Billings Truck Accident Lawyers: Semi-Truck Crashes, 18-Wheeler Wrecks and Rollovers in Yellowstone County
Boland Aarab PLLP.
As Billings truck accident lawyers, we start with the map. Billings sits where Interstate 90 meets the western end of Interstate 94, where U.S. 87 and Montana 3 head north over the Rims, and where refinery, rail and distribution traffic share the road with commuters. A crash with a semi-truck here is not a car wreck with a bigger vehicle. It is a case against a company, governed by federal safety rules, and the evidence that proves what happened is in the carrier’s hands from the first hour.
Key Takeaways
- Truck crash cases filed in state court in Billings go to the Thirteenth Judicial District Court, which serves Yellowstone County (§ 3-5-101(13), MCA). Many are moved to the U.S. District Court, Billings Division.
- Carriers must keep a driver’s hours-of-service records for only 6 months (49 C.F.R. § 395.8(k)). A preservation demand should go out early.
- Montana allows 3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
- You can recover if your share of fault is not greater than the defendants’ combined (§ 27-1-702, MCA).
On this page: Billings freight routes · Courts · Safety rules · The first 30 days · Who is responsible · What to do · Damages and deadlines · Why Boland Aarab · FAQ
Seriously hurt, or lost someone, in a crash with a commercial truck in Billings or Yellowstone County? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do trucks travel in and around Billings?
Billings is Montana’s largest city and a freight hub for the state’s eastern half. The heavy-truck traffic follows a handful of corridors:
- Interstate 90, running along the Yellowstone River through Billings, west toward Laurel and Bozeman and southeast toward Wyoming.
- Interstate 94, which begins at I-90 in Lockwood, east of downtown, and carries freight northeast toward Miles City and North Dakota.
- U.S. 87, north through the Heights toward Roundup, and Montana 3, which climbs the Rims past the airport and runs northwest toward U.S. 12 near Lavina.
- Refinery traffic. Three refineries operate in the area: Phillips 66 in Billings, Par Pacific in Lockwood, and CHS in Laurel. Tanker trucks and industrial haulers serve all three.
- Rail and distribution. Laurel’s rail yard, operated by BNSF, and the warehouses and distribution centers around Billings put trucks on local arterials as well as on the interstates.
Winter adds black ice, blowing snow and crosswinds, and summer adds construction zones. Neither excuses a carrier. The rules require drivers to adjust to conditions, and a company that dispatches a driver into weather it knows is dangerous can share responsibility.
Which court will hear a Billings truck accident case?
It depends on who is sued and where they are from.
State court. A case filed in Yellowstone County goes to the Thirteenth Judicial District Court, at the Yellowstone County Courthouse, 217 North 27th Street in downtown Billings. Juries are drawn from Yellowstone County. Our lawyers have tried cases to juries in Yellowstone County.
Federal court. Most carriers on I-90 and I-94 are based outside Montana, so they often move (“remove”) the case to federal court. For Billings-area crashes, that usually means the Billings Division of the U.S. District Court for the District of Montana, at the James F. Battin Federal Courthouse, 2601 2nd Avenue North. Appeals go to the Ninth Circuit. Montana law on damages and fault still applies.
We are based in Great Falls and handle truck cases statewide. The distance does not change the work: the evidence, the experts and the trial preparation are the same wherever the crash happened.
What federal rules apply to trucks in Billings?
Montana adopts the Federal Motor Carrier Safety Regulations by reference (ARM 18.8.1502). The rules that most often matter:
| Rule | What it requires |
|---|
| Hours of service, 49 C.F.R. § 395.3 | For property carriers: no more than 11 hours of driving, no driving after the 14th hour on duty, a 30-minute break after 8 hours of driving, and 60/70-hour weekly limits. |
| Driver qualification, 49 C.F.R. part 391 | Carriers must qualify, screen and keep files on their drivers. |
| Drug and alcohol testing, 49 C.F.R. part 382 | Pre-employment, random and post-accident testing. |
| Inspection and maintenance, 49 C.F.R. part 396 | Systematic inspection, repair and maintenance, with records. |
| Cargo securement, 49 C.F.R. part 393 | Loads must be secured to prevent shifting and falling. |
For the full picture, including insurance minimums, crash types and the carrier’s post-crash obligations, see our Montana truck accident lawyer page.
What evidence disappears after a truck crash?
The carrier’s response usually begins before the injured family has left the hospital. Its adjuster, and sometimes its lawyer, is working the case while the most important records are still subject to short retention periods:
- Hours-of-service records: kept for only 6 months (49 C.F.R. § 395.8(k)(1)).
- Maintenance and inspection files: kept for 1 year, and for 6 months after the truck leaves the carrier’s control (49 C.F.R. § 396.3(c)).
