Missoula, MontanaMissoula Bus and Rideshare Accident
Missoula Bus and Rideshare Accident Lawyers: Mountain Line, School Bus, Charter Bus, Uber and Lyft Crashes in Missoula County
Boland Aarab PLLP.
If you were hurt in a bus or rideshare crash in Missoula, as a passenger, another driver, a cyclist or a pedestrian, you can usually recover from the driver and the company or public body behind it. Who that is decides the rules: Mountain Line and school districts follow government claim rules, charter buses follow federal safety rules, and Uber and Lyft follow Montana’s rideshare insurance statute.
Key Takeaways
- Claims against a school district or other local government body must be presented to its clerk or secretary (§ 2-9-301, MCA), and damages are capped at $750,000 per claim and $1.5 million per occurrence (§ 2-9-108, MCA).
- Montana’s rideshare law requires $1,000,000 in primary coverage during a prearranged ride (§ 69-12-343, MCA).
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
Hurt on a bus, by a bus, or in an Uber or Lyft in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Who runs the buses in Missoula?
Missoula has more bus traffic than most Montana cities, and the operator of the bus decides which rules apply.
- Mountain Line. Missoula’s public transit agency is governed by the Missoula Urban Transportation District, whose board members are appointed by the City of Missoula and Missoula County (City of Missoula board listing). Mountain Line has run zero-fare service since January 2015 (Mountain Line), and its buses share Higgins, Broadway, Russell, Reserve and Brooks with heavy traffic, cyclists and pedestrians. Because Mountain Line is a public body, a claim against it generally follows Montana’s government-claim rules, including written presentation and damages caps.
- School buses. Children in the Missoula area ride buses run by their school districts or by private contractors under contract with them. Whether the district or a private company employed the driver affects the caps and immunities.
- University and event buses. Shuttles serving the University of Montana campus, charter buses for athletic teams and school trips, and event buses for concerts and games move large groups through town.
- Intercity and charter buses on I-90. Interstate 90 carries intercity coaches and tour buses through Missoula between Spokane, the Flathead and southwest Montana. Interstate passenger carriers must follow federal safety rules and carry at least $5 million in financial responsibility for vehicles seating 16 or more (49 C.F.R. § 387.33).
Who pays after an Uber or Lyft crash in Missoula?
It depends on what the rideshare driver was doing in the app at the moment of the crash. Rideshare trips in Missoula cluster at predictable places: the Missoula Montana Airport, downtown at bar close, the university and around game days. Under § 69-12-343:
| What the driver was doing | Minimum coverage |
|---|
| App off | The driver’s personal auto policy governs |
| Logged on, waiting for a ride request | $50,000 per person, $100,000 per incident, $25,000 property damage, plus UM coverage when required |
| Engaged in a prearranged ride | At least $1,000,000, plus UM coverage when required |
A passenger in an Uber or Lyft who is hurt by another driver may also have a claim under that driver’s policy and under the passenger’s own UM or UIM coverage. We identify every policy before anyone accepts an offer.
What happens after a bus or rideshare crash in Missoula?
Investigation. The Missoula Police Department investigates crashes inside city limits; the Montana Highway Patrol investigates outside them (Missoula County Sheriff). Crash reports are generally available from MPD Records within 7 to 10 business days (City of Missoula).
Medical care. Seriously injured people are usually taken to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS).
Preserve the video. Transit buses, school buses and many charter coaches carry on-board cameras, and public agencies keep footage only for limited periods. Rideshare apps keep trip data. We send preservation requests right away to the operator, and to Uber or Lyft, for video, trip records, driver logs and maintenance files.
Present the claim. For Mountain Line or a school district, the claim must be presented in writing to the entity’s clerk or secretary before a lawsuit (§ 2-9-301(3)).
Which court. A lawsuit can be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). A case against an out-of-state charter company or a rideshare company may be removed to the Missoula Division of the U.S. District Court at 201 East Broadway (U.S. District Court, Missoula).
Montana law that applies
- Government defendants: written claim presentation, the $750,000/$1.5 million caps, and no punitive damages (§ 2-9-105, MCA).
- School bus stops: drivers must stop for a school bus with flashing red lights, from either direction (§ 61-8-351, MCA).
- Charter buses: federal hours-of-service limits for passenger-carrying drivers (49 C.F.R. § 395.5).
- Shared fault under § 27-1-702, MCA.
For more, see our Montana bus and rideshare accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle bus and rideshare cases statewide. These cases turn on who owned the vehicle, who employed the driver, and which set of rules applies, and we sort that out at the start. Our attorneys travel to Missoula for depositions, hearings and trial.
The Boland Aarab Way
- We hold public bodies accountable. A jury returned a $115,000 net verdict for our client in a municipal negligence case (Jack v. City of White Sulphur Springs).
- 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 know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle Missoula pedestrian accident and Missoula uninsured motorist cases, and other Missoula personal injury claims.
Frequently Asked Questions
I was hurt on a Mountain Line bus. How do I make a claim? Get medical care, report the injury, and have the claim presented in writing to the transit district before any lawsuit. Government claim rules and damages caps generally apply.
Mountain Line is free. Does that affect my claim? No. A zero-fare system still owes passengers, drivers and pedestrians reasonable care.
My Uber driver crashed on the way from the Missoula airport. Who pays? During a prearranged ride, Montana requires at least $1,000,000 in primary coverage. Another driver’s insurance and your own UM or UIM coverage may also apply.
A driver passed a stopped school bus and hit my child in Missoula. What now? The driver who passed the bus is likely the primary defendant. A child’s claim should account for long-term medical needs, and the time of minority generally is not counted toward the deadline.
Will video from the bus be saved? Not necessarily. Public agencies and charter companies overwrite video on retention schedules, so a written preservation request should go out right away.
Talk to a Missoula 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
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
