Most vehicle accidents are caused by the careless or negligent actions of one or more drivers on the roadway. If your accident was caused 100% by another driver(s), then that individual’s insurance carrier will be responsible for paying 100% of your injury expenses, property damage expenses, and other losses. In the event more than one driver was responsible for the crash, the insurance carriers will have to battle about who holds what percentage of responsibility in order to appropriately compensate you for your losses. Even if there are multiple other parties at fault, this should not affect your ability to recover 100% of your losses.
However, it is certainly possible for Missoula car accident injury victims to be partially responsible for causing the crash. When this occurs, we will have to examine Montana's “comparative negligence” law. Under this system, individuals cannot recover compensation if they are 50% or more responsible for causing the car accident. However, individuals who are less than 50% responsible can still recover partial compensation. The total amount of compensation in person receives in these situations will be reduced based on their overall percentage of fault.
For example, suppose an individual sustains $100,000 worth of medical bills, property damage expenses, and pain and suffering damages. However, if a jury determines that the same individual was 25% responsible for causing the incident, then they would receive $75,000 instead of the full $100,000.