If you were hurt in a rear-end car crash, you can seek compensation based on the at-fault party’s negligence. While filing a claim may seem straightforward, the process rarely is. It is easy to make multiple mistakes that keep you from claiming fair compensation.
Learning more about the legal nuances of damage recovery in rear-end car accidents in Missoula can help you make the right decisions. You need to strongly consider working with a dedicated car accident attorney to get the compensation you deserve.
Rear-end car accidents frequently occur in Missoula, whether at high speeds on I-90 or at low speeds in parking lots like the Montana Antique Mall. Even minor collisions can cause serious injuries. Common causes include:
Depending on the cause of the accident, one or several parties may be at fault. Our attorneys can conduct an investigation and determine who is responsible. This can help the injured person file the right claim on time.
In Missoula, rear-end car accidents are not always straightforward. Many nuances can point to other responsible people or entities, even when the at-fault party seems obvious. Besides the rear driver, other liable parties may be:
The driver of the car in front may share responsibility if they acted negligently. For example, if they made sudden and unnecessary stop or reversed unexpectedly. Broken tail lights could also make the lead driver liable.
If a third vehicle hits the rear car, pushing it into the lead vehicle, the driver of the third vehicle may be held responsible.
Rear-end auto accidents in Missoula can sometimes be caused by defective parts or mechanical failures, placing liability on the vehicle’s manufacturer if a malfunctioning component contributed to the crash.
Lack of signage or failure to repair hazardous conditions like potholes can make government agencies or contractors responsible.
Montana follows a modified comparative negligence rule with a 51% limit. According to Montana Code Section 27-1-702, the injured party can still recover damages if their share of the fault in the crash is 50% or less.
In Missoula, if the first driver brakes dangerously on the highway and the second driver rear-ends them, causing an accident, the court may decide that the first driver is 20% liable for the crash. This means they can still recover damages, but only 80%. Meanwhile, the second driver, who is more than 50% responsible, cannot claim compensation.
Rear-end car accidents in Missoula can cause serious injuries. If you were involved in a crash with a negligent driver, it is important to work with one of our experienced attorneys.
At Rhoades & Erickson PLLC, we have decades of experience helping injured people fight for their money. Call us for a free case consultation today.