Missoula, MontanaMissoula Motorcycle Accident
Missoula Motorcycle Accident Lawyers: Lolo Pass, US-93 and Reserve Street Motorcycle Crashes in Missoula County
Boland Aarab PLLP.
Riders around Missoula have some of the most beautiful roads in the West and some of the most unforgiving. If a driver turned in front of you on Reserve Street, or a crash on U.S. 12 or U.S. 93 left you badly hurt, Montana law lets you recover even without a helmet and even if you share some fault. Most cases are filed in the Fourth Judicial District Court in Missoula.
Key Takeaways
- Montana requires helmets only for riders and passengers under 18 (§ 61-9-417, MCA).
- Lane filtering is legal when traffic is stopped or moving 10 mph or less, at no more than 20 mph, when safe (§ 61-8-392, MCA).
- You generally have 3 years to file (§ 27-2-204, MCA).
Injured in a motorcycle crash in or around Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where are the riding hazards around Missoula?
Missoula is a hub for riders because five valleys and several of Montana’s most popular riding roads meet here. Each has its own dangers:
- U.S. 12 over Lolo Pass. From Lolo, U.S. 12 climbs west past Lolo Hot Springs to the Idaho line at Lolo Pass, 5,233 feet up, and then follows the Lochsa River through Idaho on a long, curving two-lane road. Riders come from across the country for it. Hazards include blind curves, gravel on the shoulders, cars and trucks drifting over the center line, and snow and ice that can linger in shaded corners well into spring and return early in fall.
- U.S. 93 south through the Bitterroot. Between Missoula, Lolo, Florence and Hamilton, U.S. 93 carries heavy commuter traffic with frequent turns into subdivisions, businesses and ranch approaches. Left-turning drivers who do not see an oncoming motorcycle are a leading cause of serious rider injuries everywhere, and this corridor has many turning points.
- U.S. 93 north over Evaro Hill. Heading toward Arlee and Flathead Lake, the highway climbs Evaro Hill through wildlife habitat. The rebuilt highway includes dozens of wildlife crossings and a wildlife overpass, but deer and elk still reach the road, especially at dawn and dusk.
- Montana 200 and the Seeley-Swan. East of Bonner, MT 200 follows the Blackfoot River to Clearwater Junction, where Montana 83 turns north toward Seeley Lake. These are popular summer loops with long, curving stretches, logging traffic and recreational vehicles.
- Reserve Street and Brooks Street in town. Stop-and-go traffic, rear-end crashes and turning vehicles are the main risks in the city. The Reserve Street Safety Action Plan found most crashes there occur at or near intersections and involve rear-ends and turning vehicles (Reserve Street Safety Action Plan).
Missoula’s riding season runs roughly from spring thaw to the first hard freeze, and the edges of the season are the most dangerous. Sand and gravel left from winter road treatment, cold tires, and drivers who have not seen a motorcycle for months all add risk. In late summer, wildfire smoke can reduce visibility.
What happens after a motorcycle accident in Missoula?
The report. Crashes in town are investigated by the Missoula Police Department. On Lolo Pass, U.S. 93 and MT 200, the Montana Highway Patrol is the primary investigator, because the Missoula County Sheriff’s Office does not investigate crashes outside city limits (Missoula County Sheriff).
Distance and medical care. A crash high on Lolo Pass can mean a long wait for an ambulance or a helicopter. Riders are usually brought to Providence St. Patrick Hospital, which DPHHS lists as an ACS Level 2 / State Regional Trauma Hospital (DPHHS). A crash on the Idaho side of the pass is governed by Idaho law and its own deadlines. Ask us early if you are unsure where the crash happened.
Evidence. Motorcycle cases often turn on sight lines, speed estimates and whether the other driver looked. We preserve your bike and gear, get the scene photographed before road conditions change, and look for dash-camera or business video, especially along Reserve and Brooks.
The court. A Missoula County case is filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway, and tried to a Missoula County jury. If the at-fault driver lives in another state, which is common with summer tourist traffic, the case may be moved to the Missoula Division of the federal court at 201 East Broadway (U.S. District Court, Missoula).
Montana law that applies
- No helmet does not bar your claim. Adults are not required to wear one (§ 61-9-417, MCA).
- Riders have the same rights on the road as other drivers (§ 61-8-359, MCA).
- Shared fault reduces, but does not bar, recovery unless your share is greater than that of those responsible (§ 27-1-702, MCA).
For more on bias against riders, insurance and damages, see our Montana motorcycle accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle motorcycle cases across Montana. The questions that decide these cases, such as sight lines, speed, helmet arguments and insurance coverage, are the same in every county. Our attorneys travel to Missoula for depositions, scene inspections, hearings and trial, and we can meet with you by phone or video while you recover.
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 protect verdicts. We took a $168,500 jury verdict to the Montana Supreme Court and had it reinstated (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.
- You work with the lawyers. The attorneys handling your case are the ones you talk to.
We also handle Missoula brain injury and Missoula spinal cord injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
I crashed on the Idaho side of Lolo Pass. Does Montana law apply? Probably not. A crash in Idaho is usually governed by Idaho law and Idaho deadlines, even if you live in Missoula. Call early so we can sort out the right forum.
Can I split lanes on Reserve Street? Montana allows lane filtering only when traffic is stopped or moving 10 mph or less, at no more than 20 mph, and only when it is safe. Filtering at higher speeds is not permitted.
Who investigates a motorcycle crash on U.S. 93 between Lolo and Missoula? Outside city limits, the Montana Highway Patrol. Inside Missoula, the Missoula Police Department.
Will the insurance company blame me for not wearing a helmet? It may try. Adults are not required to wear a helmet in Montana, and the question is whether the other driver caused the crash.
A deer ran out and a car swerved into me near Evaro. Who is responsible? It depends on how the driver reacted. A driver who swerves into another lane without control can be at fault, even if an animal started the chain of events.
Talk to a Missoula Motorcycle 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.
