Motorcyclist Injured in Missoula DUI Accident
At-fault driver arrested for aggravated DUI and fleeing the scene after striking a 35-year-old rider at North Reserve Street and Spurgin Road
A 35-year-old motorcyclist was injured Friday afternoon when a car hit him at North Reserve Street and Spurgin Road in Missoula, police said.
The driver of the car fled the scene, but officers later located him, according to police. Authorities arrested the 41-year-old man on suspicion of aggravated driving under the influence, negligent vehicular assault and resisting arrest.
Paramedics took the motorcyclist to a hospital for treatment. His condition was not immediately available.
The crash reduced traffic to one lane at the intersection. Police are investigating the crash.
How do criminal charges affect a civil case in Missoula?
The motorcyclist was injured in a crash that police say involved a driver under the influence who tried to leave the scene. While law enforcement handles the criminal prosecution for DUI and hit-and-run offenses, injured people must pursue a separate civil legal process for medical bills and recovery. Crashes at intersections often cause serious injuries for motorcyclists, leading investigators to reconstruct the scene to determine how the crash happened.
the driver Analyst Robert Candice Bond, a legal expert at Bond Legal, spoke about the difference between criminal and civil cases. "Separate from criminal charges, a victim's family may be entitled to compensation through a civil lawsuit against the responsible party. In addition to the diligent work of law enforcement, an attorney can re-interview important witnesses, analyze any surveillance video from the scene of the crash, and obtain phone and text records of the liable party. Serving as an advocate, an attorney can help compassionately guide a family during this difficult time, protecting their legal rights while ensuring that a drunk driver is held accountable for their reckless actions." Bond said. "These are criminal charges filed by the state, and they are different from a civil lawsuit."
Bond explained that a civil case aims to help the injured person. "A civil case is a personal injury lawsuit filed by the victim directly against the at-fault driver," Bond said. "In addition to the criminal charges, victims of impaired drivers can seek damages in civil court."
What are the historical crash trends in Missoula County?
Montana Department of Transportation data shows that motorcyclists make up 22% of traffic deaths in the state, even though they are a small part of all vehicle miles driven. Alcohol is a factor in over 40% of serious crashes statewide, showing the increased risks riders face from impaired drivers.
When a suspect faces criminal charges like aggravated DUI and negligent vehicular assault, police reports and toxicology results from the criminal investigation often become key evidence in a civil claim. This paperwork helps show who is responsible and supports the injured person's right to seek money for their injuries.
"The victim of this crash may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional trauma," Bond said. "These are damages that can be sought in a civil lawsuit, separate from any criminal penalties the at-fault driver may face."
Montana personal injury framework
Montana follows a modified comparative fault (51% bar) system. The statute of limitations is 3 years.
Damages include economic and non-economic losses.