Helena, MontanaHelena Bicycle Accident
Helena Bicycle Accident Lawyers: Bike Crashes, E-Bike Collisions and Dooring on Helena Streets and Trail Access Roads
Boland Aarab PLLP.
A cyclist hit by a car in Helena has the same rights as any driver under Montana law, whether commuting on Benton Avenue, heading to a South Hills trailhead or riding the Great Divide route through town. The claim generally belongs in the First Judicial District Court in Helena, and most claims have a 3-year filing deadline.
Key Takeaways
- A person riding a bicycle has the rights and duties of any other driver (§ 61-8-602, MCA).
- Drivers may pass a cyclist only when it is safe, and must yield to cyclists in a bike lane (§ 61-8-320, MCA).
- An electrically assisted bicycle is legally a bicycle in Montana (§ 61-8-102, MCA).
Hit while riding in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why are Helena’s streets risky for cyclists?
Helena is a riding town built on hills, and the hills bring riders and drivers together in tight places.
- The South Hills trail system. Helena has roughly 75 miles of trail directly above town, with about 28 access points reached from neighborhood streets. That means riders climbing and descending residential streets to reach trailheads, often on the same narrow, steep roads that drivers use to get home. A car backing out of a driveway or turning across a descending rider has very little time to react.
- Downtown and Last Chance Gulch. Parked cars, delivery stops and pedestrians crowd the historic downtown. A driver or passenger opening a door into a cyclist’s path (dooring) is against Montana law when it is not reasonably safe (§ 61-8-368, MCA).
- Arterials. Benton Avenue near Carroll College, Montana Avenue, Prospect and 11th Avenues, Euclid and Lyndale Avenues, and Custer Avenue carry the city’s heaviest traffic. Right hooks, where a driver turns right across a rider, and left turns into oncoming cyclists are the familiar crash types.
- The Great Divide Mountain Bike Route. The long-distance route runs through Helena, and riders on it are often unfamiliar with local traffic, carrying heavy loads and entering town off steep grades.
- Short days and weather. Commuters ride in the dark for much of the year, and sand, ice and snow berms push riders toward the travel lane.
What happens after a bicycle accident in Helena?
Report it. A crash causing injury must be reported to police immediately (§ 61-7-108, MCA). Inside city limits that is usually the Helena Police Department, and on county roads the Lewis and Clark County Sheriff’s Office. Ask for the report number. A driver who hits a cyclist must stop, give information and render aid.
Get checked. Head and wrist injuries are common in bike crashes, and concussion symptoms can be delayed. Serious injuries are usually treated at St. Peter’s Health, which DPHHS designates a State Area Trauma Hospital.
Keep the bike and gear. The bicycle, helmet, lights, clothing and any GPS or camera data (many riders record every ride) can show your speed, your position in the lane and whether your lights were on.
Insurance. In Montana, your own auto policy’s uninsured and underinsured motorist coverage may pay even though you were on a bicycle, including after a hit-and-run. Read the policy before you assume there is no coverage.
Court. If the claim does not settle, a Helena case is filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). If the driver lives out of state, the case may be moved to the U.S. District Court’s Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street. If a city or county road hazard contributed, written notice to that government is required first (§ 2-9-301, MCA).
Montana law that applies
Crashes on trails themselves, such as collisions between riders or trail-condition injuries, raise different questions. Our Montana bicycle accident lawyer page covers the law in depth.
Why hire a Great Falls firm for a Helena case?
Bicycle cases often turn on a few seconds and a few feet, so what matters is reconstruction, ride data and a lawyer ready to explain them to a jury. We are based in Great Falls and handle bicycle cases across Montana. Our attorneys come to Helena for scene visits, depositions, hearings and trial, and we keep in touch with you by phone and video in between.
The Boland Aarab Way
- 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 try cases against government. We won a $115,000 net jury verdict for municipal negligence against a Montana town (Jack v. City of White Sulphur Springs).
- We protect verdicts. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- We are part of the trial bar. Both attorneys belong to AAJ and MTLA. Caitlin Boland Aarab is an AAJ Governor and on the MTLA Board, and Samir Aarab is also a Public Justice member.
We also handle pedestrian accidents in Helena, brain injury cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
I was hit riding to a South Hills trailhead. Who is responsible? Usually the driver who failed to yield, pass safely or watch for riders. On steep residential streets, sight lines and speed matter, and we document the scene early.
I was doored downtown. Is the driver at fault? Opening a door into traffic when it is not reasonably safe violates Montana law (§ 61-8-368, MCA). A passenger who opened the door may be responsible too.
Does it matter that I was on an e-bike? In Montana, an electrically assisted bicycle is legally a bicycle (§ 61-8-102, MCA). Your rights as a cyclist are the same.
I’m touring the Great Divide route and was hit in Helena. Can I pursue a claim after I go home? Yes. The case can be handled in Montana while you recover elsewhere, and much of it can be done by phone and video.
Will my own car insurance pay for a bike crash? Often, yes. Your uninsured or underinsured motorist coverage may apply even though you were riding. Send us your declarations page.
Talk to a Helena Bicycle Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 61-8-602, MCA · § 61-8-320, MCA · § 61-8-368, MCA · § 61-8-102, MCA · § 61-7-108, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 2-9-301, MCA · § 3-5-101, MCA · South Hills Trail System (Singletracks) · Great Divide Mountain Bike Route (Adventure Cycling)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
