Minneapolis Motorcycle Accident Lawyer
Motorcycle accidents can cause life-threatening injuries that may lead to financial instability and a lifetime of pain and suffering. Unfortunately, many collisions are the result of driver negligence and could have been avoided.
At TSR Injury Law, we understand the challenges that riders and their families may face after being involved in a serious crash. Our attorneys have obtained more than $150 million in compensation for injury victims, including a $2.8 million insurance settlement for victims of a motorcycle crash that broke several bones and required multiple surgeries. This settlement was recovered by partner Chuck Slane on behalf of the victims. Chuck is certified by the Minnesota State Bar Association and is a member of the American Board of Trial Advocates.
Contact our firm to speak to an experienced attorney during a free consultation so he or she can determine if you may have a case. We provide our services on a contingency fee basis, which means there are no upfront costs. We only get paid if we successfully obtain compensation for you.
Can I Pursue Financial Compensation for My Motorcycle Accident?
You may be able to pursue compensation for the damages your injuries have caused you if you can establish that your accident was caused by negligence. To do this, your lawyer will need to show the four elements of negligence were present in your accident. These elements include:
Duty of Care
Every driver has a legal obligation to act reasonably in order to prevent harm to others. For example, a driver must follow the rules of the road and carefully check his or her blind spots before switching lanes.
Breach of Duty of Care
You will need to show that the at-fault party breached his or her duty of care by acting negligently or carelessly. For example, if a driver neglects to use his or her turn signal and switches lanes before checking, he or she could crash into a motorcyclist who was not given adequate warning.
You will also need to show that the at-fault party’s breach of duty of care has caused you to suffer injuries - had the at-fault party took proper care, you would not been injured.
It is not enough to show that the at-fault party’s actions caused you to suffer an injury. You must show that your injuries or property damage caused you financial or emotional damages. This could mean out-of-pocket expenses like medical bills or the costs of repairing your motorcycle.
If your Minneapolis motorcycle accident lawyer can establish that these elements exist, you may be able to pursue compensation. It is difficult to determine if the elements of negligence may exist until we review your claim in a free consultation.
Have Some Questions? Phone: (612) TSR-TIME
Valuing a Motorcycle Accident Claim
Motorcycle crash victims may be able to pursue compensation for monetary damages and psychological damages, like emotional trauma. These damages could include the following:
The injuries motorcycle accident victims face often require extensive, long-term medical treatment. This can include expenses for:
- Past, current and future medical bills
- Cost of surgeries
- Treating broken bones
- Physical therapy
- Assistive medical equipment
- Doctor’s appointments
- Transportation to and from appointments
- Prescription medication
It is likely that your accident caused damage to your bike. The cost for repairs or replacement of the bike can be significant.
Lost Wages and Earning Capacity
You may be able to pursue compensation for the wages lost when you missed work along with loss of earning capacity if your injuries hurt your ability to continue working in the same job as you did before the accident.
Pain and Suffering
Your injuries may have caused you to suffer immense pain. The value of an accident victim’s pain and suffering depends on many factors, including the extent of pain and the length of your recovery.
Loss of Enjoyment of Life
Your injuries may have caused a permanent disability that prevents you from participating in activities you once enjoyed, or it may negatively impact your relationships with people you love. This may even include the loss of the ability to ride a motorcycle, which often happens after back or spinal cord injuries.
Loss of Companionship
In the unfortunate event that a motorcycle accident leads to the death of a loved one, the surviving family may be awarded compensation for the loss of financial assistance, services, nurturing, care and more.
If you or a loved one has been in a motorcycle accident, it is important that you call an experienced lawyer from TSR Injury Law right now to learn more about your potential legal options and how we assist accident victims.
We are here to help. Call today at (612) TSR-TIME.
Insurance Compensation for a Motorcycle Crash
Many motorcycle accident claims are resolved through a settlement with an insurance company. Unlike car insurance claims, motorcycle accident claims in Minnesota are generally not governed by a no-fault system. Motorcycle riders are not required to buy personal injury protection to cover their own damages in an accident caused by another motorist.
