Billings, MontanaBillings ATV Accident
Billings ATV Accident Lawyers: ATV, UTV and Side-by-Side Rollovers at Shepherd Ah Nei, on Ranches and on Yellowstone County Roads
Boland Aarab PLLP.
If you were hurt in an ATV, UTV or side-by-side crash around Billings, whether at the Shepherd Ah Nei riding area, on a ranch in the Yellowstone Valley or on a county road, you may have a claim against a careless driver, the machine’s manufacturer, a rental company or a landowner. Montana riders accept natural terrain risks, not another person’s careless driving or a defective machine. Most claims must be filed within 3 years.
Hurt in an ATV or side-by-side crash? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do off-road crashes happen around Billings?
Shepherd Ah Nei. The Bureau of Land Management’s Shepherd Ah Nei Special Recreation Management Area, reached by Highway 312 east from the Heights and then north on Shepherd Road, is the main public off-highway riding area near Billings. Of its roughly 5,000 acres, about 1,062 acres are set aside for off-highway vehicles, with about 50 miles of trails. The OHV area is open from 7 a.m. to 9 p.m. and can be closed to motorized use when it is wet and muddy or when fire danger is high; the BLM keeps a 24-hour status line at (406) 896-5014 (BLM). Steep sandstone hills, blind crests and mixed traffic of dirt bikes, quads and side-by-sides are where the serious crashes happen.
Acton Recreation Area. About 18 miles north of Billings, the BLM’s 3,800-acre Acton area allows motorized use only on about 6.6 miles of mapped roads, and restricts off-road driving to protect archaeological sites (BLM). A rider who leaves the road there is outside what the area allows, which can affect a claim.
Farms and ranches. Across the Yellowstone Valley and the benches north and south of the river, UTVs and ATVs are work machines for checking cattle, fixing fence and moving irrigation pipe. Rollovers on side-slopes and ditch banks, and children riding as passengers or drivers, cause many of the worst injuries.
Roads. ATVs and UTVs crossing or riding along county roads, and on the gravel roads around Shepherd, Huntley, Molt and Custer, are struck by cars and pickups, especially at dusk.
What happens after an ATV or UTV crash near Billings?
Report and treat. Call the Yellowstone County Sheriff’s Office, or the Montana Highway Patrol for a crash on a highway. Rollover injuries to the head, neck and chest are treated at Billings Clinic and St. Vincent Regional Hospital, the region’s two Level 1 / Comprehensive Trauma Centers (DPHHS); rural crashes often need an air ambulance.
Preserve the machine. Do not let the vehicle be repaired, sold or salvaged. Keep the helmet, the seat belt and any damaged doors or nets. Save GPS tracks, phone video and any rental or tour paperwork.
Identify the land. Whose land the crash happened on decides much of the case. On BLM land, a claim involving a federal employee or a federal facility must be presented to the agency within 2 years under the Federal Tort Claims Act (28 U.S.C. § 2401(b)). On private land used for free recreation, the landowner is liable only for willful or wanton misconduct (§ 70-16-302, MCA). On a paid tour or track, ordinary duties of care generally apply.
Find the insurance. Many auto policies exclude ATVs and UTVs. A homeowner’s, farm and ranch, or recreational-vehicle policy may apply instead.
Know the court. A state lawsuit is filed in the Thirteenth Judicial District Court at the Yellowstone County Courthouse, 217 North 27th Street (§ 3-5-101, MCA). Claims against the United States, and most claims against out-of-state manufacturers, are heard in the Billings Division of federal court at the James F. Battin Federal Courthouse (District of Montana).
Who can be responsible?
- The driver, for speed, impairment, inexperience or carrying more passengers than the machine is built for.
- The owner, for letting an inexperienced or impaired person drive, or failing to maintain it.
- The manufacturer and sellers, for rollover-prone designs, weak roll cages, failed seat belts or restraints, stuck throttles and fuel-system fires (§ 27-1-719, MCA).
- A rental or tour company, for poor maintenance, instruction or route choices.
- A car or truck driver who hits a lawfully operated ATV on or across a road.
Montana law that applies
- Off-highway vehicles are broadly defined and must display a decal for use on public lands (§§ 23-2-801, 23-2-804, MCA).
- Inherent risks are natural hazards, but every operator must maintain control of speed and course and avoid conduct that may injure anyone; product claims are expressly preserved (§ 23-2-822, MCA).
- Road use only where authorized, with lighting, brakes and licensing rules for young riders (§ 23-2-824, MCA); riders under 18 must wear helmets on streets and highways (§ 61-9-417, MCA).
- Deadlines: generally 3 years (§ 27-2-204, MCA), and a 10-year product repose period with exceptions (§ 27-1-719(6)(b)).
See our Montana ATV and UTV accident page for releases, tours and product claims.
Why hire a Great Falls firm for a Billings case?
Off-road cases often involve a manufacturer, an insurer that says its policy does not cover the machine, and sometimes a federal agency. We are based in Great Falls and handle these cases statewide, including in federal court. Our attorneys travel to Billings and the crash site for inspections, depositions, hearings and trial, and our firm has tried jury trials in Yellowstone County. We do not have a Billings office.
The Boland Aarab Way
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years; Samir Aarab has argued twice before the Ninth Circuit.
- We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
Related Billings pages: product liability · catastrophic injury · all Billings personal injury cases
Frequently Asked Questions
I was hurt at Shepherd Ah Nei. Can I sue the BLM? Only in limited circumstances, such as negligence by a federal employee, and a written claim must be presented to the agency within 2 years. Claims against another rider or a manufacturer are more common.
Our side-by-side rolled on a ranch near Billings. Who pays? Often the owner’s or driver’s farm and ranch, homeowner’s or recreational-vehicle policy. If a defect contributed, the manufacturer may also be responsible.
Can kids ride ATVs on Yellowstone County roads? Only in limited cases. Riders 12 to 15 need a safety certificate and a licensed adult, and children under 12 may ride only on unpaved roads with an adult (§ 23-2-824, MCA).
Does my OHV decal matter to my claim? The decal is required on public lands (§ 23-2-804, MCA). A missing decal is unlikely to decide who caused a crash, but tell your lawyer.
Where would my case be heard? In the Thirteenth Judicial District Court in Billings, or in the federal court’s Billings Division if the United States or an out-of-state manufacturer is a defendant.
Talk to a Billings ATV Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
