Helena, MontanaHelena Motorcycle Accident
Helena Motorcycle Accident Lawyers: Motorcycle Crashes on MacDonald Pass, Wolf Creek Canyon and Canyon Ferry Roads
Boland Aarab PLLP.
Motorcycle crashes around Helena happen on mountain and lake roads that draw riders all summer: US-12 over MacDonald Pass, I-15 and the frontage roads through Wolf Creek Canyon, and the routes out to Canyon Ferry. Montana law gives riders the same rights as drivers, and an adult rider without a helmet is not breaking the law.
Key Takeaways
- A motorcyclist has the same rights on the road as any other driver (§ 61-8-359, MCA).
- Montana requires helmets only for riders and passengers under 18 (§ 61-9-417, MCA).
- You can recover if your share of fault is not greater than the defendants’ combined (§ 27-1-702, MCA). Most claims must be filed within 3 years (§ 27-2-204, MCA).
Hurt on a motorcycle in or around Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do Helena motorcycle crashes happen?
Helena’s riding season is short and intense, and most of it is on roads with little margin for a driver’s mistake.
- MacDonald Pass (US-12). The highway climbs west from Helena to the Continental Divide at 6,312 feet, with curves, grades and passing zones. A driver who crosses the centerline on a curve or pulls out to pass without room is the classic head-on risk for a rider.
- Wolf Creek Canyon and the Missouri River corridor. North of town, I-15 follows Little Prickly Pear Creek through the canyon toward Wolf Creek. Many riders leave the interstate there for the slower river roads toward Craig, where gravel on the pavement, fishing traffic and blind corners are the hazards.
- Canyon Ferry and Hauser Lakes. East of Helena, the lake roads carry boat trailers, RVs and campers in the same months as motorcycles. Trailers swinging wide and vehicles turning into access points without seeing a rider are common crash patterns.
- In-town arterials. On Montana Avenue, Cedar Street, Custer Avenue and Prospect Avenue, the left-turning driver who “didn’t see” the motorcycle is the most familiar crash in any city.
- Spring and fall. Sand left over from winter road treatment, frost in shaded corners and deer at dusk make the edges of the season especially dangerous.
Riders are often blamed for crashes they didn’t cause. Early investigation matters: scene photos, skid and gouge marks, the motorcycle’s condition and witness statements.
What happens after a motorcycle accident in Helena?
Reporting. Crashes on US-12, I-15 and US-287 are usually investigated by the Montana Highway Patrol. City crashes go to the Helena Police Department, and county roads to the Lewis and Clark County Sheriff’s Office. A crash with injury must be reported immediately (§ 61-7-108, MCA).
Medical care. Seriously hurt riders in the Helena area usually go to St. Peter’s Health, a DPHHS-designated State Area Trauma Hospital. The most severe injuries may be transferred to a Level 2 center in Great Falls or Missoula, or a Level 1 center in Billings. A crash on the far side of MacDonald Pass, in Powell County, may send a rider elsewhere first.
The motorcycle is evidence. Do not let an insurer total and scrap the bike before it is inspected in a serious case. Keep the helmet, the gear and any camera footage.
Court. A lawsuit over a Lewis and Clark County crash is filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway. A crash on the Powell County side of the pass is venued differently. Montana venue law looks to where the crash happened or where a defendant lives (§ 25-2-122, MCA). Out-of-state drivers, common on these routes in summer, may move the case to the Helena Division of the U.S. District Court at the Paul G. Hatfield Federal Courthouse, which covers both Lewis and Clark and Powell Counties (D. Mont. L.R. 1.2).
Montana law that applies
Briefly:
- Equal rights. A rider has the full rights of a driver (§ 61-8-359, MCA).
- Helmets. Adults may ride without a helmet (§ 61-9-417, MCA). Doing so is not a violation of law.
- Lane filtering. Riders may pass stopped or slow traffic (10 mph or less) at no more than 20 mph when it is safe (§ 61-8-392, MCA).
- Comparative fault. Your recovery is reduced by your share of fault and barred only if your share is greater than the defendants’ combined (§ 27-1-702, MCA).
- Insurance. Your own uninsured and underinsured motorist coverage on the motorcycle policy can be critical when the driver carried only the $25,000 minimum (§ 61-6-103, MCA).
Our Montana motorcycle accident lawyer page covers rider bias, insurance and damages in depth.
Why hire a Great Falls firm for a Helena case?
Juries in motorcycle cases have to get past assumptions about riders. What matters most is a lawyer who builds the case with reconstruction and gets it ready for trial. We are based in Great Falls and handle motorcycle cases statewide. Our attorneys come to Helena and to the crash scene, whether it is on the pass, in the canyon or at the lake, for inspections, depositions, hearings and trial.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties. Meagher County is one of the counties in the federal Helena Division.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client after a trial judge threw it out (Voegel v. Salsbery, 2023 MT 137).
- We put in the time. Our attorneys have spent more than 4,000 hours in the courtroom.
- You work with the lawyers. The attorneys who handle your case are the ones you talk to from the first call.
We also handle brain injury cases in Helena, spinal cord injury cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
I crashed on the Powell County side of MacDonald Pass. Can I still use a Helena lawyer? Yes. Venue depends on where the crash happened and where the defendant lives, but we handle cases statewide. Both Lewis and Clark and Powell Counties are in the federal Helena Division.
Will not wearing a helmet hurt my case? Adults are not required to wear one in Montana (§ 61-9-417, MCA). The defense may still argue about injuries, so tell us early and let us address it.
The driver said they never saw me. Does that matter? “I didn’t see the motorcycle” is not a defense. Drivers must look for and yield to riders like any other vehicle.
What if gravel or road sand caused my crash? It depends on whether another driver was at fault, or whether a road owner knew of a hazard and did not fix it. Claims against the State, county or city carry written-notice rules (§ 2-9-301, MCA).
Can I lane-filter in Helena traffic? Montana allows passing stopped or slow traffic at 20 mph or less, when it is safe (§ 61-8-392, MCA). A rider filtering lawfully is not at fault for that reason alone.
Talk to a Helena Motorcycle Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 61-8-359, MCA · § 61-9-417, MCA · § 61-8-392, MCA · § 61-7-108, MCA · § 61-6-103, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 25-2-122, MCA · § 2-9-301, MCA · D. Mont. L.R. 1.2 · MacDonald Pass
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
