Billings, MT Car
Accident Attorney

Proven Lawyers for Any Injury Case

The Billings car accident attorneys at Kovacich Snipes Johnson represent people seriously injured in crashes across Yellowstone County, Montana. We handle intersection and left-turn wrecks on Grand Avenue and 24th Street West, rear-end and merging collisions on Interstate 90 near Zoo Drive and the South Billings Boulevard exits, drunk-driving crashes caused by drivers coming out of downtown and the West End, and the hit-and-runs that leave you depending on your own insurance.

KEY TAKEAWAYS

  • Montana places no general cap on compensatory damages — the full cost of trauma care at Billings Clinic or St. Vincent Healthcare, lost income, and pain and suffering can all be pursued.

  • You have three years from the date of the crash to file a personal-injury or wrongful-death lawsuit in Yellowstone County District Court; property-damage claims carry a two-year deadline.

  • Montana’s modified comparative negligence rule (MCA § 27-1-702) lets you recover as long as your share of fault is 50% or less.

  • Montana’s minimum coverage is just 25/50/20, and roughly one in 10 drivers is uninsured — so your own uninsured/underinsured motorist (UM/UIM) coverage is critical, especially against the traffic from out of state on I-90.

  • Yellowstone County reports more crashes than any county in Montana. If a drunk driver hurt you, the bar that overserved him or her may also be liable under the dram-shop law (MCA § 27-1-710) — but written notice is due within 180 days.

Billings is the largest city in Montana and the commercial hub of the eastern half of the state — and with that size comes the most traffic, and the most crashes, of any county in Montana. Yellowstone County logs well over 2,000 collisions in a typical year. For more than three decades, Kovacich Snipes Johnson has gone up against the insurance companies on behalf of injured Montanans, recovering more than $500 million in verdicts and settlements along the way.

A serious crash in Billings is rarely a fender bender on paper. The city is where the region’s most badly hurt are brought: usually Billings Clinic, the only Level I trauma center in Montana and the busiest emergency department in the state, or St. Vincent Healthcare, a Level II trauma center. A high-speed wreck on I-90 or a T-bone accident at a busy intersection can mean a trauma-bay admission, multiple surgeries and months of recovery — and medical bills that dwarf whatever insurance the at-fault driver happens to carry.

Montana’s traffic-fatality rate runs far above the national average, with more than 200 deaths a year on its roads and impaired driving a factor in over 40% of fatal crashes. The Billings district of the Montana Highway Patrol has led the state in traffic deaths, and fatal crashes in Montana’s urban areas have climbed sharply in recent years — up roughly 22% from 2021 to 2023. The combination of high-speed interstate traffic and congested city arterials keeps Billings at the top of the state’s crash numbers.

Why Billings Sees So Many Car Accidents

Geography, growth and traffic volume all push Yellowstone County to the top of Montana’s crash statistics. As the regional center for shopping, healthcare and freight across eastern Montana and northern Wyoming, Billings draws far more vehicles than its population alone would suggest — commuters from Laurel, Lockwood and Shepherd; shoppers headed to the West End; and a steady stream of interstate traffic passing through on I-90.

A handful of corridors carry an outsized share of the wrecks. King Avenue West near Shiloh Road and Shiloh Crossing is a dense commercial strip where merging and turning traffic produces constant rear-end and intersection crashes. Grand Avenue, a major east-west route lined with businesses and schools, sees frequent collisions from sudden turns and lane changes, especially where it crosses 24th Street West — the intersection of two of the busiest arterials in the city. In the Heights, Main Street mixes neighborhood traffic with near-highway speeds at intersections such as where it crosses Wicks Lane.

Interstate 90 is the other major source of serious crashes. High-speed merging around the Zoo Drive, South Billings Boulevard and Lockwood interchanges produces high-energy collisions, and the Montana Highway Patrol identifies I-90 — which runs the length of the state and goes through Billings — as the corridor where most of Montana’s fatal crashes occur. A great deal of that traffic is from out of state, which matters when it comes to insurance and where a case can be filed.

Weather adds a seasonal layer. Winter ice, snow blowing off the open country east of the city and the quick temperature swings of the high plains turn routine drives into dangerous ones, and the rural two-lane roads of Yellowstone County carry the long emergency-response times common across Montana.

Common Types of Car Accidents in the Billings Area

The traffic patterns around Billings produce a few recurring categories of crashes our attorneys handle:

Intersection and left-turn collisions are among the most common and most serious wrecks in the city, concentrated at crossings like Grand Avenue and 24th Street West, King Avenue West and Shiloh Road, and Main Street and Wicks Lane in the Heights. A driver turning across oncoming traffic or running a light frequently causes a severe side-impact (T-bone) crash.

