Motorcycle Accident Lawyer Minnesota – If you are involved in a motorcycle accident, you may be injured or your property may be damaged. While you are trying to recover from your injuries and get your bike repaired, your insurance company may not make you a settlement offer. As a result, you will have to fight hard to get the compensation you deserve. Minnesota law makes the process even more complicated for victims of motorcycle accidents. An attorney experienced in handling motorcycle accident claims can advise you on your options and help you negotiate the best settlement for you and your property. Kirshbaum Injury Law has years of experience representing motorcyclists injured and injured in motorcycle accidents in Minneapolis, St. Paul and throughout Minnesota.
Our legal representative can help you file a personal injury claim and receive fair compensation for your injuries. Contact our Minnesota motorcycle accident lawyers today at (952) 545-2700 or by using our online contact form to schedule a free consultation with an experienced Minnesota motorcycle accident attorney.
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The National Highway Traffic Safety Administration reports that more than 5,000 motorcyclists died in motorcycle accidents in the United States last year. Motorcyclists are at greater risk of being involved in an accident, mainly because other drivers have poorer vision. Motorcycles are smaller than other motorized vehicles on the road. This makes them harder for other drivers to see even in ideal weather and road conditions. Unfortunately, Minnesota is often better known for bad weather and dangerous roads.
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Minnesota’s harsh winters bring regular snow and ice storms, creating road hazards that can be dangerous for large vehicles and catastrophic for motorcycles. State laws impose additional regulations on motorcycles because of their small size. Motorcyclists are not allowed to move between traffic lanes while driving. They also cannot overtake another vehicle in the same lane.
Motorcycle accidents can result in serious injury and death. Head injuries are common, often resulting in traumatic brain injuries or neck or spinal injuries. Accident victims may require extensive, possibly lifelong, medical care, so fair compensation is especially important.
Motorcyclists in Minnesota have the same rights to use the road as any other driver. They have the same rights to recover damages from accidents as other drivers, with one important exception related to Minnesota’s no-fault law.
No-fault laws allow drivers and family members to recover damages from car accidents, regardless of who was at fault. No-fault insurance, formally known as personal injury protection (PIP), only covers certain losses, including:
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PIP does not cover other damages such as pain and suffering or emotional distress. To compensate for this type of damage, it is necessary to sue the at-fault driver.
Every car or truck driver in Minnesota must have auto insurance that includes a minimum amount of PIP coverage. Auto insurance policies automatically include PIP coverage. Motorcycle insurance policies, however, do not apply because the no-fault law does not apply to motorcyclists. Motorcyclists can only recover damages by filing an insurance claim or suing the person at fault for the accident.
Proving fault in a motorcycle accident usually requires proof that the at-fault driver was negligent. To establish that a person was negligent, four things must be established:
Evidence of the driver’s fault often comes from the police report and evidence collected at the scene of the accident. Police should speak to the people involved in the accident and to witnesses at the scene to find out what happened. They will include all of this information in the final police report. You or your attorney can obtain a copy of this report when it is completed.
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The police may conclude that you were at fault for the accident and include this in the police report. It is simply a statement of what one or more police officers believe happened. This is not a final judgment that is binding on you. You may still be able to make a claim for damages if you provide additional evidence that the other driver was negligent. Personal injury attorneys have extensive experience gathering evidence to challenge police reports. You can start this process at the scene of the accident if your injuries do not interfere.
One of the first things you should do after an accident is exchange insurance information and contact information with other drivers or riders. You can talk to witnesses and take pictures of the accident scene as long as you don’t interfere with the police investigation.
If possible, take pictures of your injuries before seeking medical attention. You should try to write down as many of the circumstances of the accident as you can remember. If you don’t have a pen and paper handy, but you do have a smartphone, you can make an audio or video recording. Memory can be tricky, so the sooner you can write down what you remember, in whatever form, the better.
Any information about the accident that you can provide your attorney will be helpful. Having said all that, your first priority should be your own health and safety. Do not delay seeking medical help to examine the scene. Once you start to recover, there will be time for that.
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No-fault insurance, as described above, will cover certain types of losses regardless of who is at fault for the accident. Because Minnesota law requires car and truck drivers to carry this type of insurance, insurance companies include it in all auto insurance policies issued in the state. However, state law does not require motorists to carry no-fault insurance. If you want no-fault rider insurance, you must specifically request it from your insurance company.
Certain benefits are more or less guaranteed when you have no-fault PIP insurance. This coverage will cover medical expenses, lost wages if you are out of work due to your injuries, and other expenses directly related to your injury. If an insured person dies as a result of an accident, PIP will pay a limited amount towards the funeral of their next of kin. You or your attorney may still have to argue with the insurance company about the exact amount of compensation you’ll receive, but no-fault coverage means you’ll almost certainly get something.
For losses other than those covered by no-fault coverage, you will need to file a claim against the at-fault driver’s insurance. If you cannot settle with the insurance company, you may have to sue the at-fault driver.
Minnesota law sets a time limit for filing a lawsuit after a car accident, called the statute of limitations. In most cases, the statute of limitations for motorcycle accidents is six years, which means you have six years from the date of the accident to file a claim. If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss the case. Since most accident victims file claims only after trying to settle with their insurance company, motorcycle accident claims should be filed as soon as possible after the accident.
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There are some exceptions to the two-year time limit. For example, if the victim of a motorcycle accident was under 18 at the time of the accident, the statute of limitations does not begin until the 18th birthday. This gives them until their 20th birthday to file a claim.
The cost of a motorcycle accident claim, which is the amount you can reasonably recover from your insurance company or court judgment, depends on many factors. Some factors are related to your injury. Others are about the offender or the parties, including you, and how you ultimately resolve the case.
One major factor is your economic damages, which are the direct losses you have suffered or will suffer as a result of your injuries. It can be:
Non-economic damages can be recovered through a lawsuit against the guilty driver. They are much more subjective and harder to prove because you can’t just submit an invoice. Non-economic damages cover the damage your injuries have caused and will cause to your quality of life, such as:
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The spouse of an accident victim can file a loss of consortium claim that compensates for the loss of intimacy and affection the partner suffered as a result of the injuries.
Minnesota uses a system called “modified comparative negligence” in personal injury cases. You can recover damages even if you are partially at fault for the accident, as long as your share of fault is less than fifty percent. Determining each party’s share of fault is a highly subjective process that can vary from case to case. The question is often left to the jury.
If you are found to be partly at fault, the damages awarded to you will be reduced by the proportion of your fault. If you
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