This means the at-fault party may be financially responsible for the victim’s damages in a motorcycle crash. This is why drivers of cars must purchase liability insurance. Although motorists often purchase more than the minimum amounts, these are the minimum requirements for drivers:
- $30,000 per person for each accident
- $60,000 for two or more people per accident
- $10,000 for property damage
You may be able to pursue compensation from your own policy, depending on the coverages you have purchased. This is something you can review with our motorcycle accident attorneys in Minneapolis.
Uninsured / Underinsured Motorist Insurance Loophole
The Minnesota No-Fault Automobile Insurance Act requires all insurance companies to provide the following uninsured / underinsured coverage for motor vehicles:
- basic economic losses
- medical expenses
- minimum levels of uninsured / underinsured coverage
There is a major loophole in the Minnesota No-Fault Automobile Insurance Act. They do not specify that motorcycles are a “motor vehicle”. That precludes them from the provisions of the act and it allows insurance companies to write policies that protect their own interests at the expense of the policyholder.
This loophole was recently exposed in the Johnson v. Farmers decision.
- The plaintiff incurred at least $134,000 in damages.
- The defendant was totally at fault and carried only $30,000 in liability coverage.
- The plaintiff settled for $34,000 and then filed with his own insurance for the difference of $100,000 maximum allowed on his UIM policy.
- Unknown to the plaintiff, his policy contained a “limits-less-paid” reducing clause allowing the insurer to deduct the amount of the settlement.
- That translates into $66,000 from the plaintiff’s insurance company, leaving the plaintiff footing the bill for the additional $34,000.
Many attorneys say the decision goes against settled law stating that ambiguities should be resolved against insurers. Steve Terry, founding partner of TSR Injury Law and motorcycle enthusiast, was quoted in the June 1st, Minnesota Lawyer reflecting on the decision,
“If the statute is ambiguous and the contract with the underinsured carrier is ambiguous, it should be held against the insurance carrier. The court did just the opposite . . . they gave the insurance company the benefit of the doubt and [ruled against] the person who was hurt.” He then added, “In most contexts you hold doubts against the one who wrote the policy. [The Court of Appeals] seems to be getting more and more conservative and becoming more and more insurance-company friendly. If a case could go either way, if there is ambiguity, it’s being resolved in favor of the for-profit insurance company and against injured consumers.”
This is a disturbing situation because no one reads their insurance policy completely. It leaves the door open for abuse. Any motorcycle policy can now say anything as there is no regulation whatsoever.
Why Should I Hire a Lawyer?
Plaintiff''s that have a licensed attorney handling their case receive more financial compensation compared to those that have no legal representation.
Additionally, building a robust lawsuit can be very time consuming. Following an accident, many victims are unable to perform the research to obtain the information that is needed to build a strong case. At TSR Injury Law, our lawyers have a full support team including paralegals, case managers, investigators and more, to ensure that all the details of your case are explored.
After establishing that you have a case, and should you choose to pursue it, your lawyer can begin collecting evidence to support your claim. This may include:
- Gathering photo evidence
- Collecting police reports
- Investigating the at-fault party’s driving history
- Collecting medical documentation connecting your injury to the accident
- Consulting with experts who may testify
- Gathering witness statements
Our lawyers are ready to negotiate with insurance companies to obtain the maximum compensation possible. We have done this numerous times, and we know how to protect the value of a claim and deal with insurance companies that make lowball offers or attempt to blame the victim for his or her injuries.
Our attorneys have assisted many accident victims. We understand what you are going through and how important it is for you to receive compensation.
Is There a Time Limit to File an injury Claim?
If you are considering filing a claim against the negligent party, it is important that you act quickly because insurance companies often have deadlines for filing claims. If you miss the deadline, you may miss your chance to obtain compensation.
If our Minneapolis motorcycle accident lawyers are unable to secure a fair settlement offer from the insurance company, we can discuss filing a lawsuit. We prepare for this possibility because we are focused on getting maximum compensation.
