Texting & Distracted Driving Laws in Montana

Montana is the last state without a texting or handheld-phone ban. Here's how fault, evidence, and deadlines actually work after a distracted-driving crash in Montana.

ThatCarHitMe.com Editorial
May 11, 2026
6 min read

Texting and distracted driving laws in Montana

If another driver was staring at a phone when they hit you in Montana, start with this: there is no state law they broke by doing it. Montana is the only state in the country with no statewide ban on texting or holding a phone while driving. Every other state, along with D.C. and the U.S. territories, prohibits texting behind the wheel.1 That single gap changes how a distracted-driving claim works here, from whether the other driver gets a ticket to how you prove what happened.

Distraction is not a small problem on the road. It killed 3,275 people across the country in 2023, about 8% of all traffic deaths that year, according to the National Highway Traffic Safety Administration.2 Montana sees its share of those crashes. It just handles them without the phone-specific law almost everyone else takes for granted.

No phone ban, but a distracted driver can still be cited

The missing texting law does not mean anything goes. Montana still requires every driver to operate "in a careful and prudent manner" that does not unreasonably endanger others, and a driver who fails that standard commits careless driving, a misdemeanor under Mont. Code Ann. 61-8-302.3 A distracted driver who drifts across the center line or rear-ends you at a light is a candidate for that charge. When the conduct is worse, an officer can cite reckless driving under 61-8-301, which covers driving in willful or wanton disregard for the safety of others.4

In practice, a Montana officer can hold a phone-distracted driver responsible, but only through these general careless- and reckless-driving statutes, not a clean "you were texting" violation. That distinction matters later, when you have to prove fault.

Where phones actually are banned in Montana

Statewide silence has pushed cities and counties to write their own rules. About 15 places in Montana now restrict handheld phone use while driving, covering roughly a dozen cities, two counties, and one reservation.5 Billings started it in 2010, and Bozeman, Missoula, Helena, Great Falls, Whitefish, Columbia Falls, and Hamilton followed, along with the consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge.5

Most of these ordinances work the same way. You cannot hold or touch a handheld device while driving, a hands-free setup is allowed, and the usual carve-outs cover police, fire, and emergency responders. Helena's version reaches bicyclists too.

So whether the driver who hit you broke a phone law can come down to the city limits. A crash on a Bozeman street and the same crash on a rural highway 20 miles away may carry very different citations, even with identical driver behavior. If you were hurt inside one of these jurisdictions, a local-ordinance violation becomes real evidence of fault.

Chloe's Law and how close Montana came in 2025

Montana lawmakers have tried for years to pass a statewide ban, and 2025 was the closest call yet. Senate Bill 359, known as "Chloe's Law," was named for Chloe Worl, a 25-year-old killed by a driver who was texting. Sponsored by Sen. Sara Novak of Anaconda, the bill would have banned holding or using a mobile device while driving, allowed hands-free technology, and set fines of $75 to $149 for a first offense and at least $150 for later ones.6

It got farther than any earlier attempt. The Senate passed it 34-16 on March 3, 2025.7 Then it stalled. The House Judiciary Committee tabled the bill 18-2 on April 8, and two floor motions to force it out of committee failed, 54-45 on April 10 and 51-47 on April 17. SB 359 died when the session closed on May 23, 2025.7 For now Montana's status as the lone holdout stands, and any future ban has to start over in a later session.

Proving fault when there's no phone law to point to

In most states, a crash victim can hold up the other driver's texting ticket as near-automatic proof of negligence. In Montana you usually cannot, so the case rests on ordinary negligence: the other driver owed you a duty of care, breached it, and caused your injuries.

Distraction is still provable without a dedicated statute. A careless-driving citation, the driver's own words at the scene, independent witnesses, and the officer's narrative in your Montana crash report all build the picture. Where it counts, phone records pulled through a subpoena can show a call or text at the moment of impact. The proof is there. It just has to be assembled rather than read off a pre-printed violation.