Rear-end collisions cluster on congested commercial corridors, such as King Avenue West and 24th Street West, and on I-90 where traffic slows unexpectedly near the interchanges. Even at moderate speeds, rear-end impacts cause whiplash, herniated discs and concussions that may not be obvious at the scene.

Head-on and lane-departure crashes are the deadliest types of wrecks. On I-90 and the rural two-lane roads around Yellowstone County — the routes out toward Laurel, Shepherd and Hardin — a moment of inattention, impairment or a passing maneuver gone wrong can send vehicles into oncoming traffic at a combined speed that makes catastrophic injury almost certain.

Drunk-driving crashes are a persistent threat in a state that ranks among the worst in the nation for impaired driving. Late-night wrecks caused by drivers coming out of downtown Billings and the bars along Montana Avenue, or along the West End, are a recurring pattern — and when a bar overserves the driver, it may share liability under Montana’s dram-shop law.

Distracted-driving and hit-and-run crashes are both common on the city’s busy commercial corridors. Cell-phone records and nearby camera footage often reveal a driver who was texting or who left the scene — and when a hit-and-run driver is never found, your own UM coverage becomes the only source of recovery.

Montana Car Accident Law: No Damage Cap, Three-Year Statute

Modified comparative negligence under Montana Code Annotated § 27-1-702 lets you recover damages, even if you were partly at fault, as long as your share of the blame is not greater than the other drivers’ combined fault — in practice, 50% or less. Your compensation is reduced by your percentage of responsibility, so in a disputed crash at, say, the Zoo Drive interchange, how fault is apportioned directly changes what you collect. Insurers routinely try to push blame onto the injured driver to cut what they pay.

No cap on compensatory damages. Montana does not cap economic or noneconomic damages in standard personal-injury cases. There is no artificial ceiling on what a jury can award for medical expenses, lost income, pain and suffering, or diminished quality of life — which matters when trauma care and a long recovery run into six or seven figures.

Punitive damages are available when the evidence shows the defendant acted with actual fraud or actual malice — a standard often met in drunk-driving cases. Montana caps punitive damages at the lesser of $10 million or 3% of the defendant’s net worth.

Three-year statute of limitations. Under MCA § 27-2-204, you have three years from the date of the crash to file a personal-injury lawsuit or wrongful-death claim; property-damage claims must be filed within two years. Insurance claims move on a much shorter clock, and camera footage and vehicle data can disappear within days — so the sooner an attorney starts preserving evidence, the stronger your case.

Multi-vehicle collision blocking a busy commercial corridor in Billings, Montana

Who Can Be Held Liable in a Billings Car Accident?

Liability is not always limited to the other driver. Depending on the facts, several parties may share responsibility:

  • The at-fault driver is the most common defendant — for speeding, running a light, failing to yield, distracted driving, or driving while impaired.
  • An employer can be liable when the at-fault driver was working — a delivery driver on Grand Avenue, a rideshare driver downtown or anyone else acting within the scope of his or her job.
  • A bar, restaurant or social host may be liable under Montana’s dram-shop law (MCA § 27-1-710) for serving alcohol to a visibly intoxicated person, or to a minor, who then causes a crash — a real factor in downtown Billings’ nightlife district.
  • A government entity such as the City of Billings, Yellowstone County or the Montana Department of Transportation may bear responsibility when a dangerous intersection, a missing or malfunctioning signal, or a poorly maintained roadway contributed to the crash. Claims against government bodies carry their own shorter notice deadlines.
  • A vehicle or parts manufacturer may be liable under product-liability law when defective brakes, tires, airbags, or other components caused or worsened the crash.

The Insurance Problem: Low Limits and Uninsured Drivers

Montana is an at-fault state, so the driver who caused the crash — and that driver’s insurer — is responsible for your damages. But two features of Montana’s system regularly leave injured people in Billings short.

First, the minimum limits are low. Montana requires only 25/50/20 coverage: $25,000 in bodily-injury coverage per person, $50,000 per accident and $20,000 for property damage. At a Level I trauma center, a single trauma activation, surgery and a few days of care can blow past $25,000 before rehabilitation even begins — and a serious I-90 crash can generate an air-ambulance bill on top of that. The at-fault driver’s minimum policy often covers a fraction of the real cost.

Second, some Montana drivers carry no insurance at all — roughly one in 10 — and on I-90, you may be hit by an out-of-state driver whose coverage is just as thin. When an uninsured or underinsured driver causes your crash, your own UM/UIM coverage becomes the difference between a real recovery and none. Montana requires insurers to offer UM/UIM coverage, though drivers can reject it in writing; if you carry it across more than one vehicle, you may be able to “stack” the limits. A UM/UIM claim means negotiating against your own insurer, which is exactly where having a lawyer matters most.