- Post-crash testing: alcohol testing must happen within 8 hours and drug testing within 32 hours when the rules require it (49 C.F.R. § 382.303).
- Engine and logging-device data, dash-camera video, dispatch messages, bills of lading and fuel receipts, which can confirm or contradict the driver’s logs.
Our first step is a written preservation demand to every company involved, followed by our own inspection of the truck with qualified experts and, where the facts call for it, accident reconstruction.
Who can be held responsible?
Depending on the facts, responsibility can reach:
- The driver, for speed, fatigue, distraction, impairment or an unsafe maneuver.
- The motor carrier, for its driver’s conduct and for its own failures in hiring, training, scheduling and supervision.
- A broker or shipper, including a refinery, terminal or warehouse, where loading or scheduling choices contributed.
- A maintenance provider or manufacturer, for brake, tire, coupling or other equipment failures.
- A government entity, where road design or maintenance played a role, subject to special notice rules (§ 2-9-301, MCA).
Montana apportions fault among everyone responsible, including in some cases people who are not parties to the lawsuit (§ 27-1-703, MCA). Identifying every company early matters for exactly that reason.
What should you do after a truck crash in Billings?
- Get medical care first, and follow up. Some serious injuries, including brain injuries, are not obvious at the scene.
- Get the facts at the scene if you can: the carrier’s name and USDOT number on the cab door, the truck and trailer numbers, photos and witness names.
- Keep your own evidence: photos, the damaged vehicle, clothing and any dash-camera video.
- Be careful with the trucking company’s insurer. You are not required to give the other side’s insurance company a recorded statement.
- Call a lawyer quickly so a preservation demand goes out before records can lawfully be discarded.
What can you recover, and how long do you have?
Recoverable damages can include medical care now and in the future, lost earnings and earning capacity, pain and suffering, loss of the established course of life and, in a death case, the losses of the family and the estate (§§ 27-1-501, 27-1-513, MCA). Where a company acted with actual malice, punitive damages may be available, capped at $10 million or 3% of the defendant’s net worth, whichever is less (§ 27-1-220, MCA).
- 3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
- Claims against the State, Yellowstone County or the City of Billings have written-notice requirements (§ 2-9-301, MCA).
- The evidence deadlines above are shorter than any of these.
If the truck’s insurer delays clear medical bills while the case is pending, Montana law may require advance payment. See our page on insurance bad faith.
The Boland Aarab Way
We are trial lawyers, and we build every serious case as if it will be tried and then appealed.
- We protect verdicts. When a Phillips County jury’s $168,500 verdict for a woman rear-ended by a pickup was thrown out, we took it to the Montana Supreme Court and had it reinstated (Voegel v. Salsbery, 2023 MT 137). See our appellate record.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over the past nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- We are part of the trial bar. Both of our attorneys belong to the American Association for Justice and the Montana Trial Lawyers Association. Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board, and Samir Aarab is also a member of Public Justice.
- You work with the lawyers. The attorneys who brief and argue before Montana’s highest court handle your case from the first call.
We also handle car accident cases in Billings and other Billings personal injury cases, including wrongful death and catastrophic injury.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Where is a Billings truck accident lawsuit filed? In state court, cases filed in Yellowstone County go to the Thirteenth Judicial District Court in Billings. An out-of-state carrier can often move the case to the U.S. District Court’s Billings Division.
Do I need a lawyer located in Billings? No. What matters is experience with truck cases and trial. We are based in Great Falls, handle cases statewide, and our lawyers have tried cases to juries in Yellowstone County.
How long does a trucking company have to keep a driver’s logs? At least 6 months for hours-of-service records (49 C.F.R. § 395.8(k)(1)). Maintenance records must be kept 1 year. A written preservation demand should be sent as early as possible.
What if the truck was hauling for a Billings-area refinery or warehouse? The shipper or loader may share responsibility if its loading or scheduling choices contributed. We identify every company involved in the load early, because Montana apportions fault among them.
Can I still recover if I was partly at fault? Yes, if your share of fault was not greater than the combined fault of those you are suing. Your recovery is reduced by your percentage of fault (§ 27-1-702, MCA).
How long do I have to file a truck accident lawsuit in Montana? Generally 3 years for injury and wrongful-death claims (§ 27-2-204, MCA), with special notice rules for claims against government entities. The evidence clock runs much faster.
Talk to a Billings Truck Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 3-5-101, MCA · 49 C.F.R. § 395.3 · § 395.8 · § 396.3 · § 382.303 · ARM 18.8.1502 · § 27-2-204, MCA · § 27-1-702, MCA · § 27-1-220, MCA · § 2-9-301, MCA · U.S. District Court, Billings Division
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
