Helena, MontanaHelena ATV Accident
Helena ATV Accident Lawyers: ATV, UTV and Side-by-Side Crashes and Rollovers in the Helena-Lewis and Clark National Forest and Helena Valley
Boland Aarab PLLP.
If you were hurt in an ATV, UTV or side-by-side crash around Helena, on a forest road, a ranch or a county road, you may have a claim against a careless driver, the machine’s manufacturer, a rental or tour company, or another responsible party. Montana riders accept natural hazards, not careless driving or defective machines. Most claims must be filed within 3 years.
Key Takeaways
- Off-highway riders accept risks inherent in the sport, but every operator must maintain control of speed and course and avoid conduct that may injure anyone (§ 23-2-822, MCA).
- The statute expressly preserves product liability claims for defective machines and safety equipment (§ 23-2-822(4)).
- A crash involving a Forest Service or BLM employee or facility requires a written claim to the agency within 2 years (28 U.S.C. § 2401(b)).
Hurt in an ATV or side-by-side crash near Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do Helena-area off-road crashes happen?
National forest roads and trails. The Helena-Lewis and Clark National Forest surrounds the city on several sides, in the Big Belt Mountains to the east and north, the Elkhorns to the south, and the Continental Divide country to the west toward MacDonald Pass. Many forest roads and trails are open to off-highway vehicles, and which routes are open to which vehicles is set out in the forest’s Motor Vehicle Use Maps (Forest Service). Some trails are limited to narrower vehicles, which is one reason larger side-by-sides end up on forest roads shared with pickups and log trucks. Steep grades, washboard, loose rock, blind curves and dust are constant.
Not every nearby hill is open. The BLM’s Scratchgravel Hills on Helena’s western edge were closed to motorized use in 2009 and are now managed for non-motorized recreation (Helena Independent Record). Riding where machines are not allowed can complicate a claim, so where the crash happened matters.
Ranches and acreages. Across the Helena Valley and the rural parts of Lewis and Clark County, ATVs and UTVs are work tools for checking stock, fixing fence and hauling hay. Rollovers on side-hills and ditch banks, and children riding or driving machines too large for them, cause some of the most serious injuries we see.
County and city roads. Off-highway vehicles may use public roads only where the city, the county commissioners or the highway patrol has authorized it, or on controlled-access highways if registered and licensed (§ 23-2-824, MCA). A car or truck that strikes a lawfully operated ATV at a road crossing is responsible like any other negligent driver.
Guided tours and rentals. Summer visitors rent side-by-sides for forest rides. A tour company can be responsible for poorly maintained machines, inadequate instruction, or a guide who leads riders onto terrain beyond their ability.
What happens after an ATV or UTV crash near Helena?
Getting help. Many crashes happen far from cell coverage. Search and rescue and ambulance crews bring injured riders to St. Peter’s Health in Helena, a DPHHS-designated State Area Trauma Hospital, and the most serious head and spinal injuries may be flown to a higher-level trauma center. Keep every record, including the rescue and air-ambulance reports.
Reporting. On county and forest roads in Lewis and Clark County, crashes are usually reported to the Lewis and Clark County Sheriff’s Office. On state highways, the Montana Highway Patrol. A crash involving Forest Service facilities or personnel should also be documented with the agency.
Preserving the machine. Do not let the ATV or UTV be repaired, sold or salvaged. Rollover cases often turn on the machine’s stability, roll cage, doors or nets, seat belts and throttle. Keep your helmet and gear, any GPS track, and photos of the terrain and the vehicle’s final position. Keep the rental agreement and any release.
Insurance. Many off-road machines are not covered by an auto policy. A homeowner’s, farm and ranch, recreational-vehicle or commercial tour policy may apply instead, and each has its own exclusions.
Court. A case over a crash in Lewis and Clark County is generally filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). A product claim against an out-of-state manufacturer, or a Federal Tort Claims Act claim against the United States, belongs in federal court; for this area, that is the Helena Division at the Paul G. Hatfield Federal Courthouse (D. Mont. L.R. 1.2).
Montana law that applies
In short: Montana’s off-highway vehicle law defines covered vehicles broadly, including quadricycles and other motorized land vehicles used for recreation (§ 23-2-801, MCA). Inherent risks are natural hazards such as terrain, streams, rocks and trees (§ 23-2-822(2)). Manufacturers can be strictly liable for defects, subject to a 10-year repose period with exceptions (§ 27-1-719, MCA). A landowner who allows free recreational use is liable only for willful or wanton misconduct (§ 70-16-302). Whether a tour or rental release is enforceable is unsettled, because the general recreation-release statute does not apply to off-highway vehicle duties (§ 27-1-754, MCA). Riders under 18 must wear helmets on streets and highways (§ 61-9-417). Most claims have a 3-year deadline (§ 27-2-204). See our Montana ATV accident lawyer page for more.
Why hire a Great Falls firm for a Helena case?
Off-road cases often involve a manufacturer, a tour company, a landowner and several insurers, and sometimes the United States. They need someone to sort out the facts and prepare the case for a jury or for federal court. We are based in Great Falls and handle cases statewide. Our attorneys travel to Helena and to the crash site for inspections, depositions, hearings and trial. We do not have a Helena office.
The Boland Aarab Way
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers, Caitlin Boland Aarab and Samir Aarab, from start to finish.
We also handle product liability cases in Helena, catastrophic injury cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
I was a passenger in a side-by-side that rolled on a forest road near Helena. Who pays? Usually the driver’s or owner’s insurance, which may be a homeowner’s, ranch or recreational-vehicle policy. If a defect contributed, the manufacturer may also be responsible.
Can I ride an ATV on Lewis and Clark County roads? Only where the county commissioners, the city or the highway patrol has authorized it, or on controlled-access highways if the machine is registered and licensed (§ 23-2-824, MCA).
What if the crash involved a Forest Service road or employee? A claim against the United States must be presented to the agency in writing within 2 years (28 U.S.C. § 2401(b)), and it is heard in federal court.
My child was hurt on an ATV at a friend’s ranch. Do we have a claim? Possibly, against the adult who let the child ride or the machine’s owner. A landowner who allows free recreational use is liable only for willful or wanton misconduct (§ 70-16-302, MCA), but other parties may still be responsible.
I signed a waiver for a Helena-area UTV tour. Can I still bring a claim? Possibly. The general recreation-release statute does not apply to off-highway vehicle duties (§ 27-1-754, MCA), and Montana law has long disfavored releases of negligence.
Talk to a Helena ATV Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 23-2-801, MCA · § 23-2-822 · § 23-2-824 · § 27-1-719 · § 27-1-754 · § 70-16-302 · § 61-9-417 · § 27-2-204 · § 3-5-101, MCA · 28 U.S.C. § 2401(b) · Helena-Lewis and Clark National Forest · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
