Great Falls work truck crash was two years ago, do I still have any claim?
The one thing your employer is hoping you never find out is this: "use your own health insurance" does not erase a trucking claim.
The insurance company will tell you that you waited too long, the records are gone, and if you did not file workers' comp right away, that is the end of it.
What is actually true in Montana: you may still have a third-party injury claim against the truck driver, trucking company, or carrier if you are still within 3 years of the crash. That deadline usually comes from Montana's general negligence statute. So if the wreck near Great Falls was about two years ago, you may still have time even if your boss pushed you away from workers' comp.
What may be in trouble is the workers' comp side. In Montana, job injuries are supposed to be reported quickly, and a claim generally must be made within 12 months. That does not automatically wipe out a claim against a negligent commercial driver who was not your employer.
The hard part is evidence. Under federal trucking rules, some records do not last long. Hours-of-service and electronic logging records are often kept only 6 months. That means the trucking company may already have lost or destroyed useful proof of fatigue, dispatch pressure, or log violations. But you can still build a case with:
- the crash report from Montana Highway Patrol or Great Falls police
- medical records from places like Benefis or Billings Clinic if you were transferred
- wage loss records, tax-season debt notices, and health insurance lien letters
- photos, texts from your boss, and witness names
Also, do not assume only the driver matters. In truck cases, fault can sit with the carrier, sometimes a maintenance company, and insurance limits may be $750,000 or more depending on the load.
If you are close to the 3-year mark, move fast. Once that deadline passes, the insurer's favorite answer becomes the only one that matters.
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.
Talk to a lawyer for free →