Evidence That Builds a Strong Car Accident Case

The crash report documents the scene, the drivers and the witnesses. In Billings, that report comes from the Billings Police Department within the city, from the Montana Highway Patrol on I-90 or from the Yellowstone County Sheriff’s Office out in the county — and it records the responding officer’s initial read on fault.

Event data recorders (EDRs). Many modern vehicles record speed, braking, throttle and seat belt use in the seconds before a crash. These “black box” data can confirm how fast the other driver was going or if he or she braked at all — but they can be lost when a vehicle is repaired or scrapped, so they must be preserved quickly.

Cell-phone records can establish that a driver was texting or talking at the moment of impact — often the decisive evidence in a distracted-driving case.

Toxicology and blood-alcohol-content results document impairment in a drunk-driving crash and support both the liability case and a claim for punitive damages or dram-shop liability.

Traffic and business camera footage from the intersections and storefronts along corridors like King Avenue West and Grand Avenue can capture the crash itself, but it is frequently overwritten within days unless someone moves to preserve it.

Photographs, vehicle damage and witness statements taken at the scene fix the facts before they change. Skid marks, debris fields and the resting positions of the vehicles all help reconstruct what happened.

What Your Billings Car Accident Claim May Be Worth

  • Past and future medical expenses — from the trauma bay and surgery at Billings Clinic or St. Vincent Healthcare to rehabilitation, long-term care and the air-ambulance bills that rural Yellowstone County crashes often generate
  • Lost wages and lost earning capacity if your injuries keep you from working or limit what you can earn
  • Pain and suffering, emotional distress, anxiety, depression and loss of enjoyment of life
  • Property damage to your vehicle and its contents
  • Loss of consortium for the impact on your relationship with your spouse or family
  • Punitive damages when the at-fault driver acted with malice, as in many drunk-driving cases
  • Wrongful-death damages, including funeral expenses, lost future income and loss of companionship

Talk to a Billings Car Accident Lawyer Today

Kovacich Snipes Johnson has spent more than three decades taking on the largest insurance companies and corporations doing business in Montana — and winning. Our attorneys have recovered more than $500 million in verdicts and settlements for past clients, including a $40 million verdict in an environmental-contamination case, one of the largest in state history. Partners Mark Kovacich and Ben Snipes have each been named Trial Lawyer of the Year by the Montana Trial Lawyers Association.

We know the roads and intersections of Billings, the way Montana’s fault and insurance rules actually play out in Yellowstone County District Court and the tactics that adjusters use to undervalue claims. Our car accident attorneys work on a contingency-fee basis — you pay nothing unless we recover compensation for you. If you or a family member has been injured in a car accident in Billings, call for a free consultation. The sooner we begin investigating and preserving evidence, the stronger your case will be.

Tow truck removing a wrecked car from a downtown intersection in Billings, Montana

What to Do After a Car Accident in Billings

  • Get medical attention immediately. Even if you feel fine, internal injuries and concussions may not show up at the scene. Billings Clinic and St. Vincent Healthcare both run trauma centers; prompt care protects your health and creates the medical record your claim will need.
  • Call 911, and get a crash report. The Billings Police Department responds within the city, the Montana Highway Patrol on I-90 and the Yellowstone County Sheriff’s Office out in the county. A documented report is the foundation of most claims.
  • Document everything with photos and video. Capture vehicle positions, damage, road and weather conditions, traffic signals, skid marks and any visible injuries before anything is moved.
  • Get witness contact information. Names, phone numbers and emails of anyone who saw the crash. Witnesses are hard to track down later.
  • Exchange information, but do not admit fault. Get the other driver’s license, insurance and plate details. Avoid apologizing or speculating about cause — those statements can be used against you.
  • Be careful with the other driver’s insurer. An adjuster may call within days seeking a recorded statement. You are not required to give one. Politely decline, and refer the adjuster to your attorney.
  • Contact a car accident attorney promptly. Camera footage and vehicle black-box data can disappear within days, and a dram-shop claim against a bar requires written notice within 180 days.

