Helena, MontanaHelena Bus & Rideshare Accident
Helena Bus and Rideshare Accident Lawyers: School Bus, Capital Transit, Charter Bus, Uber and Lyft Crashes
Boland Aarab PLLP.
If you were hurt in a Helena bus or rideshare crash, as a passenger, another driver or a pedestrian, who you claim against decides the rules. A school bus run by a private contractor, a City of Helena transit vehicle, a charter coach and an Uber or Lyft each carry different insurance, notice rules and damages limits. Most injury claims must be filed within 3 years.
Key Takeaways
- Claims against a school district, city or other political subdivision must be presented to its clerk or secretary, and damages are capped at $750,000 per claim and $1.5 million per occurrence (§ 2-9-301; § 2-9-108, MCA).
- An independent contractor working for a government entity is not a government “employee” under the Tort Claims Act (§ 2-9-101, MCA).
- Uber and Lyft drivers must carry at least $1,000,000 in primary coverage during a prearranged ride (§ 69-12-343, MCA).
Hurt on a bus, by a bus, or in an Uber or Lyft in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Who runs the buses and rides in Helena?
School buses. Helena Public Schools contracts its home-to-school bus service with a private transportation company, while the district handles routing and student discipline (Helena Public Schools, Transportation). That matters. When a private company employs the driver and owns the bus, the company and its insurer may be the main defendants, and the government claim rules and caps may not govern the claim against it. The district itself remains a political subdivision with its own presentation requirements if its own conduct, such as routing or stop placement, is at issue. We get the contract and find out who owned the bus and employed the driver.
Capital Transit. The City of Helena runs Capital Transit, which now operates as a curb-to-curb, ride-scheduling service within city limits, with limited service to the East Valley and East Helena (City of Helena, Capital Transit). Because it is a city service, a claim for a transit crash, a sudden-stop fall, or a wheelchair lift or securement failure is a claim against the city: it must be presented to the city clerk under § 2-9-301(3), damages are capped under § 2-9-108, and punitive damages are not available (§ 2-9-105, MCA). Many riders are older adults or people with disabilities, and door-to-door service means many injuries happen while boarding, at the curb or inside the vehicle.
Charter, tour and intercity buses. Helena sees team and school buses on I-15 for tournaments, tour coaches headed to the Gates of the Mountains, Glacier and Yellowstone, and coaches serving events and conventions in the capital. Interstate for-hire carriers must carry at least $5 million in coverage for vehicles seating 16 or more (49 C.F.R. § 387.33) and follow federal hours-of-service limits (49 C.F.R. § 395.5). MacDonald Pass, Wolf Creek Canyon and winter driving raise the stakes of fatigue and poor maintenance.
Uber and Lyft. Montana calls them transportation network carriers. They operate under a Class E certificate from the Montana Public Service Commission, which is headquartered at 1701 Prospect Avenue in Helena (PSC Motor Carrier Compliance), and they are governed exclusively by state law, not by local ordinances (§ 69-12-342, MCA). Rides to and from Helena Regional Airport, Carroll College, the Capitol and downtown are common trips.
What happens after a bus or rideshare crash in Helena?
- Call police. In the city, the Helena Police Department; on county roads, the Lewis and Clark County Sheriff’s Office; on I-15 and state highways, the Montana Highway Patrol.
- Get medical care. Serious injuries are usually treated at St. Peter’s Health in Helena, a DPHHS-designated State Area Trauma Hospital.
- Record the details. The bus number, the company name on the bus, the rideshare driver’s name and plate, and screenshots of the app trip.
- Present claims to public bodies early. A claim involving Capital Transit goes to the City of Helena’s clerk; one involving the school district’s own conduct goes to the district’s clerk or secretary (§ 2-9-301(3)).
- Preserve video and data. School buses, transit vehicles and charter coaches often have on-board cameras and electronic data that are overwritten on short schedules. Rideshare app data showing the driver’s status should be demanded right away.
- Know where the case goes. A Helena bus or rideshare lawsuit is generally filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). Out-of-state charter companies and national rideshare insurers may remove cases to the federal Helena Division at the Paul G. Hatfield Federal Courthouse (D. Mont. L.R. 1.2).
Montana law that applies
Briefly: government entities, including school districts and cities, are subject to claim presentation, damages caps and immunity from punitive damages (§§ 2-9-101, -105, -108, -301). Drivers approaching a stopped school bus with flashing red lights from either direction must stop about 30 feet away, and may not pass on the right (§ 61-8-351, MCA). Rideshare coverage depends on the driver’s app status: $50,000 per person, $100,000 per incident and $25,000 property damage while logged on and waiting, and at least $1,000,000 during a prearranged ride, with the company’s insurer providing first-dollar coverage if the driver’s lapses (§ 69-12-343). Comparative fault applies (§ 27-1-702), and most claims have a 3-year deadline (§ 27-2-204, MCA). The statewide Montana bus accident lawyer page covers each type of case in more detail.
Why hire a Great Falls firm for a Helena case?
Bus and rideshare cases put injured people up against government entities, national transportation companies and their insurers at once. We have taken public bodies to trial and are at home in federal court. We are based in Great Falls, handle cases statewide, and our attorneys travel to Helena for depositions, hearings and trial. We do not have a Helena office.
The Boland Aarab Way
- We hold public bodies accountable. We won a $115,000 net jury verdict in a municipal negligence case in Meagher County (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 try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana.
We also handle pedestrian accidents in Helena, car accidents in Helena and other Helena personal injury cases.
Frequently Asked Questions
My child was hurt on a Helena school bus. Who is responsible? Often the private company that employs the drivers and operates the buses, and sometimes the school district for its own decisions. A driver who illegally passed the stopped bus may also be responsible.
I fell inside a Capital Transit vehicle. Do I have a claim? Possibly, if the driver or the city was careless. Because Capital Transit is a City of Helena service, the claim must be presented to the city clerk and is subject to Montana’s government damages caps.
Who regulates Uber and Lyft in Helena? The Montana Public Service Commission, headquartered in Helena, issues their Class E certificates, and state law sets their insurance requirements. The City of Helena may not add its own rules (§ 69-12-342, MCA).
How much insurance covers an Uber or Lyft ride in Helena? At least $1,000,000 during a prearranged ride, and lower limits while the driver is logged on and waiting (§ 69-12-343, MCA). If the app was off, the driver’s personal policy usually applies.
How long do I have after a Helena bus crash? Generally 3 years (§ 27-2-204, MCA), but claims involving the city or school district must first be presented under § 2-9-301. Start early.
Talk to a Helena Bus and Rideshare Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 2-9-101, MCA · § 2-9-105 · § 2-9-108 · § 2-9-301 · § 61-8-351 · § 69-12-342 · § 69-12-343 · § 27-1-702 · § 27-2-204 · 49 C.F.R. § 387.33 · 49 C.F.R. § 395.5 · Capital Transit · Helena Public Schools Transportation · Montana PSC
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
