Despite having the fourth-highest rate of traffic fatalities in the nation, Montana is one of the few states that imposes no statewide restrictions on either texting while driving or using a cell phone while driving. Nevertheless, individual localities have enacted their own local distracted driving laws. This patchwork of regulation can be confusing to an out-of-towner, since the rules vary from place to place.
Billings – Distracted Driving Ordinance
Drivers in Billings are not allowed to text or use handheld cell phones while driving. A motorist may not even hold a handheld cell phone. Bicyclists are included within these prohibitions.
Bozeman – Distracted Driving Ordinance
Bozeman prohibits the use of hand-held electronic devices (including texting and calling), and imposes a $100 fine on violators. The law exempts the section of Interstate 90 that passes through Bozeman, because it hosts a lot of non-local drivers who may not realize that they have entered Bozeman city limits.
Great Falls – Distracted Driving Ordinance
Great Falls prohibits both motorists and bicyclists from texting and using handheld cell phone while driving. An exception applies if you are in a parking lane or out of moving traffic – the fine ranges from $100 to $500.
Helena – Distracted Driving Ordinance
Helena prohibits texting and using handheld cell phones while driving. Even bicyclists are subject to this restriction. The fine for a first offense is $191.
Many other Montana localities have enacted distracted driving ordinances.
In the Event of an Accident
If you are involved in an injury traffic accident while texting and driving or talking on a cell phone, everything changes – even if the accident occurred outside of a jurisdiction that prohibits these activities. If you are sued by the injured party for personal injury, it will nevertheless become important whether or not your activity was legal, because if you were in a locality that regulates distracted driving, it will be easier for the injured party to win a lawsuit against you (and more difficult for you to win if you are the one filing the lawsuit).
Illegal texting/cell phone use: If you are in a jurisdiction where your acts are considered illegal, the injured party can win a lawsuit against you by proving only three facts – (i) that you were breaking the law at the time of the accident, (ii) that your violation of the law was a substantial factor in causing the accident and (iii) that he suffered damages due to the accident. If the injured party proves these three facts, the only way you can avoid liability is to prove that he was at least 51 percent at fault for the accident.
Legal texting/cell phone use: If you were in a jurisdiction where your texting or cell phone use at the time of the accident was legal, the injured party can still try to prove that your actions were negligent (careless) under the particular circumstances of the accident. Texting in a snowstorm might be enough, for example, as might texting at night or in fast-moving, heavy traffic.
If you are the one filing the lawsuit: If you were injured in the accident, and if you file a lawsuit because you believe the accident was the other driver’s fault, the other driver can try to prove that you shared fault for the accident due to texting or using a cell phone. If the court rules that you were at least 51 percent at fault, you will receive no damages. If the court rules that you were 50 percent at fault or less, your damages will be reduced in exact proportion to your relative fault.
– Updated through September 1, 2016