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trucking accidents

MONTANA trucking ACCIDENT ATTORNEYS

If you have been injured in a trucking accident, you may be entitled to compensation. Contact AVA Law Group today for your free, no-obligation consultation.
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INJURED IN AN ACCIDENT?

AVA LAW GROUP CAN HELP

If you are from Montana or a traveler passing through and were injured in a trucking accident, you may be entitled to compensation. Talk to an AVA Law Expert today to understand all your options.
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Life on the Road

Trucking Accidents in Montana

Montana has an economy built around agriculture, energy production, and forestry. According to the Montana Department of Transportation, "96% percent of freight by weight in Montana moves by trucks, trains, and pipelines." 1 In 2021, the US Bureau of Economic Analysis ranked Montana as the seventh largest growing economy in the United States. 2
A robust economy depends on highway infrastructure that can sustain exporting the high-quality natural resources that only the Treasure State can provide. So it's not surprising that commercial trucking is the backbone of Montana's economy, with its winding country roads and sprawling highway.
While many federal and state laws regulate trucking safety, the high demand for transportation services and a shortage of drivers inevitably lead to more commercial trucks on the road that are not maintained and employees working long hours across the winding country roads and sprawling highways famous for the Big Sky State. And many times, overworked truckers are driving in less than adequate conditions, leading to devastating consequences.
Commercial trucking accidents are almost always violent and result in severe injury or death. Figuring out the details can also get complicated. It's hard to determine fault. Who's liable? The driver or their employer? Here's everything you need to know about commercial trucking accidents in Montana.

heavy commercial trucks

what is a Commercial Truck?

Federal and state laws regulate the trucking industry, and typically the truck's weight determines the type of laws commercial truck drivers must follow.
This category can include delivery trucks, 18-wheelers, dump trucks, big rigs, refrigerated trucks, tractor trailers, box trucks, semi trucks, and oil and gas trucks.
The National Highway Traffic Safety Administration defines large trucks as "any medium or heavy truck, excluding buses and motorhomes, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds."
According to the National Highway Traffic Safety Administration, "large trucks were more likely to be involved in fatal multiple-vehicle crashes as opposed to fatal single-vehicle crashes than were passenger vehicles." 3
Rain, snow, or shine, it's not uncommon to see a commercial truck hauling down a Montana highway in any season. But the high-speed limits of Montana highway combined with the state's famously unpredictable weather means that driving across Montana in a large truck means driving in the most precarious conditions.

COMMON CAUSES OF

Trucking Accidents

While there is no way to get rid of all trucking accidents on Montana roads, educating truckers and drivers of passenger vehicles about the reasons behind these deadly accidents can help keep Montana drivers safe. According to studies, most accidents involving commercial trucks occur on interstates and highways, two geographical areas Montana has in abundance. Yet, data indicates that only 3% of trucking accidents in the United States occur because of environmental factors such as fog, rain, etc. Even in terrible conditions, driver mistakes and errors are the most common cause of trucking accidents.
Data shows one or more bad decisions made by a driver caused about 38% of trucking accidents nationally. Another 28% of accidents occurred because of distracted driving. Montana data reflects this national average when it comes to trucking accidents. Whether driving too fast for the unpredictable Montana road conditions or just misjudging the speed of other vehicles on the road, an error in judgment (whether it's an error of the truck driver or another driver) is the leading cause of these deadly accidents in Montana.
Another major cause of trucking accidents is the lack of maintenance. According to the Federal Motor Carrier Safety Administration, up to 10% of commercial trucking accidents in the United States are due to vehicle failures such as brake failures, tire problems, or unexpected cargo shifts. 4

What's a Commercial Truck?

