Kalispell, MontanaKalispell Bicycle Accident
Kalispell Bicycle Accident Lawyers: Cyclist and E-Bike Crashes on Valley Roads, Trails and Going-to-the-Sun Road
Boland Aarab PLLP.
A cyclist hit by a driver in Kalispell has the same rights as any other road user, and Montana law treats most e-bikes as bicycles. Most claims must be filed within three years, in the Eleventh Judicial District Court in Kalispell. Your own auto policy’s uninsured and underinsured coverage may pay even though you were on a bike.
Hit while riding in Kalispell, Whitefish, Columbia Falls or Glacier? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do bicycle crashes happen around Kalispell?
The Flathead Valley has invested in trails, but most of them eventually cross or run beside a highway.
- Trail crossings. The paved Great Northern Historical Trail runs about 22 miles from Somers to Kila by way of Kalispell. It follows US-93 north from Somers, swings west near the bypass, and follows US-2 west. Every road and driveway crossing is a place where a turning driver can miss a rider. Downtown, the Parkline Trail replaced the old rail line through the city center and crosses city streets along the way.
- Main Street and Idaho Street. Since the bypass opened, downtown Main Street carries less through traffic. It still has parked cars and opening doors, and drivers turning onto and off Idaho Street (US-2).
- Going-to-the-Sun Road. Cyclists ride the road in large numbers. Because it is so narrow and busy, the Park Service bars bicycles from the Apgar turnoff to Logan Pass between 3 and 6 p.m. from late May through early September. The rule tells riders when not to be there. It does not excuse a driver who hits a cyclist at any other time.
- Rural two-lanes. Riders on the roads around Whitefish, Columbia Falls, Bigfork and the North Fork share narrow shoulders with pickups, trailers and logging traffic. Rumble strips, gravel and chip-seal can push a cyclist into the lane.
- Summer visitors. Drivers unfamiliar with the valley, looking at maps or mountains, are a real part of the risk from June through September.
What happens after a bicycle accident in Kalispell?
Call it in.
- In Kalispell, the Kalispell Police Department takes the report.
- On county roads and trails outside town, the Flathead County Sheriff’s Office takes it.
- On the highways, the Montana Highway Patrol takes it.
- In Glacier National Park, it is the park rangers.
Ask for the report number. Get the driver’s name, insurer and plate, and photograph the scene before the car moves.
Keep the bike, the helmet and your clothing. Don’t repair or discard anything. Damage to the frame, wheel and helmet can show the angle and speed of impact. If you ride with a camera or a GPS computer, save the file.
Get medical care and follow up. Logan Health Medical Center in Kalispell and Logan Health – Whitefish are the nearest emergency departments. A head injury can seem minor at first even with a helmet.
The legal path.
- Most cyclist claims are resolved with the driver’s insurer and your own UM/UIM insurer.
- If a lawsuit is needed, a Flathead County case goes to the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street.
- A case against an out-of-state visitor may be removed to the federal Missoula Division.
- A claim involving a federal vehicle or employee in the park must first be presented in writing to the agency.
- A claim involving a road or trail condition maintained by the City of Kalispell or Flathead County requires written notice under Montana’s governmental-claims rules (§ 2-9-301, MCA).
Montana law that applies
A short summary. Our Montana bicycle accident lawyer page has the detail.
- Same rights and duties: a person on a bicycle has the rights and duties of a driver (§ 61-8-602, MCA).
- Safe passing: drivers may not pass a cyclist unless it is safe, and must yield to cyclists in a bike lane (§ 61-8-320, MCA).
- Dooring: opening a car door into traffic when it isn’t reasonably safe is unlawful (§ 61-8-368, MCA).
- E-bikes: an electrically assisted bicycle is legally a bicycle (§ 61-8-102, MCA).
- Fault and deadlines: recovery is allowed if your fault is not greater than the defendants’ combined fault (§ 27-1-702, MCA). Most claims must be filed within 3 years (§ 27-2-204, MCA).
Why hire a Great Falls firm for a Kalispell case?
We are a Great Falls trial firm, and we handle cyclist cases across Montana. We travel to Kalispell and Missoula for depositions, hearings and trial, and we visit the crossing or curve where it happened. Bicycle cases often turn on how a jury sees cyclists. We prepare to answer the “cyclists don’t belong on the highway” argument with the law and the facts.
The Boland Aarab Way
- More than 4,000 hours in the courtroom between our attorneys.
- Verdicts we defend. We had a $168,500 jury verdict reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137), and we won a $115,000 net jury verdict for municipal negligence in Jack v. City of White Sulphur Springs.
- Trial-bar members. Both attorneys belong to AAJ and MTLA, and Samir Aarab is also a member of Public Justice.
We also handle pedestrian accident cases in Kalispell and brain injury cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I was hit where the Great Northern trail crosses a road. Who had the right of way? It depends on the signs and signals at that crossing, but drivers always have a duty of due care. We look at the crossing design, sight lines and the driver’s speed.
I was riding Going-to-the-Sun Road during the restricted hours. Can I still recover? Possibly. Breaking a park rule may count toward your share of fault, but it doesn’t automatically bar recovery. The driver’s conduct still matters.
My e-bike was hit in Kalispell. Is it treated like a motorcycle? No. Montana treats an electrically assisted bicycle as a bicycle, so bicycle rules and protections apply.
The driver left. What now? Report it to police right away. Your own uninsured motorist coverage may pay for a hit-and-run even though you were on a bike.
Where would a Kalispell bicycle case be filed? In the Eleventh Judicial District Court in Kalispell, or in the federal court in Missoula if an out-of-state driver removes it.
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.
