Truck Accident Claims in Montana

Montana's Department of Transportation must adopt safety standards for for-hire and private motor carriers that substantially comply with the federal motor carrier safety regulations; for intrastate trucking this covers vehicles of 26,001 pounds or more (other than farm vehicles operating only in Montana), plus certain passenger and hazmat vehicles. The department adopted the current federal rules (49 CFR parts 373-399) by rule, effective May 9, 2026. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).

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.

No general cap on compensatory damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (the lesser of $10 million or 3% of the defendant's net worth), and to claims against state and local governments ($750,000 per claim, $1.5 million per occurrence).

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.