Detailed Answer
Under Montana law, to prove another motorist’s negligence at a traffic signal or exit, you must establish four key elements by a preponderance of the evidence: duty, breach, causation, and damages.
1. Duty
All drivers in Montana owe a duty to obey traffic-control devices and exercise reasonable care. For traffic signals, MCA 61-8-321 requires drivers to stop on a red or yellow light. For exit ramps and yield signs, MCA 61-8-341 sets rules for stopping or yielding before merging.
2. Breach
A breach occurs when the other driver fails to follow these rules—running a red light, ignoring a stop sign, or merging improperly.
3. Causation
You must link the breach directly to the collision. Evidence types include:
- Police crash report detailing violation
- Traffic camera or intersection video
- Eyewitness statements
- Skid-mark measurements and scene photos
- Expert accident reconstruction
- Vehicle event data recorder (black box) information
4. Damages
Finally, you must show you suffered actual harm—vehicle damage, medical bills, lost wages, or pain and suffering.
Comparative Fault
Montana uses modified comparative negligence. Under MCA 27-1-703, if your share of fault exceeds 50%, you cannot recover damages. Otherwise, your compensation is reduced by your percentage of fault.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Preserve scene evidence immediately: take photos of vehicle positions, traffic signs, lights, and skid marks.
- Obtain witness contact information at the scene and record their statements as soon as possible.
- Request traffic-camera or red-light-camera footage quickly; municipalities often keep it for a limited time.
- Secure medical records and repair estimates to document damages.
- Consult an attorney early to advise on evidence preservation and to handle comparative negligence issues.