Who Is Liable in a Minnesota Motorcycle Accident?
If you are injured in a motorcycle accident in Minnesota and you were not at fault for the crash, you have the right to file a personal injury lawsuit.
One of the first steps in such a case is to figure out the at-fault and liable parties in the incident. To do this, you have to understand the difference between fault and liability.
Fault
Fault refers to the party that caused the crash to occur. Fault is sometimes indicated in a police report. Other times, witnesses and other resources are needed to determine fault.
Just because someone is at fault in an accident does not mean they will be liable for paying out damages owed to an injured person.
Liability
Liability refers to the party who is responsible for paying out damages related to an accident. Damages might include the cost for medical bills after an accident, lost wages, pain and suffering, etc.
Sometimes, the liable party in an accident is not the at-fault party. Minnesota is a ‘no-fault’ state, according to the Minnesota Department of Commerce, meaning people can seek compensation from their own insurance companies following an accident.
However, because motorcycle accident victims often suffer serious injuries, their losses often exceed the limits of their insurance coverage. In these cases, accident victims can seek legal representation from experienced attorneys, who will help them get fair compensation for their losses.
What Are Some Common Causes of Motorcycle Accidents in Minnesota?
Motorcycle riders in Minnesota know that you always have to have your head on a swivel when riding.
Unfortunately, motorcycle accidents are common in the state and often lead to fatalities or catastrophic injuries for motorists and passengers alike.
Some of the most common causes of motorcycle accidents in Minnesota include:
- Distracted driving
- Lane changes without signals or without checking mirrors
- Aggressive driving
- Drivers operating vehicles under the influence of drugs or alcohol
- Failure to check blind spots
- Speeding
- Faulty motorcycle parts
- Poorly maintained roadways and other road hazards
Common Damages in Motorcycle Accident Personal Injury Claims
When you or a loved one is involved in a motorcycle crash, it can affect your life in a number of different ways.
A personal injury attorney can help you to seek compensation for all of these adverse effects.
Common damages that are sought in motorcycle accident cases include:
- Lost wages: People who have been unable to work due to their injuries, as well as people who expect their ability to work to be impacted, can seek compensation for any lost wages and projected lost wages.
- Medical expenses: Medical bills from any medical care you have received related to your injuries can be paid back in a settlement. Additionally, if you are likely to continue to need treatment for injuries, an estimate for these costs can be claimed as damages.
- Wrongful death: If your family has suffered the tragedy of losing a family member to a motorcycle accident, you could be eligible for wrongful death compensation.
- Pain and suffering: This type of compensation is aimed to cover the emotional, psychological, and physical harm that is caused by the trauma of an accident, as well as logistical struggles resulting from injuries.
How Does Negligence Affect Motorcycle Accident Cases?
Negligence occurs when a party acts in a manner that violates a ‘duty of care’. In other words, people have a legal duty to act in a manner that is courteous to the health and safety of others.
If a driver or another party violates this duty of care, leading to a motorcycle accident, negligence might be present.
In order for negligence to be established legally, it must be shown that a party acted in a way that they knew, or should have known, would put others in harm’s way.
In the case of motorcycle accident claims, negligence has to be present for a personal injury case to be successful.
Further, negligence must lead to the accident, as well as to the injuries resulting from the accident. This is the case for all auto accident personal injury claims.
Personal injury lawyers are experts at clearly demonstrating how negligence was present during an accident and how it directly correlates to damages suffered.
Alcohol and Drug Impairment and Motorcycle Crashes
Like other types of motor vehicle accidents, motorcycle crashes sometimes involve the use of drugs and alcohol. In these cases, a collision with an impaired driver might be entirely unavoidable.
If there is a silver lining in being involved in a motorcycle accident with an impaired driver, it is that establishing negligence in these instances is usually very straightforward.
Anyone who has been in an accident with a driver who was under the influence of drugs or alcohol should reach out to Florin|Roebig for a free consultation.
Motorcycle Accident Facts for Minnesota
Motorcycle crashes are a common occurrence in Minnesota. Fatalities and serious injuries occur at a higher rate in motorcycle accidents nationwide when compared with other types of car accidents.
