Missoula Bicycle Accident Lawyers

Missoula Bicycle Accident lawyer icon, Boland Aarab PLLP

Missoula, MontanaMissoula Bicycle Accident

Missoula Bicycle Accident Lawyers: Bike Crashes, E-Bike Injuries and Dooring Cases Near the University and Downtown Missoula

Boland Aarab PLLP.

Missoula is one of Montana’s great cycling towns, which means more people on bikes and more crashes with drivers who do not see them. If a driver hit you on a Missoula street, at a trail crossing or while opening a car door, you have the same rights as any other road user. Most claims are filed in the Fourth Judicial District Court, and you generally have 3 years to act.

Key Takeaways

  • A person riding a bicycle has the rights and duties of any other driver (§ 61-8-602, MCA).
  • Drivers must pass cyclists safely and yield to cyclists in a bike lane (§ 61-8-320, MCA).
  • In Montana, an electrically assisted bicycle is legally a bicycle (§ 61-8-102, MCA).

Hurt while riding in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Why are bike crashes common in Missoula?

Because so many people ride. The University of Montana has held Gold status as a Bicycle Friendly University from the League of American Bicyclists since 2013, and the city has more than 22 miles of off-street trails and about 40 miles of on-street bike lanes (Destination Missoula). Students, commuters and recreational riders use them year-round. The risk comes where that network meets car traffic:

  • Trail crossings. The Riverfront Trail runs along the Clark Fork through downtown, and the Milwaukee Trail cuts east–west across the city. Where they cross streets, riders depend on drivers who are watching for them, and drivers turning right across a trail crossing are a frequent problem.
  • The Bitterroot Trail and U.S. 93. The Bitterroot Trail, completed in 2018, runs roughly 50 miles from Missoula to Hamilton, parallel to U.S. 93. Every road and driveway crossing along the highway is a potential conflict point with fast-moving traffic.
  • Downtown and Higgins Avenue. Parked cars, delivery vehicles and heavy foot traffic make dooring and right-hook crashes a real risk. The City of Missoula’s Higgins Avenue Corridor Plan, from Brooks Street to Broadway, is designed to improve safety for people biking, walking, driving and riding the bus (Engage Missoula).
  • Near campus. Around the university, riders mix with pedestrians, buses and drivers looking for parking. UM’s own rules ask cyclists on campus to ride no faster than double walking speed and to dismount when sidewalks are crowded (UM Transportation).
  • Russell Street and Reserve Street. These corridors carry heavy traffic with few protected places to ride. MDT’s planned Russell Street reconstruction adds bike lanes and crosswalks, but construction is not expected until about 2029 (MDT).

Missoula riders also deal with short winter days, ice at intersections, and the valley’s winter inversions, which can make low light and haze worse. E-bikes have added more riders at higher speeds, and drivers often misjudge how fast they are approaching.

What happens after a bicycle accident in Missoula?

Call the police, even if you think you are fine. Inside city limits, the Missoula Police Department takes the report. Reports are confidential under Montana law and are available to involved parties from MPD Records, 435 Ryman Street, usually within 7 to 10 business days (City of Missoula). A crash on the Bitterroot Trail corridor outside town is usually handled by the Montana Highway Patrol.

Keep the bike and gear. Do not repair the bike or throw away a cracked helmet. They show the force and direction of the impact.

Get checked. Riders are often taken to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or to Community Medical Center (DPHHS). Head injuries from bike crashes can be missed at first.

Check your own insurance. Your auto policy’s uninsured and underinsured motorist coverage may apply even though you were on a bike. That matters in hit-and-run crashes and when the driver carries only minimum limits.

The court. If the case does not settle, it is filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway. If the driver is from out of state, the case may end up in the Missoula Division of the federal court at 201 East Broadway (U.S. District Court, Missoula). A claim against the City of Missoula or Missoula County over a trail or street defect requires written notice first (§ 2-9-301, MCA).

Montana law that applies

  • Opening a car door into traffic when it is not reasonably safe is illegal (§ 61-8-368, MCA).
  • Shared fault reduces your recovery but does not bar it unless your share is greater than that of those responsible (§ 27-1-702, MCA).
  • Deadline: generally 3 years (§ 27-2-204, MCA).

For more, including e-bike classes and insurance, see our Montana bicycle accident lawyer page.

Why hire a Great Falls firm for a Missoula case?

We are based in Great Falls and handle bicycle cases statewide. Bike cases depend on scene evidence, reconstruction and a clear medical story, and that work does not depend on where our office is. Our attorneys travel to Missoula for depositions, scene visits, hearings and trial, and we keep in touch by phone and video between visits.

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 hold cities accountable. We won a $115,000 net jury verdict against a city for municipal negligence (Jack v. City of White Sulphur Springs).
  • We protect verdicts. We had a $168,500 verdict reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
  • We are part of the trial bar. Both attorneys belong to AAJ and the Montana Trial Lawyers Association.

We also handle Missoula pedestrian accident and Missoula brain injury cases, and other Missoula personal injury claims.

Frequently Asked Questions

A driver turned right across the Riverfront Trail crossing and hit me. Who is at fault? Usually the driver, who must yield where the law requires and use due care. The exact answer depends on the signals and signs at that crossing, which we document early.

I was hit on my e-bike near campus. Is that a bicycle claim? Yes. Montana treats an electrically assisted bicycle as a bicycle, so you have the same rights as any other rider.

Can I bring a claim if a car door opened in front of me downtown? Yes. Opening a door into traffic when it is not reasonably safe is illegal in Montana, and the person who opened it can be responsible.

Does my car insurance cover me if a driver hits me on my bike and leaves? Often, yes. Your uninsured motorist coverage may apply to a hit-and-run even though you were riding, not driving.

What if a pothole or trail defect caused my crash? A claim against the City of Missoula or Missoula County requires written notice before you sue. Photograph the defect and call us promptly.

Talk to a Missoula 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.