There is a two-year time limit to file a claim in Minnesota, starting from the date of the accident. This may seem like plenty of time, but you must consider that investigating a claim is time-consuming. Failure to file a claim within this deadline may bar you from pursing compensation for the damages you incurred.
However, each case is different and there may be certain situations that are exempt from this time limit. Contact a licensed lawyer for assistance so we can determine how much time there is to take action. The sooner you contact us, the more time we will have to investigate and build a detailed case.
Fill out a Free Case Evaluation form.
I Was Not Wearing a Helmet, Do I Still Have a Case?
Minnesota law does not require adults 18 years and older to wear a helmet, so you may still have a case and be eligible to receive compensation for damages if you were not wearing a helmet in your accident.
The problem is, the insurance company may say your injury is only as bad as it is because you were not wearing a helmet. They may try to reduce the value of their compensation offer based on that theory.
This is why you should speak to one of our Minneapolis motorcycle accident lawyers in a free consultation. We can determine if you may have a case and defend your claim against insurance companies looking to pay out less compensation than your claim may be worth.
The Driver Was Uninsured. How do I Recover Compensation?
This happens sometimes – there are also situations where the at-fault driver has coverage, but it runs out before paying the full cost of your damages.
However, if you have uninsured or underinsured motorist coverage in your policy, you may be able to file a claim with your own insurance company.
These kinds of claims are complicated. One reason why is that certain requirements must be met before you can use this coverage. We recommend that you contact us if the driver in your crash does not have insurance.
Filing a Claim as a Motorcycle Passenger
Motorcycle passengers can be injured just as severely or worse in a motorcycle crash. However, they often are unsure about how to pursue compensation after a crash.
You may be able to pursue a claim against the at-fault driver’s liability insurance. If you were injured because of the motorcycle operator’s negligence, you may be able to pursue a claim against him or her.
These situations are difficult to figure out until we do a comprehensive analysis of your accident and the insurance coverages that may be involved.
Reach us by phone today. (612) TSR-TIME
What if I was Injured in a No-Contact Crash?
These are accidents that happen without a collision. The rider loses control for some reason, such a mechanical issue like a tire blowout. In some situations, the accident may have been the result of road conditions.
After these accidents, the victim may be able to file a claim over the condition of the road surface – the claim may allege it was unreasonably dangerous and this caused the crash.
These are tough claims to prove, as you need detailed evidence and possibly expert testimony to connect the road condition to the crash.
Complete a Free Case Evaluation form.
Common Causes of Motorcycle Accidents
There are a variety of negligent behaviors by other drivers that may cause a motorcycle accident to occur. Some examples include:
- Driving under the influence of drugs or alcohol
- Cutting off a motorcyclist
- Failing to check blind spots before switching lanes
- Swerving in front of a motorcyclist
- Failing to yield when approaching a motorcyclist
- Failure to see a motorcyclist approaching
Types of Injuries
Since motorcyclists have little protection from other vehicles, collisions can lead to debilitating injuries like:
- Loss of limbs
- Bone fractures
- Spinal cord injuries
- Traumatic brain injury (TBI)
- Broken bones
It is extremely important that you get the medical attention you need after a motorcycle accident. Even if you feel that your injuries are minor, you may have internal injuries and not even realize it until days or weeks later.
Visiting the doctor ensures that you will be checked for any injuries. Your doctor will also provide you with proper documentation that connects your injuries to the accident, which will serve as a vital piece of evidence to help support your claim.
Contact a Minneapolis Motorcycle Accident Attorney
At TSR Injury Law, we believe that negligent drivers must be held accountable for their actions. Our goal is to make the litigation process as seamless as possible, so that our clients can focus on recovering from their injuries.
We welcome you to contact us at any time so that we can review your claim. Your consultation is free and there are no upfront fees. We only get paid when we successfully obtain compensation for your case.
Schedule your free consultation by phone or visit our office at 7760 France Ave South Suite 820 located a few miles from I-494 and I-35 W and only a 13-minute drive from the Mall of America.