Motorcycle Accident Claims in Montana
The Montana helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Only riders under 18 must wear a helmet: operators and passengers under 18 on a motorcycle, moped, motorized scooter or quadricycle on Montana streets or highways must wear protective headgear meeting state standards (fully enclosed autocycles are exempt). Mont. Code Ann. § 61-9-417
| Motorcycle helmet law | Only riders under 18 must wear a helmet: operators and passengers under 18 on a motorcycle, moped, motorized scooter or quadricycle on Montana streets or highways must wear protective headgear meeting state standards (fully enclosed autocycles are exempt). An operator may not carry passengers under 18 who are not wearing one. The statute does not address whether not wearing a helmet affects damages in an injury lawsuit. Source: Mont. Code Ann. § 61-9-417 |
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| Lane splitting | Lane filtering is legal in Montana under conditions. The rider of a two-wheeled motorcycle may pass a vehicle that is stopped or going no more than 10 mph in the same lane and direction, only on a road with lanes wide enough to pass safely, at no more than 20 mph, and when conditions allow reasonable and prudent operation. The statute covers filtering past stopped or slow traffic, not riding between lanes of faster-moving traffic. Source: Mont. Code Ann. § 61-8-392 |
| 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 insurance | 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. Mandatory coverage: https://leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0030/section_0010/0610-0060-0030-0010.html |
| Deadline to sue for an injury | 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. |
More Montana personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Montana
- Wrongful Death Lawsuits in Montana
- Medical Malpractice Rules in Montana
- Car Accident Claims in Montana
- Dog Bite Liability in Montana
- Slip, Trip and Fall Injuries in Montana
- Sidewalk and Public Property Falls in Montana
- Pedestrian Accident Claims in Montana
- Bicycle Accident Claims in Montana
- Uber and Lyft Accident Claims in Montana
- Truck Accident Claims in Montana
- Construction Site Injuries in Montana
- All Montana personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Montana?
Only riders under 18 must wear a helmet: operators and passengers under 18 on a motorcycle, moped, motorized scooter or quadricycle on Montana streets or highways must wear protective headgear meeting state standards (fully enclosed autocycles are exempt). An operator may not carry passengers under 18 who are not wearing one. The statute does not address whether not wearing a helmet affects damages in an injury lawsuit.
Is lane splitting legal in Montana?
Lane filtering is legal in Montana under conditions. The rider of a two-wheeled motorcycle may pass a vehicle that is stopped or going no more than 10 mph in the same lane and direction, only on a road with lanes wide enough to pass safely, at no more than 20 mph, and when conditions allow reasonable and prudent operation. The statute covers filtering past stopped or slow traffic, not riding between lanes of faster-moving traffic.
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.