Kalispell, MontanaKalispell ATV Accident
Kalispell ATV Accident Lawyers: UTV Rollovers, Side-by-Side Crashes and Forest Road Accidents in Flathead County
Boland Aarab PLLP.
If you were hurt in an ATV, UTV or side-by-side crash in the Flathead Valley, you may have a claim against a careless driver, the machine’s manufacturer, a rental or tour company, or a landowner. Montana riders accept natural risks such as terrain, rocks and trees. They do not accept another person’s careless driving or a defective machine. Most claims must be filed within three years.
Hurt in an off-road crash near Kalispell? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do off-road crashes happen around Kalispell?
Most Flathead County riding happens on a patchwork of federal, state and private land, and the place of the crash affects the claim.
- The Flathead National Forest. The Forest surrounds the valley and is divided into the Glacier View, Hungry Horse, Spotted Bear, Swan Lake and Tally Lake Ranger Districts. Motorized use is allowed only on the roads, trails and areas shown on the Forest’s Motor Vehicle Use Maps. These are the official designations under federal rules (36 C.F.R. § 212.51). They are free at district offices and at the Supervisor’s Office at 650 Wolfpack Way in Kalispell.
- Forest and logging roads. Many riders use gravel Forest Service and timber-company roads that also carry log trucks, pickups and other riders. Blind curves, washboard, dust and oncoming traffic cause head-on and rollover crashes.
- County roads and the edges of town. A side-by-side may use a county road only where the county commissioners, a city or the highway patrol has authorized it, or where an ordinance allows it (§ 23-2-824, MCA). Crashes with cars and trucks on rural roads in the lower valley often raise questions about whether the machine was allowed to be there.
- Private land and ranch work. ATVs and UTVs are everyday tools on farms, ranches and large rural lots throughout the county. Many serious crashes are work-related, or happen when a child or guest rides a machine that is too big for them.
- Rentals and guided tours. Summer visitors rent side-by-sides and book guided rides near Whitefish, Columbia Falls and the Glacier corridor. An unfamiliar machine on unfamiliar terrain is a common setting for a rollover.
What happens after an ATV or UTV crash near Kalispell?
Rescue and medical care. Off-road crashes often happen far from a paved road. Search and rescue, a long ground transport, or Logan Health’s air-ambulance program, long known as A.L.E.R.T., may be needed. Rollover injuries to the head, spine and chest are usually treated at Logan Health Medical Center in Kalispell, which has neurosurgical services.
Reports. On county land and rural roads, report the crash to the Flathead County Sheriff’s Office. On highways, it’s the Montana Highway Patrol. Crashes on the National Forest may also involve Forest Service officers. A crash that involves a road-legal vehicle or a public road usually produces a crash report, and that report is often the first evidence of who was where.
Preserve the machine. Keep the ATV or UTV exactly as it is, along with your helmet and gear. Rental companies and insurers sometimes repair or sell a damaged machine quickly. We send preservation letters, and we look for GPS tracks and phone video. Newer machines may also store data.
Court. A case arising in Flathead County is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell. A claim against an out-of-state manufacturer or tour company is often removed to the U.S. District Court’s Missoula Division. A claim involving a federal employee or a federal road condition must be presented to the agency in writing within two years (28 U.S.C. § 2401(b)). A crash just south of the county line is in Lake County and the Twentieth Judicial District.
Montana law that applies
In brief; see our Montana ATV accident lawyer page for the full picture.
- Inherent risks versus careless driving. Riders accept natural hazards like terrain, streams, rocks and trees. Every operator must keep control of speed and course and must not act in a way that may injure anyone (§ 23-2-822, MCA).
- Product claims are preserved. The same statute expressly does not affect claims for defective off-highway vehicles or safety equipment (§ 23-2-822(4)). Manufacturers can be strictly liable (§ 27-1-719, MCA).
- Decals and roads. Machines used on public land must display the required decal (§ 23-2-804, MCA). Road use is limited, and young riders face age and certificate rules (§ 23-2-824).
- Free recreational use of private land. A landowner who allows free recreation is liable only for willful or wanton misconduct (§ 70-16-302, MCA).
- Releases. Montana’s recreation-release statute does not apply to off-highway vehicle duties under § 23-2-822 (§ 27-1-754, MCA), so a tour release deserves close review.
- Shared fault and deadline. Comparative fault applies (§ 27-1-702, MCA). File within 3 years (§ 27-2-204, MCA).
Why hire a Great Falls firm for a Kalispell case?
Off-road cases often involve a manufacturer, a tour operator, several insurers and a question about whose land the crash happened on. We are based in Great Falls and handle off-road injury cases statewide. We travel to the Flathead to see the trail or road, inspect the machine and take depositions. We do not have a Kalispell office.
The Boland Aarab Way
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials.
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We are part of the trial bar. Both attorneys belong to the American Association for Justice and the Montana Trial Lawyers Association.
We also handle spinal cord injury cases in Kalispell and product liability cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
My side-by-side rolled on a Flathead National Forest road. Can I sue anyone? Possibly the driver, if another person was driving carelessly, or the manufacturer, if a defect caused or worsened the rollover. A claim over a federal road condition needs a written federal claim within two years.
Can ATVs be driven on county roads near Kalispell? Only where the county commissioners, a city or the highway patrol has authorized it, or an ordinance allows it. Operators generally need a driver’s license.
I was hurt on a guided UTV tour near Whitefish and signed a waiver. Is my claim over? Not necessarily. Montana’s recreation-release statute does not cover off-highway vehicle duties, and the tour company’s maintenance and guiding can still be examined.
A friend’s ATV flipped on his ranch with my child aboard. Who pays? Often the owner’s homeowner’s, farm and ranch, or recreational-vehicle policy. A landowner who charged nothing may be liable only for willful or wanton misconduct, but the driver and owner of the machine can still be responsible.
Where would my Flathead off-road case be filed? In the Eleventh Judicial District Court in Kalispell, or in federal court in Missoula if the defendant is from out of state or the United States is involved.
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.
