Distracted driving continues to be a top cause of car accidents in Montana and across the country. Distracted driving is any behavior that takes a driver’s attention away from the primary task of driving.
While you probably associate distracted driving with smartphone use, there are many forms of distracted driving. Eating, drinking, adjusting a navigation system or even just talking to a passenger are common forms of distracted driving.
Texting and driving is legal in Montana
Using a smartphone and texting are one of the most dangerous forms of distracted driving. However, Montana is currently the only state without a statewide ban on texting and driving, although some cities and towns may have their own bans.
There are continued efforts to pass a statewide ban on texting and driving but to date, they have been unsuccessful. While you can talk on the phone or text while driving in Montana, this significantly increases your chance of a serious or fatal car accident.
Additionally, if you are involved in a car accident and evidence shows you were using your phone or texting, this can affect any compensation you receive as part of a personal injury action.
Montana negligence law
Personal injury actions are based on negligence. To recover compensation for your losses after a car accident, such as medical bills, lost wages or pain and suffering, you must prove the other driver was negligent.
This means proving that they breached their legal duty to drive reasonably and prudently and that breach caused your accident. Montana follows a modified comparative negligence rule, which adjusts compensation based on each party’s percentage of fault.
If you are found to be 50% or more responsible for the accident, you cannot recover any compensation at all. This can mean financial devastation if you are struggling with medical bills and unable to work.
Proving that someone was distracted by using a smartphone or texting can be accomplished by subpoenaing phone records, witness testimony or photos and videos of the accident. Despite the law allowing it, you should stay off your phone while driving. It keeps you safe and increases your chance of receiving compensation after an accident.