Many injured Montanans assume that if they were partly to blame for an accident, they have no case. Montana's comparative negligence law is more forgiving than that — but only up to a point.
Modified Comparative Negligence, Explained
Montana follows a modified comparative negligence rule with a 51% bar, set out in Montana Code Annotated § 27-1-702. Under this rule, you can recover damages as long as you are not more at fault than the other party or parties combined. In practice, that means you can be up to 50% at fault and still recover — but if you are 51% or more at fault, you recover nothing.
This is different from 'pure' comparative negligence states, where an injured person can recover even if they were 90% at fault. Montana draws a hard line at the halfway point.
How Fault Reduces Your Recovery
If you are allowed to recover, your compensation is reduced by your percentage of fault. Say a jury decides your damages are worth $100,000 but finds you 30% responsible for the crash. Your recovery is reduced by 30%, leaving you with $70,000.
Because every percentage point of fault directly reduces what you receive — and because crossing 51% wipes out your claim entirely — how fault is assigned is often the most hotly contested issue in a Montana injury case.
Why Insurers Fight Over Fault
Insurance companies understand the 51% bar very well. A common tactic is to argue that the injured person was mostly responsible, pushing their share of fault over the line so the insurer owes nothing. Adjusters may ask leading questions, take recorded statements out of context, or point to factors like speed or distraction.
This is why what you say after an accident matters so much, and why having an attorney document the other party's negligence is critical. The goal is to keep your share of fault as low as the facts allow.
Evidence That Shifts the Fault Picture
Strong evidence is the antidote to a blame-shifting defense. Police reports, scene photos, dashcam and surveillance footage, vehicle damage patterns, witness statements, and accident reconstruction can all establish what really happened. In Montana's rural areas, where there may be no traffic cameras and few witnesses, preserving physical evidence quickly is especially important.
An experienced attorney builds the fault case methodically, anticipating the insurer's arguments and countering them with documentation.
Don't Assume You Have No Case
The most expensive mistake an injured Montanan can make is assuming partial fault bars recovery and never getting advice. Fault is rarely as one-sided as an insurer suggests, and the percentages are negotiable and provable.
If you've been hurt in Montana and worry you were partly at fault, get a free case review before you decide your case is hopeless. Call 973-566-5599.
Frequently Asked Questions
Yes, as long as you were 50% or less at fault. Your recovery is reduced by your percentage of fault. At 51% or more, you cannot recover under Montana Code Annotated § 27-1-702.
If the case goes to trial, the jury assigns fault percentages. Most cases settle, and fault is negotiated between your attorney and the insurer based on the evidence.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.