Kalispell, MontanaKalispell Car Accident
Kalispell Car Accident Lawyers: US-93, US-2 and Bypass Crashes in Flathead County
Boland Aarab PLLP.
If you were hurt in a car crash in Kalispell or anywhere in Flathead County, you generally have three years to file a lawsuit. A case filed in state court goes to the Eleventh Judicial District Court at the Flathead County Justice Center on South Main. Your own uninsured and underinsured coverage often matters more than the other driver’s policy.
Hurt in a crash on Main Street, Idaho Street, the bypass or a valley highway? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do car crashes happen in and around Kalispell?
Kalispell’s traffic runs on two federal highways that cross in the middle of town, and on one bypass built to take pressure off both.
- Main Street and Idaho Street. US-93 runs through town as Main Street and US-2 runs as Idaho Street. They meet downtown, so local errands, delivery trucks and through traffic heading for Whitefish, Columbia Falls or Glacier National Park all use the same intersections.
- The Kalispell Bypass (US-93 Alternate). The 7.5-mile route around the west side of the city opened in full in October 2016. Its roundabout at Foys Lake Road and Meridian Road and its at-grade crossings carry commuter traffic at highway speeds.
- US-2 through Evergreen. East of downtown, US-2 is a busy commercial corridor with driveways, turn lanes and left-turning traffic before it heads toward Columbia Falls.
- US-93 north and south. North, the highway carries Whitefish commuters. South, it follows the west shore of Flathead Lake through Somers and Lakeside.
- MT-35. The east-shore route to Bigfork and Polson is narrow and pinned between the lake and the mountains. In summer it is often busy.
Two seasons shape the valley’s crash patterns. Summer brings visitors in rental cars who don’t know the roads and are looking for the turn to West Glacier. Winter brings snowpack, black ice and short days. Neither excuses careless driving: Montana law expects every driver to adjust speed and following distance to the conditions.
What happens after a car accident in Kalispell?
The report. Which agency writes the crash report depends on where the crash happened:
- inside Kalispell city limits, usually the Kalispell Police Department;
- on county roads, the Flathead County Sheriff’s Office at the Justice Center;
- on the highways, the Montana Highway Patrol, whose District VI is headquartered in Kalispell.
Montana requires drivers to report crashes involving injury, death or significant property damage (§ 61-7-108, MCA). MHP releases its reports to the people involved, their insurers and their attorneys. Sheriff’s reports are requested through the County Attorney’s Office and are generally released after the case is closed.
The claim. Most car cases settle with insurance companies. When a tourist or a rental car is involved, the insurer is often based out of state. Adjusters will ask for a recorded statement early. You are not required to give the other driver’s insurer one.
The court. If the case does not settle, a state-court lawsuit is filed in the Eleventh Judicial District Court, which serves Flathead County alone (§ 3-5-101(11), MCA). The court sits at the Flathead County Justice Center, 920 South Main Street, Suite 310. If the at-fault driver lives in another state, the defense may move the case to the U.S. District Court’s Missoula Division, at the Russell Smith Courthouse, 201 East Broadway. Montana law still applies there.
Montana law that applies
A short version. The full discussion is on our Montana car accident lawyer page.
- Deadline: 3 years for most injury claims (§ 27-2-204, MCA). Claims against the State, Flathead County or the City of Kalispell require written notice first (§ 2-9-301, MCA).
- Shared fault: you can recover if your share of fault is not greater than the combined fault of those you sue. Your award is reduced by your percentage (§ 27-1-702, MCA).
- Low minimum coverage: Montana requires only $25,000 per person and $50,000 per accident in liability coverage for injuries (§ 61-6-103, MCA). Your own UM/UIM coverage is often what pays for a serious injury.
- Seat belts: whether you wore one is not admissible in a Montana injury case (§ 61-13-106, MCA).
- Medical bills before settlement: when liability is reasonably clear, the at-fault driver’s insurer may have to pay medical bills as they come in (Ridley v. Guaranty National Insurance Co., 286 Mont. 325 (1997)).
What should you do after a crash in the Flathead Valley?
- Get checked. Logan Health Medical Center on Buffalo Hill is the region’s largest hospital and a state-designated trauma hospital. Logan Health – Whitefish also takes trauma patients. Some injuries, including concussions, show up days later.
- Photograph the scene, including the vehicles, the road surface and any snow or ice, and get witness names. Visitors leave the valley quickly, so get their contact information before they go.
- Write down the rental company if the other car was a rental. Rental coverage and the driver’s own policy may both apply.
- Report the claim to your own insurer, and ask what UM/UIM coverage you carry.
- Call a lawyer before you sign anything or give the other side a recorded statement.
Why hire a Great Falls firm for a Kalispell case?
We don’t have a Kalispell office, and we won’t pretend otherwise. We are based in Great Falls and handle injury cases across Montana. Our attorneys travel to Kalispell and Missoula for depositions, hearings and trial, and much of a car case (records, experts, negotiation) is done the same way wherever the crash happened. What you get is trial lawyers who prepare every case as if a Flathead County jury will decide it.
The Boland Aarab Way
- We try cases. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials in Cascade, Phillips, Meagher and Yellowstone Counties.
- We protect verdicts on appeal. After a trial judge threw out a Phillips County jury’s $168,500 verdict for a woman who was rear-ended while stopped, we had it reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
- 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. That matters when an out-of-state driver’s insurer moves a case to Missoula.
- You work with the lawyers, from the first call to the verdict.
We also handle truck accident cases in Kalispell and pedestrian accident cases in Kalispell. See all of our Kalispell personal injury work.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Where is a Kalispell car accident lawsuit filed? In state court, cases go to the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street. If the defendant lives out of state, the case may be moved to the federal court in Missoula.
Who investigates a crash on the Kalispell bypass or US-93? Usually the Montana Highway Patrol, whose District VI is based in Kalispell. Crashes on city streets are usually handled by the Kalispell Police Department, and crashes on county roads by the Flathead County Sheriff’s Office.
The driver who hit me was a tourist in a rental car. What now? The driver’s own auto policy, the rental company’s coverage and your own UM/UIM coverage may all be in play. We sort out the order of coverage and deal with out-of-state insurers, so you don’t have to.
Does icy weather on US-2 mean nobody is at fault? No. Montana drivers must drive at a speed that is reasonable for the conditions. Winter conditions are often part of the reason a crash was preventable.
Do I need a lawyer with an office in Kalispell? No. You need a lawyer who will prepare your case for trial. We are based in Great Falls, handle cases statewide, and travel to Kalispell and Missoula for depositions, hearings and trial.
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.