Federal and state laws regulate the trucking industry, and typically the truck's weight determines the type of laws commercial truck drivers must follow.
So what's considered a large truck?
The National Highway Traffic Safety Administration defines large trucks as "any medium or heavy truck, excluding buses and motorhomes, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds."
This category can include delivery trucks, 18-wheelers, dump trucks, big rigs, refrigerated trucks, tractor trailers, box trucks, semi trucks, and oil and gas trucks.
According to the National Highway Traffic Safety Administration, "large trucks were more likely to be involved in fatal multiple-vehicle crashes as opposed to fatal single-vehicle crashes than were passenger vehicles." 3
Rain, snow, or shine, it's not uncommon to see a commercial truck hauling down a Montana highway in any season. But the high-speed limits of Montana highway combined with the state's famously unpredictable weather means that driving across Montana in a large truck means driving in the most precarious conditions.

commercial truck driving

how does montana regulate Commercial Truck Driving

Several state and federal laws regulate truck drivers traveling throughout Montana, whether following speed limits, limitations on driving hours, or obtaining special licenses.
According to Montana law, all commercial drivers must obtain a special license to operate a commercial vehicle. A CDL is different from the typical Montana driver's license.
Furthermore, all commercial truck drivers must maintain a slower speed limit than the typical passenger car. The speed limit for commercial vehicles depends on the type of highway and the time of day. Montana law allows a commercial truck to reach speeds up to 65 mph during the day and the night on interstates that receive federal funding. However, for highways that receive no federal aid, Montana requires commercial vehicles to stay below 60 mph during the day and 55 mph at night.
There are also laws requiring truck drivers to sleep for a certain number of hours and regulating how many consecutive hours a truck driver can legally drive on the road.

AFTER AN ACCIDENT

Determining Who's at Fault

Determining who is negligent in an accident involving a large truck can be tricky. In most cases, the court will hold the truck driver responsible, but in many cases, more than one party can be held accountable for the damages of a trucking accident.

The Trucking Company

Often, a lawsuit may name the driver's employer as a negligible party. A trucking company may be liable if there's evidence that the company knowingly allowed or required the driver to exceed the legal allotted driving hours.
A court can also hold a company accountable for negligent hiring practices.
According to the National Highway Traffic Safety Administration, "Large-truck drivers involved in fatal crashes in 2019 had a higher percentage ... of previously recorded crashes compared to drivers of other vehicle types." 3
If a company hired a driver with a careless or distracted driving record and that employee later caused an accident, a court could find the trucking company responsible for damages.

The Manufacturer

If a mechanical defect caused an accident, a court could find the vehicle's manufacturer at fault and responsible for damages and injuries.

trucking accident attorneys

What an Experienced Truck Accident Lawyer Can Do for You

Because of the weight and size of a commercial truck, these accidents cause serious injuries. According to the National Highway Traffic Safety Administration, "In 2019, large trucks were more likely to be involved in fatal multiple-vehicle crashes as opposed to fatal single-vehicle crashes than were passenger vehicles." 3
Common injuries following trucking accidents include back, neck, head, brain, spinal, and internal injuries, broken bones, and severe lacerations. It's not uncommon for these types of accidents to result in serious injuries and even death.
Montanans are known for our independence and grit, but even the toughest among us don't walk away from a semi-truck accident and get back to work the next day. But as we heal from our injuries, life moves on. Bills pile up, and you're drowning in debt the next thing you know. That's why you need an experienced trucking accident lawyer by your side. After being in a semi-truck accident, you have legal rights that can protect you from suffering needlessly.
AVA Law Group is a Billings-based law firm with legal experts born and raised in Montana. If you are from Montana or a traveler passing through and were injured in a trucking accident, you may be entitled to compensation. It's time to forget the stress and focus on healing and recovery. Talk to an AVA Legal Expert today to understand all your options.

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2718 Montana Ave. Suite 220
Billings, MT 59101
3667 Voltaire Street,
San Diego, CA 92106
945 Wyoming St. Suite 150
Missoula, MT 59801
ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California, District of Columbia, Montana, and Nevada, but associates with attorneys throughout the country, Principal Office: 2718 Montana Ave. Suite 220, Billings, Montana 59101.  San Diego Office: 3667 Voltaire Street, San Diego, California 92106.

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