Montana follows modified comparative negligence with a 51% bar. Under Mont. Code Ann. 27-1-702, you can recover as long as your share of fault is not greater than the other side's, and your award is reduced by your own percentage; cross 50% and you recover nothing.8 If more than one driver was at fault, 27-1-703 makes a defendant found more than half responsible jointly and severally liable, so you are not left chasing an underinsured driver for a share someone else caused.9

Deadlines and what you can recover

You have three years from the date of the crash to file a personal-injury lawsuit in Montana, under Mont. Code Ann. 27-2-204.10 Damage to your vehicle runs on a shorter, separate clock: two years under 27-2-207.11 Miss either deadline and the claim is generally gone, so timing matters even while you are still treating. If your car lost market value after the repair, that is its own claim with its own rules, covered on our Montana diminished value page.

Montana does not cap ordinary compensatory damages in a car-crash case, so medical bills, lost income, and pain and suffering are recoverable in full. Punitive damages are a separate matter. They are available only on clear-and-convincing proof that the driver acted with actual malice or actual fraud under 27-1-221, and a driver who kept texting while aware of the high probability of a wreck can fit that standard.12 When they apply, punitive damages are capped at the lesser of $10 million or 3% of the defendant's net worth.13

You usually collect from the at-fault driver's liability insurance, which in Montana must carry at least 25/50/20 in coverage,14 or from your own uninsured/underinsured motorist coverage, which insurers must offer to match your liability limits unless you turned it down in writing.15 When your losses outrun the other driver's policy, that UM/UIM coverage is often what makes you whole.

If you're weighing a claim, a lawyer who handles Montana crash cases can tell you fairly quickly whether the evidence supports one. You can find one through our legal directory.

This is general information, not legal advice.

Sources

  1. Governors Highway Safety Association, Distracted Driving state laws. https://www.ghsa.org/state-laws/issues/distracted%20driving

  2. National Highway Traffic Safety Administration, "Distracted Driving in 2023" (Traffic Safety Facts Research Note). https://crashstats.nhtsa.dot.gov/Api/Public/Publication/813703

  3. Mont. Code Ann. 61-8-302 (Careless driving). https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0020/0610-0080-0030-0020.html

  4. Mont. Code Ann. 61-8-301 (Reckless driving). https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0010/0610-0080-0030-0010.html

  5. NBC Montana, "15 Montana locations ban cell phones while driving." https://nbcmontana.com/news/local/15-montana-locations-ban-cell-phones-while-driving

  6. Montana SB 359 (2025 Regular Session), bill text and status. https://legiscan.com/MT/bill/SB359/2025

  7. Montana Free Press, 2025 Capitol Tracker, Senate Bill 359. https://projects.montanafreepress.org/capitol-tracker-2025/bills/sb-359/

  8. Mont. Code Ann. 27-1-702 (Comparative negligence). https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html

  9. Mont. Code Ann. 27-1-703 (Multiple defendants, determination of liability). https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0030/0270-0010-0070-0030.html

  10. Mont. Code Ann. 27-2-204 (Tort actions, 3-year limitation). https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-0020-0040.html

  11. Mont. Code Ann. 27-2-207 (Property damage, 2-year limitation). https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0070/0270-0020-0020-0070.html

  12. Mont. Code Ann. 27-1-221 (When exemplary damages allowed). https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0020/section_0210/0270-0010-0020-0210.html

  13. Mont. Code Ann. 27-1-220 (Punitive damages limits). https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0020/section_0200/0270-0010-0020-0200.html

  14. Mont. Code Ann. 61-6-103 (Mandatory liability coverage). https://mca.legmt.gov/bills/mca/title_0610/chapter_0060/part_0010/section_0030/0610-0060-0010-0030.html

  15. Mont. Code Ann. 33-23-201 (Uninsured/underinsured motorist coverage). https://mca.legmt.gov/bills/mca/title_0330/chapter_0230/part_0020/section_0010/0330-0230-0020-0010.html

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Written by: ThatCarHitMe.com Editorial

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