In Montana, a crash on I-90 near Bozeman Pass or US-2 across the Hi-Line can leave you hours from a hospital. And the truck that hit you might be halfway to North Dakota before anyone takes a statement. Here's what the clock looks like in Montana.
The truck accident statute of limitations in Montana appears to be 3 years from the date of the crash (Mont. Code § 27-2-204). Wrongful death generally runs 3 years from the date of death. A claim against a public entity follows a separate procedure with its own timing. The evidence clock is shorter than all of them.
How current these numbers are
A licensed attorney checked these Montana figures against the cited statutes on 2026-09-20. Statutes still change (Florida cut its injury period in half in 2023; Louisiana doubled its own in 2024), so confirm with a Montana lawyer before you rely on them.
What makes Montana different
Montana requires a claim to be presented to the Department of Administration or the political subdivision before any suit, with a 120-day review period during which the limitations clock is tolled. There is no short countdown date the way there is in most states, which is precisely why it gets overlooked — the requirement is procedural rather than a deadline, but skipping it still ends the claim.
What driving I-90 is really like
Montana trucking is distance and weather. I-90 over Bozeman Pass and Homestake Pass near Butte has steep grades, high winds and winter storms that close the road. Wind near Livingston can gust past 70 mph and blow trucks over. US-2 across the Hi-Line is a two-lane road carrying grain, oilfield equipment and Canadian freight, with long gaps between towns. Deer, elk and even bison are a hazard at night. Oil boom traffic near Sidney and Glendive adds heavy trucks to rural roads. In summer, tourist RVs heading to Glacier and Yellowstone slow traffic and cause passing crashes.
Montana's freight is agricultural, energy and cross-border. Bakken-adjacent oilfield equipment moves on I-94 and US-2, and the state's enormous distances mean a truck involved in a crash near Billings may not stop again until it is in another state. Crashes pile up on I-90 (Missoula–Butte–Billings), I-15 (Great Falls–Helena–Idaho), I-94 toward North Dakota, US-2 across the Hi-Line and US-93 and US-87.
Picture this on I-90
Say you're driving east on I-90 near Livingston in a windstorm, and an empty trailer ahead of you blows over into your lane. You hit it. The truck is from a carrier based in Washington State, and it's heading home empty. The driver was pushing on in winds that other trucks had pulled over for. His logs and the carrier's dispatch messages will show whether he was told to keep going. Those records are a long way from Montana, and they won't wait for you.
The four Montana deadlines that matter
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 3 years | the date of the crash | Mont. Code § 27-2-204 |
| Wrongful death claim | 3 years | the date of death | Mont. Code § 27-2-204 |
| Notice — state entity | Claim to Dept. of Administration; 120-day review | the date of the crash | Mont. Code § 2-9-301 |
| Notice — city, county or district | Claim to the political subdivision's clerk | the date of the crash | Mont. Code § 2-9-301(2) |
If a government vehicle was involved in Montana
Montana has no single fixed notice countdown. It uses a separate claims procedure instead: Claim to Dept. of Administration; 120-day review (Mont. Code § 2-9-301). Skipping it still ends the claim. The claim must be presented before suit, and the Department has 120 days to act. The limitations period is tolled during that review. Same presentation requirement for counties, cities and towns.
Public fleets you could realistically be hit by here: Montana DOT plow and maintenance trucks, county road department equipment, municipal fleets in Billings and Missoula, and school district buses. Not sure the vehicle was one of these? Work to the shorter deadline until someone confirms otherwise.
If the injured person was a minor
Tolled to age 18 in Montana under Mont. Code § 27-2-401. The clock generally doesn't start until the injured person turns 18. That pause covers the court deadline, not the evidence: a carrier may destroy a driver's logs six months after the crash no matter the injured person's age, and in many states a government notice deadline isn't tolled for a child either.
When the Montana clock starts
Applies. Montana tolls accrual where the facts of the injury are concealed or not discoverable.
Your Montana dates, calculated
Enter your crash date. Montana is preselected, and nothing you type is sent anywhere.
The evidence clock runs faster than 3 years
- Dashcam and telematics video: often 30 days or less (No federal retention requirement — vendor and carrier policy only).
- ECM / black box data: overwritten as the tractor runs; often lost on repair or resale.
- Driver logs: six months (49 CFR § 395.8(k)(1)).
- Maintenance records: one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report: 14 months (49 CFR § 396.21(b)(1)).
Until a written preservation letter reaches the carrier, destroying records at the end of a retention period is routine and lawful. The FMCSA regulations and evidence guide explains each record.
Three things to do now in Montana
- The Montana Highway Patrol handles crashes on interstates and highways. Request the crash report and note the trooper's name.
- For wind-related crashes, note the time and exact location. MDT posts wind warnings on message boards, and those records can help.
- Out-of-state carriers are common. Write down the carrier's name, the USDOT number and the state on the plates.
Crashed near the Montana line?
A crash a few miles over a border can fall under a different deadline. If you're not sure which state you were in, check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| North Dakota | 6 years | 2 years |
| South Dakota | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
| Idaho | 2 years | 2 years |
Compare any state with the filing deadline calculator, or see the full state index.
Next steps
- Get a preservation letter to the carrier. It's the most time-critical step.
- Confirm whether a government entity was involved. If so, your 3 years deadline may give way to a separate claims procedure entirely.
- Don't give a recorded statement to the trucking company's insurer.
- Get the Montana crash report; it names the carrier, DOT number and insurer.
- Have a lawyer licensed in Montana confirm these dates against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.