Detailed Answer
Under Montana law, a driver who disobeys a red light breaches a statutory duty and is negligent per se. Mont. Code Ann. § 61-8-301 defines traffic-control signals, including red lights, and requires drivers to stop when facing a steady red signal. Mont. Code Ann. § 61-8-301.
To prove another driver’s liability after a red-light collision, you must establish four elements of negligence under Montana law:
- Duty: The law imposes a duty on all drivers to obey traffic-control signals.
- Breach: You show the driver ran the red light by presenting evidence such as the police citation, traffic-camera footage, or witness testimony.
- Causation: Demonstrate that the red-light violation directly caused your crash, using police reports, accident reconstruction diagrams, or expert testimony.
- Damages: Prove you suffered injuries or property damage by submitting medical records, repair estimates, and photographs.
Key evidence includes the official crash report, photographs of vehicle damage and the intersection, skid-mark measurements, and statements from witnesses. A citation for running the red light strongly supports the breach element.
Montana’s personal injury statute of limitations is three years from the date of the collision. You must file your lawsuit before this deadline. Mont. Code Ann. § 27-2-204.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your case.
Helpful Hints
- Obtain the official police report quickly to preserve critical details.
- Photograph the traffic signal, intersection layout, skid marks, and vehicle damage from multiple angles.
- Gather and record contact information for all witnesses; request written statements if possible.
- Check for any traffic-camera or dashboard-camera footage and secure copies before they’re overwritten.
- Consult a qualified attorney well before Montana’s three-year statute of limitations expires.