Missoula, MontanaMissoula ATV Accident
Missoula ATV Accident Lawyers: ATV, UTV and Side-by-Side Crashes on Lolo National Forest Trails and Missoula County Roads
Boland Aarab PLLP.
If you were hurt in an ATV, UTV or side-by-side crash near Missoula, you may have a claim against a careless driver, the machine’s manufacturer, a rental or tour company, or a landowner, depending on how it happened. Montana riders accept the natural risks of the sport, but not another person’s careless driving or a defective machine. Most claims must be filed within three years.
Key Takeaways
- Riders accept risks inherent in off-highway use, but every operator must control speed and course and avoid conduct that may injure anyone (§ 23-2-822, MCA).
- On the Lolo National Forest, motorized travel is allowed only on roads and trails designated on the Motor Vehicle Use Map (USDA Forest Service).
- A claim involving a federal employee or facility must be presented to the agency within 2 years (28 U.S.C. § 2401(b)).
Hurt in an ATV or side-by-side crash near Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do off-road crashes happen around Missoula?
Most off-highway riding near Missoula happens on national forest land that rings the valley, on private land and ranches, and on the county roads that connect them.
- Blue Mountain Recreation Area. Just southwest of town, the Forest Service’s Blue Mountain area covers about 4,900 acres with 41 miles of system trails. OHV trails and roads are permitted there, and the same area is used for hiking, mountain biking, horseback riding and, in winter, snowmobiling (USDA Forest Service). Shared use means a machine can meet a hiker, a horse or a cyclist on a blind corner.
- Lolo National Forest roads and trails. Forest roads and designated trails in the mountains around the valley draw riders, hunters and firewood cutters. The Forest Service’s Motor Vehicle Use Maps are the official record of which routes are open to which vehicles, and when; the Missoula Ranger Station at 24 Fort Missoula Road provides them (Lolo National Forest). Whether a route was open to the vehicle involved can matter in a claim.
- Ranches and rural property in the Ninemile, Frenchtown, Potomac and Blackfoot areas, where ATVs and UTVs are work tools as much as recreation.
- County roads and crossings, where an off-highway vehicle meets cars and trucks. Montana allows OHVs on public roads only where authorized, and requires lights and brakes (§ 23-2-824, MCA).
The terrain around Missoula is steep, and many forest routes are narrow, rutted and shared with full-size trucks. Side-by-side rollovers on side-hills, collisions on blind curves, and crashes involving young or inexperienced drivers are common patterns in these cases. Spring mud, fall hunting traffic and dust in late summer all affect visibility and control.
What happens after an ATV or UTV crash near Missoula?
Rescue and medical care. Remote crashes can take time to reach. Seriously injured riders are usually brought to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS). Rollovers often cause head and spine injuries that are not obvious at first.
Reporting. Outside the city, report the crash to the Missoula County Sheriff’s Office, or the sheriff of the county where it happened. A crash on a public road may also involve the Montana Highway Patrol, which investigates motor vehicle crashes outside city limits (Missoula County Sheriff). On national forest land, the Forest Service may also have an interest.
Preserve the machine. Do not let the ATV or UTV be repaired, sold or salvaged. Keep your helmet and gear, GPS tracks, phone video and any rental or tour paperwork. A rollover can be a product case when the machine’s stability, roll cage, restraints or doors failed.
Which court. A lawsuit can be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). A case against an out-of-state manufacturer, or a claim against the United States, goes to or may be removed to the Missoula Division of the U.S. District Court at 201 East Broadway (U.S. District Court, Missoula).
Montana law that applies
- Definition: Montana’s off-highway vehicle law covers quadricycles and other motorized land vehicles used for recreation on public lands and trails (§ 23-2-801, MCA), and a decal is required for off-road recreation on public lands (§ 23-2-804, MCA).
- Product claims are preserved by the operator statute (§ 23-2-822(4)) and governed by strict liability (§ 27-1-719, MCA).
- Free recreational use of private land: the landowner is liable only for willful or wanton misconduct (§ 70-16-302, MCA); the driver or manufacturer may still be responsible.
- Tour and rental releases: Montana’s recreation-release statute does not apply to OHV duties under § 23-2-822 (§ 27-1-754, MCA); enforceability is unsettled.
- Deadline: generally 3 years (§ 27-2-204, MCA).
For more, see our Montana ATV accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle off-road cases statewide. These cases often involve a driver, an owner, a manufacturer and several insurance policies, and sometimes federal land. Our attorneys travel to Missoula for inspections, depositions, hearings and trial, and our federal court experience matters when the United States or an out-of-state manufacturer is involved.
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, and Samir Aarab has argued twice before the Ninth Circuit.
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle Missoula product liability and Missoula catastrophic injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
I was hurt on an ATV trail at Blue Mountain. Who could be responsible? Another rider who was out of control, the owner of a machine lent to an inexperienced driver, or a manufacturer if a defect played a role. A claim against the Forest Service itself is rare and has its own federal rules.
I was a passenger in a side-by-side that rolled near Missoula. Who pays? Often the driver’s or owner’s insurance, which may be a homeowner’s, ranch or recreational-vehicle policy rather than an auto policy. A manufacturer may be responsible if the roll cage, restraints or doors failed.
Can ATVs be driven on roads in Missoula County? Only where authorized by the city, the county commissioners or the highway patrol, or by ordinance, and with working lights and brakes. Ask before assuming a road is open.
Who investigates an off-road crash outside Missoula? The county sheriff, and the Montana Highway Patrol if a public road is involved. Ask for the report number and the investigating agency.
How long do I have to bring a claim? Generally 3 years under Montana law, but a claim involving a federal agency must be presented within 2 years.
Talk to a Missoula 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.
