All Laws Decoded

Bicycle Accident Claims in Montana

Bicycle rules in Montana (passing distance, helmets, riding rules), how fault is shared after a bike crash, and the deadline to sue.

Short answer: A person riding a bicycle has all the rights and duties of a driver of any other vehicle, except for special bicycle rules. Mont. Code Ann. §§ 61-8-602, 61-8-320, 61-8-605, 61-8-608

Bicycle lawsA person riding a bicycle has all the rights and duties of a driver of any other vehicle, except for special bicycle rules. Drivers may not intentionally interfere with a lawful bicyclist, may pass a bicyclist only when it can be done safely without endangering the rider, and must yield to bicyclists in a designated bike lane (the statute sets no fixed passing distance in feet). Cyclists riding slower than traffic generally keep to the right lane or a paved shoulder, with listed exceptions. Riding on sidewalks is allowed unless signs prohibit it, but the cyclist must yield to pedestrians and give an audible signal before passing them.
Passing/yield: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0200/0610-0080-0030-0200.html ; roadway position: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0060/section_0050/0610-0080-0060-0050.html ; sidewalks: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0060/section_0080/0610-0080-0060-0080.html . Helmet rules for bicyclists were not found in the sections read.
Source: Mont. Code Ann. §§ 61-8-602, 61-8-320, 61-8-605, 61-8-608
Fault rule (comparative negligence)Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence.
Source: Mont. Code Ann. § 27-1-702
Minimum car insuranceOwners must continuously carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage.
Mandatory coverage: https://leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0030/section_0010/0610-0060-0030-0010.html
Source: Mont. Code Ann. §§ 61-6-103, 61-6-301
Deadline to sue for an injuryThree years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.
Source: Mont. Code Ann. § 27-2-204(1), (3)

More Montana personal injury & wrongful death

FAQ

What are the bicycle laws in Montana?
A person riding a bicycle has all the rights and duties of a driver of any other vehicle, except for special bicycle rules. Drivers may not intentionally interfere with a lawful bicyclist, may pass a bicyclist only when it can be done safely without endangering the rider, and must yield to bicyclists in a designated bike lane (the statute sets no fixed passing distance in feet). Cyclists riding slower than traffic generally keep to the right lane or a paved shoulder, with listed exceptions. Riding on sidewalks is allowed unless signs prohibit it, but the cyclist must yield to pedestrians and give an audible signal before passing them.
Can you recover damages if you were partly at fault in Montana?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence.
What is the minimum car insurance required in Montana?
Owners must continuously carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage.
What is the statute of limitations for personal injury in Montana?
Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.