Montana Truck Accident Settlements: Statute, Negligence Rule & Settlement Guide
Montana moves over 121 million tons of freight a year, with trucks hauling roughly 64 million of it, about 61 percent of total freight value, much of it grinding through mountain passes on I-90 and I-15. The state recorded 34 large-truck fatalities in 2023. There is no cap on compensatory damages in an ordinary truck case; a $300,000 limit applies only to medical-malpractice non-economic damages, set to rise to $500,000 by 2029. Montana allows three years to file under Mont. Code Ann. §27-2-204(1) and applies a modified comparative rule that bars recovery only once fault reaches 51 percent.
Fast Facts: Montana
- Statute of Limitations (PI)
- 3 years from the accident
- Statute of Limitations (Wrongful Death)
- 3 years
- Negligence Rule
- Modified Comparative (51% bar)
- Settlement Multiplier vs National
- 0.9×
- Major Truck Routes
- I-90, I-15, I-94
- FMCSA Jurisdiction
- Western Service Center
Truck Accident Deaths in Montana
In 2023, 34 people were killed in crashes involving large trucks in Montana, according to NHTSA's Large Trucks: 2023 Data. Nationally, about 70% of those killed in large-truck crashes are occupants of the other vehicle — not the truck — because a loaded tractor-trailer can weigh 20–30 times as much as a passenger car.
Montana moves over 121 million tons of freight a year, with trucks carrying roughly 64 million tons — about 36% by tonnage and around 61% of total freight value. High truck volume is one reason Montana sees the crash numbers it does.
Statute of Limitations: 3 Years
Montana requires personal injury claims to be filed within 3 years of the accident date — see Mont. Code Ann. §27-2-204(1).
Wrongful death claims arising from Montana truck accidents have a separate 3-year deadline, measured from the date of death (not date of accident, when these differ).
Missing the statute of limitations ends the case entirely — even a strong liability case with massive damages cannot be filed after the deadline. See our complete post-accident guide for the actions to take in the first weeks.
Montana's Negligence Rule: Modified Comparative (51% bar)
Modified comparative — 51% or more fault bars recovery.
Practical impact: If you're 51% or more at fault, you recover nothing. At 50% or less, recovery is reduced proportionally.
Damage Caps in Montana
No cap on compensatory damages in an ordinary truck-accident case. A cap applies only to medical-malpractice non-economic damages ($300,000 as of March 2025, rising to $500,000 by 2029). General punitive damages are limited to the lesser of $10 million or 3% of net worth.
Estimating Settlement Value in Montana
Montana's state multiplier of 0.9× reflects how its jury awards trend close to the national average. This factor multiplies against your base damages in the multiplier method.
Sample calculation for a moderate Montana truck accident claim:
Medical bills: $25,000
Lost wages: $10,000
Future medical: $15,000
Pain & suffering: $25,000 × 2.5 multiplier = $62,500
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Subtotal: $112,500
Montana state factor (0.9×): $101,250
For a personalized estimate using your numbers, use our free settlement calculator — it applies Montana's state factor automatically.
Major Freight Routes Through Montana
Truck accident liability cases in Montana concentrate on the state's major interstate and federal highway corridors:
- I-90
- I-15
- I-94
Limited interstate traffic but I-90/I-15 carry significant truck volume through mountain passes.
Federal Rules Also Apply in Montana
Montana law sets the statute of limitations (3 years), the modified comparative (51% bar) rule, and the damage-cap rules above. On top of that, commercial trucks are governed by federal FMCSA rules — hours-of-service limits, the $750,000 minimum insurance floor, electronic logging, and post-crash drug testing — that apply in every state. Those violations are often where a Montana truck case is won. See our guides on FMCSA violations in truck accidents, what to do after a crash, and how long a lawsuit takes.
Frequently Asked Questions: Montana Truck Accidents
How long do I have to file a truck accident claim in Montana?
3 years from the date of the accident for personal injury. 3 years for wrongful death.
What is Montana's comparative negligence rule?
Montana follows the Modified Comparative (51% bar) rule. Modified comparative — 51% or more fault bars recovery.
Are there caps on damages in Montana truck accident cases?
No cap on compensatory damages in an ordinary truck-accident case. A cap applies only to medical-malpractice non-economic damages ($300,000 as of March 2025, rising to $500,000 by 2029). General punitive damages are limited to the lesser of $10 million or 3% of net worth.
How many people are killed in truck crashes in Montana?
34 people were killed in crashes involving large trucks in Montana in 2023, according to NHTSA. Most were occupants of other vehicles, not the trucks involved.
How long does a Montana truck accident lawsuit typically take?
Median time to settlement runs about 12–18 months for moderate cases and 24–36 months when injuries are severe or liability is disputed. See how long a truck accident lawsuit takes for the full timeline.