Learn about your rights if a loved one was fatally injured in a car accident due to negligence in Great Falls, MT
Losing a loved one in a car accident is a heartache that no one can prepare for. Here in Montana, where roadways stretch across beautiful but often challenging landscapes, fatal accidents happen far too frequently, leaving families facing sudden and overwhelming losses. For those grieving, the pain is not only emotional but often layered with financial and legal burdens that add to an already difficult situation.
In such a trying time, it’s important to understand that you have rights and options to pursue justice and compensation for your loss. Filing a wrongful death claim can be a way to address the financial burdens you’re left with, including medical bills, funeral expenses, and lost income. The process can be complex, especially when you’re dealing with immense grief, which is one reason why seeking experienced legal guidance can make all the difference.
At Murphy Law Firm, our compassionate Great Falls wrongful death attorneys are here to support you and help you understand each step in the legal process. Reach out to schedule a free consultation where we can discuss your situation and work together to pursue the justice and compensation your loved one deserves.
What causes fatal car accidents?
According to the Insurance Institute for Highway Safety, there were 213 deaths in vehicle accidents in Montana in 2022. Whether a work-related car crash or an accident that happens while running daily errands, these fatal car accidents can happen to anyone at any time, and many are preventable.
In fact, the National Highway Traffic and Safety Administration reports that in almost half (45%) of fatal crashes, drivers were involved in at least one of these unsafe behaviors: speeding, drunk driving, or not wearing seat belts.
Other common causes of preventable fatal car crashes include the following:
- Distracted driving. Activities like texting and driving, talking on the phone, eating, or using in-car entertainment divert a driver’s attention from the road, often leading to fatal outcomes.
- Reckless driving. Aggressive behaviors like tailgating, weaving through traffic, brake-checking, or ignoring traffic signals reduce control over the vehicle and create unpredictable and unsafe road conditions for everyone.
- Drowsy driving. Driving while fatigued impairs reaction times and decision-making abilities, posing similar risks to driving under the influence of alcohol.
- Failure to obey traffic signals and signs. Ignoring stop signs, running red lights, or failing to yield can lead to serious crashes, especially at intersections where other vehicles or pedestrians may be present.
- Hazardous road and weather conditions. Icy, wet, or poorly maintained roads, combined with inadequate signage, create dangerous driving environments that can lead to serious accidents. Adverse weather conditions, such as rain, fog, and snow, further reduce visibility and make roads slippery, significantly increasing the risk of accidents and fatalities.
In all of these situations, if another driver’s negligent or careless behaviors led to the crash that killed your loved one, that driver can be held liable under Montana law through a wrongful death lawsuit.
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What types of car crashes are more likely to be fatal?
Certain types of car accidents carry a higher risk of fatal outcomes due to the forces involved, the vulnerability of those impacted, and the nature of the collision. According to the National Safety Council, some of the most dangerous types of crashes that often lead to severe or fatal injuries include:
- T-bone crashes. When one vehicle strikes the side of another, the occupants on the impacted side are at a higher risk for severe injuries and death due to minimal side protection. These crashes killed about 8,800 people in 2022, representing 44.9% of fatal crashes in the U.S.
- Head-on collisions. When two vehicles collide front-to-front, the combined impact force can be deadly, especially at high speeds. These accidents accounted for about 5,800 car crash fatalities (or 29.6%) in the U.S. in 2022.
- Rear-end collisions. Rear-end crashes at high speeds can lead to severe injuries or fatalities, particularly for occupants in the struck vehicle, who may experience whiplash or head trauma. These accidents accounted for about 3,400 car crash fatalities in 2022 (17.3%).
- Side-swipe collisions. In these collisions, one vehicle impacts the side of another, potentially causing the impacted car to lose control, resulting in dangerous multi-directional forces. In 2022, these accidents were to blame for about 8.2% of fatal car crashes (1,600).
Certain types of crashes—like pileups, rollovers, and collisions with large trucks—are especially dangerous due to the increased forces and potential for multiple impacts, which can lead to higher likelihoods of catastrophic injuries and fatalities.
How do I file a wrongful death lawsuit in Montana?
In Montana, the legal process allows grieving families to hold responsible parties accountable and potentially ease the financial burdens that arise from an untimely loss. While navigating a wrongful death lawsuit can be complex and emotionally taxing, the guidance of an experienced attorney can help ensure that your case is handled with the care and thoroughness it deserves.
Below are the basic steps to file a wrongful death lawsuit in Montana:
- Appoint a personal representative. Under Montana law, a wrongful death claim must be filed by the personal representative of the deceased’s estate, known as the “executor.” This person will be responsible for managing the legal process on behalf of the surviving family members.
- Consult with a skilled attorney. Working with a local Montana wrongful death attorney is key because they can provide essential support throughout the process. They can handle the complexities of the case, from gathering evidence to negotiating on your behalf, allowing you to focus on healing.
- Gather evidence to establish negligence. With the help of your attorney, collect all relevant documentation, including medical records, police reports, witness statements, and financial records. This evidence will be essential to show liability and convey the impact of the loss on surviving family members.
- File the claim within the statute of limitations. In Montana, the statute of limitations for wrongful death claims is generally 3 years from the date of death. Meeting this deadline is essential to preserving your right to compensation.
- Proceed through legal channels. After filing, the process may involve negotiations, mediation, and possibly a trial. An attorney will be there to guide you, advocating on your behalf at each step to help you achieve a fair outcome.
Filing a wrongful death claim is not always an easy decision, but seeking legal guidance during this process can bring a sense of justice and provide some financial relief, helping families find a path forward in the face of a profound loss.
Types of Wrongful Death Damages in Montana
Learn about the different types of compensation family members may be entitled to through a wrongful death lawsuit in Montana.
How do I prove fault in a wrongful death car accident?
Proving fault after a car accident that results in wrongful death starts with establishing that the other driver had a duty of care to operate their vehicle safely, which is fairly easy since all drivers owe this duty to each other. After this, you must establish the following with the help of your attorney:
- Breach of duty. You must demonstrate that the driver failed to uphold their duty of care by acting negligently (e.g., speeding, texting, running a red light, or driving under the influence). Police reports, witness statements, and camera footage can support this claim.
- Causation. You must prove that the breach of duty directly led to the fatal accident. For example, if the driver was texting and rear-ended another vehicle, this distraction can be shown to have caused the crash.
- Damages. Finally, you must prove that the accident resulted in financial and emotional damages, such as loss of income, medical expenses, funeral costs, and pain and suffering for family members.
It’s important to note that it’s wise for family members to exercise caution when using social media during a lawsuit. Posts, photos, or comments made online can sometimes be used as evidence and may unintentionally impact the case. Even innocent posts can be misinterpreted or used to challenge the family’s claims.
To protect your case, consider limiting social media activity or consulting with your attorney before you post to ensure nothing jeopardizes your pursuit of justice.
What if my family member was partially to blame for a fatal car accident in Montana?
In wrongful death cases, liability isn’t always absolute. Fortunately, Montana’s comparative negligence rule allows families to pursue compensation even if it’s determined that an error by their loved one may have contributed to the accident. This rule provides a way to seek justice and financial recovery without dismissing the complexities of what may have happened.
Under Montana law, if the deceased was 50% or less responsible for the accident, the family is still eligible to receive compensation, but any award would be adjusted to reflect their loved one’s degree of responsibility. So, if the deceased is determined to be 10% responsible for the accident, the final award would be decreased by 10%.
Because assigned liability plays a significant role in the compensation family members can ultimately receive, it’s crucial to enlist the help of a qualified wrongful death attorney early on in the process to ensure your rights are protected.
Get the help you deserve from an experienced Montana wrongful death attorney
If you’re grieving the loss of a loved one due to someone else’s negligence in Montana, you don’t have to face the legal process alone. Pursuing a wrongful death claim can seem overwhelming, but it’s a step toward holding responsible parties accountable and securing the support your family needs.
At Murphy Law Firm, we understand the heartache of losing a loved one and are here to help you navigate this difficult journey with compassion and sensitivity. Our experienced Great Falls car accident attorneys have been thoughtfully guiding families through complex wrongful death claims for over 75 years. Let us handle the legal aspects of your claim so you can focus on healing and rebuilding your life.
Contact Murphy Law Firm today for a free consultation to learn how we can help you get the justice and compensation your family deserves.
References
Insurance Institute for Highway Safety. (2024, June). Fatality Facts 2018: State by state. IIHS-HLDI Crash Testing and Highway Safety. https://www.iihs.org/topics/fatality-statistics/detail/state-by-state#fatal-crash-totals
National Highway Traffic Safety Administration. (2022, March 2). NHTSA Releases 2020 Traffic Crash Data | NHTSA. www.nhtsa.gov. https://www.nhtsa.gov/press-releases/2020-traffic-crash-data-fatalities
National Safety Council. (2024). Type of Crash. Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/overview/type-of-crash/