Check out these facts from the Minnesota Department of Public Safety pertaining to motorcycle crashes in Minnesota in 2020:
- 926 motorcyclists were injured in accidents in Minnesota in 2020.
- 64 fatalities occurred.
- 84% of injuries and fatalities were males.
- Per 100 crashes, 6.4 were fatal.
- Only 36% of the people who died in motorcycle accidents were wearing a helmet (helmets are not required by law in Minnesota).
How Do Motorcycle Accident Personal Injury Claims Work?
Are you worried about stress and extra burdens coming from a personal injury claim? That’s normal, but there’s no need to worry. Filing a personal injury claim after a motorcycle accident in Minnesota is very simple and follows these general steps.
- Reach out to an experienced personal injury law firm for legal advice. The best law firms offer free case evaluations. Lawyers will review your case and help you to determine whether filing a lawsuit against liable parties is the right thing to do.
- Gather all information related to your accident and any injuries you may have suffered. This could prove crucial if you do move forward with a lawsuit.
- Your attorneys handle all communication related to the lawsuit, acting as a middleman between you, insurance companies, liable parties, law enforcement, etc.
- Most of the time, motorcycle accident injury claims settle out of court. This means that you, your lawyers, and the liable party will agree on a fair compensation amount to cover any damages you have suffered.
- Sometimes a settlement cannot be reached, though this is rare. In these instances, you will be glad to have attorneys with years of experience to build you a strong case in court and help you win a fair compensation amount.
List of Common Injuries Suffered in Motorcycle Accidents
Motorcycle accidents are extremely dangerous, especially for those on the bike. With little protection between themselves and the road, motorcyclists are in a vulnerable position when an accident occurs.
Common injuries suffered in Minnesota motorcycle crashes include:
- Fractures and broken bones
- Scrapes and burns, including “road rash”
- Disfigurement
- Head injuries including traumatic brain injuries
- Organ damage
- Dismemberment
- Spinal cord injuries and paralysis
- Internal bleeding
- Cuts and lacerations
Why Should You Work With a Lawyer After a Motorcycle Accident in Minnesota?
Minnesota law does not require that you work with an attorney following a motorcycle accident. However, it has been shown repeatedly that settlement amounts are, on average, higher when an experienced attorney is assigned to a case.
For Minnesotans, working with an attorney is a no-brainer. Minneapolis motorcycle accident lawyers and other lawyers in the state are experts at navigating the no-fault insurance law, as well as other nuances that make filing your own personal injury case very difficult.
You deserve to be awarded fair and full compensation for losses you have suffered in a motorcycle accident.
Attorneys will work tirelessly to make sure you get the best possible settlement, allowing you time to recover and rest after a traumatic accident.
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Motorcycle Accident Attorneys in Minnesota Near You
Whether you are in need of an attorney in Minneapolis, St. Paul, or anywhere else in the state of Minnesota, Florin|Roebig has you covered.
Our team of dedicated, experienced attorneys are experts when it comes to motorcycle collision lawsuits in the state of Minnesota.
Florin|Roebig is one of the nation’s top personal injury law firms. But don’t take our word for it — just reference any of our excellent client testimonials or our array of recognitions and awards to see that we pride ourselves on offering the highest level of service.
Our team of dedicated motorcycle accident attorneys is ready to assist you today. We offer free case evaluations so you can get an idea of how your personal injury lawsuit might go before committing to anything.
Our team includes several top attorneys, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Parker Y. Florin, LL.M.
- Nollys R. Solarte, O.C.
- Chase P. Florin, B.C.S.
- Taylor D. Roebig
- Andrew M. Leone, O.C.
- John J. Hart
We Are Nationally Awarded Lawyers
Get in Touch With a Motorcycle Accident Lawyer Today
You don’t have to suffer endlessly because of your motorcycle accident. A personal injury claim can help you to be fairly compensated for your losses so you can get your life back on track.
The law offices of Florin|Roebig are awaiting your call. Reach out to us today to schedule a free case evaluation or chat with one of our specialists about your next steps.
