Montana Transportation Department's Duty to Provide Safe Highways

In Buck v. State, 222 Mont. 423, 431, 723 P.2d 210, 216(1986), the district court had given the following instruction: "The State is not required to undertake reconstruction of a highway simply because standards for highway construction have changed since the highway was originally constructed." However, the state is not an insurer of those who use its highways. Buck v. State, 222 Mont. 423, 429, 723 P.2d 210, 214 (1986). The state's duty to maintain its highways in a reasonably safe condition extends to bicyclists. Walden v. State, 250 Mont. 132, 138, 818 P.2d 1190, 1193-94 (1991).