Being involved in a motorcycle accident can be a life-altering experience. Dealing with injuries, handling medical bills, and navigating the legal process can be especially overwhelming. You may want to consider hiring a lawyer to advise you and represent your best interests.
If the negligence of another motorist caused you to suffer a motorcycle accident injury, you may be eligible to pursue compensation for the losses you have endured. Our lawyers at TSR Injury Law have obtained over $1 billion in compensation for our clients. This includes a recovery of $2.8 million by partner Chuck Slane for two clients who required multiple surgeries after breaking several bones in a motorcycle crash. Chuck currently sits on the Board of Governors for the Minnesota Association for Justice (MNAJ).
To see how a Saint Paul motorcycle accident lawyer may be able to help, react out for a free consultation. There is no risk or obligation on your part to take legal action and no upfront fees if you retain our services. Unless you obtain a recovery through a settlement or verdict, our firm does not get paid.
Call us anytime, 24 hours a day, at (612) TSR-TIME.
Do I Have a Viable Case?
Our legal team needs to review the particulars of your situation to help determine if you may have a viable case. This includes establishing whether the motorcycle accident was due to negligence, which means the failure to take reasonable care to avoid causing harm to another person.
There are four elements of negligence that need to be proven in order to seek compensation. These include:
- Duty of care – The other party must have owed you a duty of care to act in a sensible manner to prevent you and others sharing the roadway from being injured and suffering other losses. For instance, motorists must follow all traffic laws and check for blind spots when changing lanes.
- Breach of duty of care – The other party must have failed to uphold this legal obligation by acting carelessly and not how a reasonable person would have in a similar situation. For instance, a motorist failed to stop at a red light and crashed into a motorcyclist passing through the intersection.
- Causation – The other party’s negligence must have directly caused your injuries. Had the motorist not been tailgating, he or she would have avoided hitting the motorcycle rider from behind and causing harm. We have experience gathering medical records and accident reports to help prove this element.
- Damages – You must show that your injuries caused you to suffer damages, such as medical bills or lost income. It is simply not enough to show that the other party’s actions caused your injury.
Let our St. Paul motorcycle accident lawyers discuss the legal options that may be available to you in a free consultation. We are prepared to pursue maximum compensation if all four elements can be established.
Have questions about the legal process? Dial (612) TSR-TIME.
Damages Available in Motorcycle Accident Cases
The value of your damages after a motorcycle accident cannot be accurately calculated without looking at a number of factors unique to your situation. The extent of your injuries, your ability to return to work, the medical treatment you have incurred and will continue to incur in the future will all need to be evaluated.
Generally, the types of damages motorcycle accident victims may be able to recover could include:
Medical care following a motorcycle crash can be costly. Certain injuries to the head, neck and back may require extensive care or become permanent. These damages could help cover hospital stays, emergency services, follow up doctor’s visits, medications, surgery, physical therapy, rehabilitation and assistive devices.
Your motorcycle may have been damaged in the accident. These damages could help cover the reasonable cost to repair the vehicle, the cost to rent a vehicle, or the fair market value of your vehicle if it is a total loss.
Loss of Wages
Many serious crashes often leave motorcycle riders unable to return to work for some time or work in the same capacity as before. These damages could help cover the wages you lost while seeking medical care and recovering from your injuries. You may even be able to obtain loss of future earnings if you are unable to work at all, or in the same capacity as before.
Pain and Suffering
Motorcycle accidents can be a traumatic event for many victims. These damages could help cover the pain and suffering, both physical and mental, that you have experienced since the crash. Loss of enjoyment of life in doing the activities you once loved and loss of companionship from a loved one could also be recovered.
These are just some of the damages available in a motorcycle accident claim. Our legal team is prepared to discuss the value of your claim free of charge.
Deadline to File a Motorcycle Accident Claim
If you are thinking about filing a motorcycle accident claim, it is important that you act as soon as possible. There are certain deadlines that must be met to have a chance at obtaining compensation for your injury.
In Minnesota, most personal injury cases have a two-year deadline. This means you generally have two years from the date of the accident to file. This deadline is also known as the statute of limitations. Failure to file before the deadline passes will likely result in you losing the right to file. However, there may be exceptions.
If you have any questions about the statute of limitations or are unsure if your time to file has passed, we recommend that you reach out a licensed Saint Paul motorcycle accident attorney from our firm for advice.