Billings’ Most Dangerous Roads and Intersections

A handful of corridors and interchanges account for an outsized share of crashes in and around Billings. Our attorneys see the same locations come up again and again:

LocationWhy It’s DangerousCommon Crash Type
King Avenue West & Shiloh RoadDense West End retail corridor with constant turning trafficRear-end/intersection
Grand Avenue & 24th Street WestTwo of the city’s busiest arterials cross hereIntersection/left turn
Main Street & Wicks Lane (the Heights)Local traffic meets near-highway speedsSide-impact (T-bone)
I-90 at Zoo DriveHigh-speed merging at a busy interchangeMerging/rear-end
I-90 at South Billings BoulevardHeavy on- and off-ramp volumeMerging/high-speed
24th Street West corridorMajor arterial feeding shopping centers and schoolsRear-end/lane-change

Car Accident Claims vs. Truck Accident Claims

With I-90 carrying heavy freight straight through Billings, some crashes here involve a commercial truck rather than another car — and that changes the case substantially, with more potential defendants, far higher insurance limits and a layer of federal regulation. If your crash involved a semi or other commercial truck, see our Billings Truck Accident Attorney page.

FactorCar Accident ClaimTruck Accident Claim
Liable partiesUsually the at-fault driver (sometimes an employer, bar or government entity)Driver plus the trucking company, maintenance provider, cargo loader and parts manufacturer
Insurance coverageMontana minimums as low as 25/50/20FMCSA minimum of $750,000; often $1 million or more
Governing lawMontana traffic and insurance lawState law plus federal FMCSA regulations (49 CFR Parts 350–399)
Critical evidencePolice report, EDR data, phone records, camera footage and witness statementsAll of the above plus electronic logging device entries, the truck’s event recorder, driver qualification files and maintenance records
Investigation timelineDays to weeks to preserve footage and vehicle dataHours — a spoliation letter must go out immediately
Typical injury severityRanges from minor to catastrophicCatastrophic — occupants of the smaller vehicle bear the worst of it

Where Billings Car Accident Cases Are Filed

Car accident lawsuits arising from crashes in Billings are typically filed in Yellowstone County District Court, located at 217 N. 27th St., Billings, MT 59101 — the same downtown corridor as the county courthouse and Billings Clinic. This is the trial court of general jurisdiction for Yellowstone County, where personal injury cases are heard before a judge or jury.

In some cases, federal court is the right venue — particularly when the at-fault driver or a corporate defendant is based out of state and the amount in controversy supports diversity jurisdiction, which comes up often given the traffic from out of state on I-90. Choosing the right forum is one of the strategic decisions your attorney makes in the first weeks of a case.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Montana?

You have three years from the date of the crash for a personal-injury or wrongful-death lawsuit, which in Billings, is generally filed in Yellowstone County District Court. Property-damage claims have a shorter two-year deadline, and claims against a government entity carry their own shorter notice requirements. Because evidence and witness memories fade quickly, it is wise to consult an attorney well before the deadline.

Can I still recover if I was partly at fault?

Yes. Under Montana’s modified comparative negligence rule, you can recover as long as your share of fault is 50% or less. Your award is reduced by your percentage of responsibility, and at 51% or more, you cannot recover — which is why insurers work so hard to shift blame onto you.

What if the driver who hit me had no insurance?

Roughly one in 10 Montana drivers is uninsured, and on I-90, you may be hit by an out-of-state driver whose coverage is just as thin. If you carry UM/UIM coverage, your own policy can compensate you when the at-fault driver cannot. These claims are made against your own insurer, so having a lawyer to push back on a low offer matters.

Can a bar be held responsible if a drunk driver hit me?

Sometimes. Under Montana’s dram-shop law (MCA § 27-1-710), a bar, restaurant or social host — including the downtown Billings establishments along Montana Avenue — that served alcohol to a visibly intoxicated person or to a minor may be liable for the resulting crash. These claims have strict deadlines, including written notice within 180 days, so act quickly.

Which roads in Billings see the most car accidents?

Yellowstone County reports more crashes than any county in Montana, typically well over 2,000 a year. In Billings, collisions concentrate on King Avenue West near Shiloh Road, Grand Avenue at 24th Street West, Main Street in the Heights, and I-90 around the Zoo Drive and South Billings Boulevard interchanges.

What if I was hit on I-90 by an out-of-state driver?

It happens often, given the Wyoming- and North Dakota-originating traffic and through traffic on I-90. You can still pursue an out-of-state driver, and if his or her coverage falls short, your own UM/UIM coverage can make up the difference. When the at-fault party is an out-of-state company or driver and enough money is at stake, the case may belong in federal court rather than state court — a call your attorney makes early.

Who pays my medical bills if the driver took off?

In a hit-and-run, report it to the Billings Police Department as soon as possible, and get treatment at Billings Clinic or St. Vincent Healthcare. If the driver is never identified, your UM coverage is generally the source that pays — another reason that coverage is worth carrying in Montana.

Related Montana Car Accident Resources

Car accident cases across Montana share the same fault and insurance rules, the same highway corridors and the same insurer tactics, with local variations. If your case touches more than one area, these resources may help: