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FAQs

Frequently Asked Questions (FAQs)

Navigating Legal Challenges with Assurance

Having seasoned experience is priceless. At Boland Aarab, we don’t just talk about knowing the courtroom—we thrive in it; it’s the foundation of our firm and legacy. With a collective 3000 hours spent in court, our attorneys have witnessed the ins and outs of many cases, each presenting unique challenges and complexities. We haven’t just observed everything; we’ve actively shaped legal outcomes for our clients.

Deep Understanding of Montana’s Legal Landscape

Exclusively operating in Montana, our firm possesses an unparalleled understanding of the local legal terrain. We’ve engaged with every type of judge and attorney practicing in this state, building a comprehensive knowledge base and fostering professional relationships crucial for effective navigation of the legal system.

Compassion for Those Facing Difficulties

Legal battles often arise during life’s most challenging moments. At Boland Aarab, we acknowledge the emotional toll and stress the legal system can impose. Having represented numerous individuals during these trying times, we intimately understand how the legal process intersects with personal lives. Our approach goes beyond winning cases; it’s about guiding our clients through the complexities of the legal system with empathy and understanding.

A Guiding Presence in Turbulent Times

Our courtroom experience is more than a testament to our legal prowess; it’s a lifeline for those seeking a competent injury attorney to navigate their case and claim. We grasp the hardships our clients face and use our expertise not only to secure favorable outcomes but also to offer the support and guidance needed to weather the storm. Choosing Boland Aarab means choosing a team that doesn’t just know the law—it knows how to make it work for you.

  1. Building Our Team: The moment you become our client, we form a team dedicated to your cause. Our promise is to stand with you every step of the way as we lead you through the personal injury claims process. Your success is our success, and teamwork is the key to achieving the best possible outcome.
  2. Gathering Evidence: To build a compelling case, we rely on evidence and documentation. You play a crucial role in this process by providing information, documents, and any other evidence related to your case. Your active participation strengthens our strategy. In fact, it is essential.
  3. Legal Proceedings: Legal matters often involve meetings, court hearings, interviews, and depositions. As our client, your presence and cooperation during these events are required. We work together to ensure your voice is heard, your rights are protected, and your case is presented comprehensively.
  4. Trial Preparation: If your case proceeds to trial, rest assured that we have been there. We will guide you through the process. While trials can be challenging, we aim to minimize disruptions to your life. Your commitment to being present and involved helps us present a compelling case before the judge and jury.
  5. Facing Challenges Head-On: Unfortunately, our legal system allows corporations and companies to subject individuals to lengthy and invasive processes. Taking a case to trial isn’t an easy feat, but it’s a challenge our personal injury attorneys have successfully navigated many times.
  6. The Right to Seek Compensation: You have every right to ask for fairness—it is fundamental to our liberties. We understand the burdens you face after a serious accident, and our goal is to advocate for justice on your behalf. Our job is to convey the fairness of your case to the judge and jury.

First, it runs in the family. Tom Boland did this for 40 years in Great Falls; we picked up that legacy after he retired. Second, every day, we return home knowing that our hours have been used to make our community a fairer and safer place. We don’t peddle unnecessary products or fancy widgets. We don’t sell anything. We are here for one reason only: to provide support and enforce your rights.

We rarely have to convince anyone of the need for a personal injury attorney because, by the time you come to us, the reasons are often painfully clear. You’re not coming to us for a luxury; you’re reaching out because something bad or even horrible has happened. And that’s precisely when we step in—if you want us to.

Our work isn’t always easy, and the road to resolution may stretch over the years. However, satisfaction comes in the form of ensuring fairness and justice for our clients. There are many reasons why we do what we do.

  1. A Commitment to Fairness: Our mission is straightforward—to bring fairness.
  2. No Frivolous Sales Pitch: Unlike businesses selling products, we’re not here to convince you that you need something you don’t.
  3. Advocacy When It Matters Most: Our injury lawyers come to work every day knowing that our clients are approaching us in times of distress. It’s not about selling a service; it’s about standing by individuals when they need it most.
  4. Resolving Real Issues: The cases we take on aren’t frivolous or manufactured problems. We reject those. They are real issues that have impacted lives. We address the aftermath of accidents, injuries, and injustices, seeking resolution that goes beyond financial compensation – it’s about acknowledging the harm done and working to make it right.
  5. Forcing Fair Compensation:. We use the law to make the other side compensate our clients fairly. It’s a pursuit that demands perseverance, diligence, and an unwavering commitment to the principles of fairness and justice.

No. Like most States in the United States Montana is an at fault state. This is codified in several places in our laws. Under section 27-1-701, MCA each person is responsible not only for the results of the person’s willful acts but also for an injury occasioned to another by the person’s want of ordinary care or skill in the management of the person’s property or person except so far as the person has willfully or by want of ordinary care brought the injury upon the person.

Additionally, every motor vehicle on Montana roads must carry insurance against loss  “from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(i) $25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person;

(ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and

(iii) $20,000 because of injury to or destruction of property of others in any one accident.

These minimums are intended to protect both the negligent and injured person. 

See 61-6-103, MCA.

Not long, the law says “shall immediately by the quickest means of communication” give notice, we are usually thinking of hours and less. But there is no specific time-period stated in the law. 

61-7-108. Immediate notice of accidents. The driver of a vehicle who knows or reasonably should have known that the driver has been involved in an accident resulting in injury to or death of any person, striking the body of a deceased person, or property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the highway patrol.

If you have been in car accident in which you were not at fault it is always a good idea to call the police. They will write a report and sometimes issue a ticket. But that is also an independent record of the crash.

1. Check for Injuries:

  • Ensure your safety and the safety of others involved.
  • Seek medical attention for injuries.

2. Call Emergency Services:

  • Dial 911 to report the accident.
  • Follow instructions from emergency responders.

3. Exchange Information:

  • Exchange names, contact information, and insurance details with other parties.
  • Gather contact information from witnesses.

4. Document the Scene:

  • Take photos of the accident scene, vehicle damage, license plates, and relevant road signs.

5. File a Police Report:

  • In some cases, law enforcement will create a report.
  • If not, file a report with the nearest police station.

6. Seek Medical Attention:

  • Even if injuries seem minor, get a medical evaluation.
  • Keep records of medical visits and treatment.

7. Notify Your Insurance Company:

  • Report the accident to your insurance provider.
  • Provide accurate and detailed information.

8. Do Not Admit Fault:

  • Avoid admitting fault or making statements that could be interpreted as an admission of guilt.

9. Consult an Attorney:

  • If there are injuries or disputes, consult a personal injury attorney.
  • Discuss the circumstances before accepting settlements.

10. Keep Records:

  • Maintain records of medical bills, repair estimates, and other relevant documents.
  • Track any impact on your daily life.

These provisions can be found at 61-7-118, MCA, below is a summary.

If you violate traffic laws resulting in an accident, the penalties in Montana are as follows:

1. General Violations:

  • First conviction: Fine of $200-$300 or imprisonment up to 20 days.
  • Second conviction within a year: Fine of $300-$400, imprisonment up to 30 days, or both.
  • Third or subsequent conviction within a year: Fine of $400-$500, imprisonment up to 6 months, or both.

2. Accident Causing Injury:

  • Imprisonment for 30 days to 1 year, fine of $100-$5,000, or both.

3. Accident Causing Serious Bodily Injury or Death:

  • Imprisonment for 1 to 10 years, fine up to $50,000, and license revocation.

4. Non-payment of Fine:

  • Offenders failing to pay fines face imprisonment at a rate of 1 day for each $75 of the fine.

The insurance policy usually names a person as the “insured.” However the statute states that any person “using any motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle” See 61-6-103, MCA.

So if you are driving someone else’s car with their permission (either implied or express) the insurance policy should cover you provided the vehicle is insured and registered in Montana.

The at fault driver or their insurance company. See 61-6-103, MCA.

You have to make a request to the relevant department or governmental agency. Usually in the context of a trucking or case accident this will be the police, sheriff or the highway patrol. 

The following persons can request a report: 

(a) a person named in the report or involved in the accident;

(b) the representative of the person referred to in subsection (2)(a), designated in writing, or the insurance carrier of that person;

(c) a party to a civil action arising from the accident;

(d) the executor, the administrator, or the attorney representing the executor or administrator if the person is deceased; or

(e) the general public, including commercial entities, for purposes of research into the history of vehicles, but the department may not disclose the name, address, or telephone number of, or other information allowing the identification of, any reporting person, accident victim, peace officer, or other person or any insurer named in a report or supplemental information, including witness statements.

See 61-7-114, MCA and https://dojmt.gov/highwaypatrol/crash-records/

In the current 2023 Montana Code Annotated that is the statute that governs a driver’s duty to Give Information And Render Aid. See 61-7-105, MCA.

As of 2023 the Montana Legislature has established that every motor vehicle on Montana roads must carry insurance against loss  “from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(i) $25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person;

(ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and

(iii) $20,000 because of injury to or destruction of property of others in any one accident.

These minimums are intended to protect both the negligent and injured person. There are other provisions that modify these numbers if you are a commercial enterprise.