove exactly how the crash happened and who was at fault.
Calculating Your Claim: An attorney may work with financial experts, such as economists and vocational specialists, to calculate your total damages accurately. This includes projecting your loved one’s lost future earnings and benefits, as well as placing a value on intangible losses like loss of companionship.
Handling All Insurance Company Communications: Your lawyer becomes the sole point of contact for the insurance companies. This protects you from adjusters who may use tactics to devalue your claim or pressure you into a quick, inadequate settlement.
Filing the Wrongful Death Lawsuit: If the insurance company refuses to offer a fair settlement, your lawyer can file a wrongful death lawsuit in civil court. They’ll handle all legal procedures, court deadlines, and pretrial motions to move your case toward a resolution.
Fighting for Compensation: Most wrongful death claims settle out of court through skilled negotiation. However, if a fair settlement cannot be reached, your attorney can represent your family’s interests at trial, presenting your case to a judge and jury.

FAQ for What Happens When Someone Dies in a Car Accident

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship. A survival action, in contrast, compensates the deceased’s estate for the losses the deceased person experienced before they died, including medical bills and conscious pain and suffering.

What if My Loved One Was Partially at Fault for the Accident?

Montana follows a modified comparative negligence rule, which means you can still recover damages as long as your loved one was not more than 50% responsible for the accident. However, the total compensation award gets reduced by your loved one’s percentage of fault.

What Happens if the At-Fault Driver Also Died in the Crash?

You can still pursue a wrongful death claim even if the at-fault driver died in the accident. The claim would proceed against their auto insurance policy. If your damages exceed the policy limits, the claim could then be made against the deceased driver’s estate.

When a Fatality Occurs, What Happens When Someone Dies in a Car Accident Involving an Uninsured Driver?

If the at-fault driver was uninsured, you may be able to file a claim through the Uninsured Motorist (UM) coverage on your own family’s auto insurance policy. Montana law requires insurers to offer this coverage. An attorney can review all applicable insurance policies to identify all sources of potential recovery.

How Long Does It Take To Resolve a Fatal Car Accident Claim?

The timeline for resolving a wrongful death claim varies based on the complexity of the case. A straightforward case with clear liability might settle in several months. A more complex case, especially one that proceeds to trial, can take much longer to resolve.

Let Us Fight for Your Family’s Future

Top Billings, MT Wrongful Death Attorney - Shane D. Colton, Esq.

Shane D. Colton, Billings Wrongful Death Lawyer

The loss of a loved one leaves a void that can never be filled. While no amount of compensation can undo this tragedy, holding the responsible party accountable can provide a sense of justice and the financial resources your family needs to move forward.

The dedicated team at Yellowstone Law is ready to help you navigate this difficult time with compassion and strength. We’ll handle the legal burdens so you can focus on healing. Call us today for free at (406) 259-9986 to learn how we can help your family.