Montana Injuries

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Definition

passing a stopped school bus

A ticket for this can get expensive fast, and if someone is hurt, it can make an injury case much harder to defend. Insurers, judges, and juries tend to view it as more than an ordinary traffic mistake because it puts children at obvious risk. In Montana's at-fault system, a driver who illegally goes past a bus may face not only fines and points but also greater exposure in a personal injury claim if a child, parent, or another driver is injured in the chain of events.

Technically, it means driving around or past a school bus that has stopped to load or unload children when the bus is using its required visual signals, usually flashing red lights and a stop arm. Under Montana law, drivers approaching from either direction generally must stop before reaching the bus and stay stopped until the signals are withdrawn and children are clear. The rule appears in Montana Code Annotated § 61-8-351 (2023). The duty applies whether the road is dry, icy, or half-hidden in blowing snow - and Montana weather is not known for making these situations easier.

For an injury claim, the violation can be strong evidence of negligence and may support arguments for punitive damages in extreme cases. It can also affect comparative negligence disputes, especially if the driver argues poor visibility, heavy truck traffic, or a sudden stop. Mandatory liability coverage in Montana starts at 25/50/20, which may not go far if a child suffers serious injuries.

by Sunita Patel on 2026-03-29

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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