Billings, MontanaBillings Bicycle Accident
Billings Bicycle Accident Lawyers: Bike Crashes, E-Bike Collisions and Trail Injuries in Billings and Yellowstone County
Boland Aarab PLLP.
If a driver hit you while you were riding a bicycle or e-bike in Billings, you have the same right to compensation as anyone hurt in a car crash. Montana gives cyclists the rights of other drivers. Most claims must be filed within 3 years, and claims against the City of Billings need written notice first.
Hurt while riding, or lost a family member in a bike crash? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do cyclists get hurt in Billings?
Billings has spent three decades building a trail network. The BikeNet plan began in 1995 and grew into the Heritage Trail Plan in 2004 (Billings TrailNet). The paved trails and on-street bike routes that came out of that work are popular, and they create their own crash patterns.
- Where trails meet streets. Most serious trail injuries happen at the edges: a driveway, a parking-lot exit or an arterial crossing where a driver is looking for cars and not for a rider coming off a path.
- Along the Rims. The Swords Park Trail runs close to four paved miles along the Rimrocks on the north side of town and connects to the Skyline Trail (Visit Billings). The views are the draw. The descents, road crossings near the airport hill and shared use with walkers and dogs are the risk.
- Arterials without much room. On Grand Avenue, King Avenue West, 24th Street West and Main Street in the Heights, riders share multi-lane roads with turning traffic. Right-hook and left-cross crashes are common patterns on roads like these.
- Near campus. Students at MSU Billings, on University Drive off 27th Street North, and at Rocky Mountain College on Poly Drive ride to class in traffic.
- New infrastructure. The Billings Bypass bridge over the Yellowstone River between Lockwood and the Heights includes a 10-foot shared-use path for bicycles and pedestrians (MDT). New connections bring new crossings.
Billings winters leave traction sand, potholes and heaved pavement on streets and trail shoulders well into spring. A rider who is thrown by a broken trail edge or an unmarked hazard may have a claim against the owner of the path, but those claims are handled differently from a claim against a driver.
What happens after a bicycle crash in Billings?
Call 911 and ask for a report, even if the driver wants to settle it privately. In the city, the Billings Police Department usually responds. In Lockwood, Shepherd, Huntley and other unincorporated areas, it is usually the Yellowstone County Sheriff’s Office. The report, the driver’s insurance information and the names of witnesses are the foundation of the claim.
If you ride home and feel worse later, get checked. Head and wrist injuries are common in bike crashes, and a concussion may not be obvious at first. Keep the bike, the helmet, your clothing and any bike computer or camera data. Do not let a shop repair the bike before it has been photographed and inspected.
If a case against a driver is filed in state court, it goes to the Thirteenth Judicial District Court at the Yellowstone County Courthouse, 217 North 27th Street, the court that serves Yellowstone County (§ 3-5-101, MCA). A case against an out-of-state driver or company may be heard in the Billings Division of the U.S. District Court, at the James F. Battin Federal Courthouse on 2nd Avenue North (District of Montana).
What if the trail or the road was the problem?
Claims against the City of Billings, Yellowstone County or the State of Montana must be presented in writing before a lawsuit (§ 2-9-301, MCA). Government entities in Montana also have damage limits. Some trails cross land owned by different public and private groups, and Montana law may limit a landowner’s liability for recreational use. Who owns and maintains the stretch of trail where you fell is the first question, and it needs an early answer.
We have held a Montana city responsible before. In Jack v. City of White Sulphur Springs, a jury returned a $115,000 net verdict for our client on a municipal negligence claim (case page).
Montana law that applies
- Cyclists have the rights and duties of other drivers (§ 61-8-602, MCA).
- Drivers must pass safely and yield to riders in a bike lane (§ 61-8-320, MCA), and must use due care to avoid hitting a cyclist (§ 61-8-504, MCA).
- Opening a car door into traffic when it is not reasonably safe is against the law (§ 61-8-368, MCA).
- An e-bike is a bicycle if its motor cannot propel it and a 170-pound rider faster than 20 mph on level pavement (§ 61-8-102, MCA).
- Comparative fault reduces, but does not bar, recovery unless your fault is greater than the defendants’ combined (§ 27-1-702, MCA); most claims must be filed within 3 years (§ 27-2-204, MCA).
- Your own auto policy may help. Montana insurers must offer uninsured motorist coverage (§ 33-23-201, MCA).
For dooring, e-bike product claims and insurance questions, see our Montana bicycle accident page.
Why hire a Great Falls firm for a Billings case?
We are a Great Falls trial firm that handles cases across Montana, including Billings. Bicycle cases turn on the same things in every city: the scene evidence, the driver’s statements, the video and the insurance policies. Our attorneys travel to Billings for depositions, hearings and trial, and our firm has tried jury trials in Yellowstone County. We do not keep a Billings office. We can meet you by phone, by video or in person.
The Boland Aarab Way
- We hold cities accountable. A $115,000 net jury verdict for our client against a Montana city (Jack v. City of White Sulphur Springs).
- 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. See our results.
- We protect verdicts on appeal. Our appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
Related Billings pages: pedestrian accidents · brain injury · all Billings personal injury cases
Frequently Asked Questions
Who do I report a bike crash to in Billings? Call 911. Inside city limits, the Billings Police Department usually responds; in unincorporated areas like Lockwood, it is usually the Yellowstone County Sheriff’s Office.
I crashed on a broken section of a Billings trail. Can I make a claim? Possibly, depending on who owns and maintains that stretch. A claim against the City, the County or the State must be presented in writing first (§ 2-9-301, MCA), and recreational-use rules may apply.
Is my e-bike a bicycle under Montana law? Yes, if its motor cannot push it and a 170-pound rider faster than 20 mph on level pavement (§ 61-8-102, MCA). Faster machines may be treated as mopeds or motorcycles.
A driver turned right across me on a Billings arterial. Who is at fault? Usually the driver. Drivers may pass a cyclist only when it is safe and must use due care to avoid hitting one (§§ 61-8-320, 61-8-504, MCA).
Will my car insurance cover me if I was hit on my bike in Billings? Often. Your uninsured, underinsured and medical payments coverage may apply even though you were on a bicycle, depending on the policy language.
Talk to a Billings Bicycle 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.