Will Not Wearing a Helmet Affect My Case?
Although state law requires motorcycle riders under the age of 18 to wear a helmet, you may still have a case and be able to recover compensation even if you were not wearing a helmet at the time of the crash.
However, the insurance company may try to deny your claim. They may say that you were only injured because you failed to wear a helmet to try to reduce the amount of compensation being payed out. Their goal is to save themselves money.
That is why you should consult with our lawyers to learn more about your legal options and pursuing a claim if you were not wearing a helmet at the time of the crash.
Insurance Requirements for Minnesota Motorists
In Minnesota, all motorists must carry liability insurance coverage, which helps pay for the other party’s damages and injury costs if they are at fault for the crash.
The minimum amounts of liability coverage as required by law are:
- $30,000 of bodily injury coverage per person
- $60,000 of bodily injury coverage for two or more people per accident
- $10,000 of property damage coverage
It is important to note that drivers often purchase more than the minimum amount of coverage.
While motorcycle riders may be able to obtain insurance compensation from their own policy in an accident caused by another driver, motorcycle crash victims often file claims against the at-fault driver. Motorcycle crashes are not governed by a no-fault system like car accidents and there is no requirement for motorcycle riders to buy personal injury protection coverage to pay for their damages after a crash.
Insurance claims can be highly complex, which is why you should strongly consider seeking legal representation.
What if The Other Party Does Not Have Enough Coverage?
While the at-fault party may have more than the minimum amount of coverage, it still may not be enough to cover the full value of your damages.
When this happens, our St. Paul motorcycle accident attorneys may be able to pursue compensation through your underinsured/uninsured motorist coverage. This coverage helps pay for medical-related expenses if the other party does not have the right amount of coverage or does not have insurance at all.
The minimum amount of coverage required by law is $25,000 per person injured in an accident and $50,000 for two or more people injured in an accident. Uninsured/underinsured coverage is supposed to pay for medical bills and basic economic losses.
Potential Loophole in Uninsured/ Underinsured Motorist Insurance
However, Minnesota’s No-Fault Automobile Insurance Act does not label motorcycles as motor vehicles. This loophole was recently applied in the case: Johnson v. Farmers.
The plaintiff’s insurance policy had a clause allowing it to reduce payouts to policyholders who settled with another insurance company. The plaintiff was left with $34,000 in expenses after the $34,000 settlement was subtracted from the maximum coverage limit of $100,000 in the victim’s insurance policy.
TSR Injury Law founding partner Steve Terry was quoted in an issue of Minnesota Lawyer about this decision. “If a case could go either way, if there is ambiguity, it’s being resolved in favor of the for-profit insurance company…”
Free Consultation. No upfront fees. Ph: (612) TSR-TIME.
Injury Claims for Motorcycle Passengers
Motorcycle passengers often sustain injuries just as serious or worse than motorcycle riders in an accident. They may be unsure about what to do on in order to pursue compensation for any damages suffered.
In these instances, you may be able to file a claim against the at-fault party. If the operator of the motorcycle was the one being negligent or shared some fault in the crash, you may also be able to file a claim against his or her insurance policy.
We understand how complex motorcycle accidents can be, especially when a friend or loved one is involved. Having a knowledgeable lawyer to help you form your claim can be beneficial. Our lawyers are experienced in gathering evidence, calculating damages, and negotiating settlements after a motorcycle accident.
What Is a No-Contact Motorcycle Crash?
Sometimes a motorcycle rider can lose control and crash. This can often happen because of a mechanical issue, such as a tire blowout, or problems with the roadway, such as potholes, spillage, or obstructions.
These types of cases can quickly become complicated, as you may need to pursue legal action against a product manufacturer or government entity.
This would require an in-depth investigation into the accident and possibly expert witness testimony to help link the defective product or unsafe road conditions to the motorcycle accident and your injuries.
Our Saint Paul motorcycle accident lawyers are here to review your situation and determine if you may have legal options. Call (612) TSR-TIME today.
Why Motorcycle Accidents Happen
Motorcycle accidents often happen because of another motorist’s negligent actions. This could include:
- Driving while distracted on the phone, eating or using a GPS device
- Speeding or recklessly driving
- Failing to yield the right-of-way
- Following a motorcycle rider too closely
- Driving while under the influence of alcohol or drugs
- Failing to check blind spots before changing lanes
- Disobeying traffic signals and stop signs
- