According to the National Highway Traffic Safety Administration, in 2005, there were an estimated 6,159,000 police-reported traffic accidents, in which 43,443 people were killed and some 2,699,000 others were injured. Careless drivers are a nationwide problem, and Montana is no exception.

Automobile accident cases are the most common type of personal injury case in our courts. This comes as no surprise – the NHTSA has determined that every 10 seconds, someone in the United States is involved in a car accident. In Montana, these cases are typically governed by the law of negligence. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." In other words, they must act as any other reasonable individual would under the circumstances before him. Montana drivers must also comply with a number of statutory duties related to speed, operating one’s vehicle in a careful and prudent manner, lane changes, signaling, etc. When a driver violates one of these statutes and causes an accident, he or she is also negligent. This is known as “negligence per se.”

A person who negligently operates a motor vehicle may be required to pay for harm to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. If you have been involved in a motor vehicle accident, do not hesitate to seek legal counsel from a personal injury attorney experienced in automobile accident cases in order to best protect your interests.

Injuries and Compensation
Anyone injured through the fault of another is entitled to compensation. The type and amount of compensation varies from case to case and depends upon any number of factors – including the type and severity of injury, the permanence of injury and the damages that naturally flow from it. With these things in mind, an injured person may be entitled to the following damages:

• Property damage
• Past and future medical expenses
• Past and future lost wages
• Past and future pain and suffering
• Past and future emotional distress
• Physical impairment, disfigurement or scarring
• Loss of enjoyment of life
• Loss of established course of life
• Loss of love, affection and/or assistance (also known as “loss of consortium”)

This list is not exhaustive. The type and amount of damages always depends on the case. It is your attorney’s obligation to properly prepare your case and determine what these damages are.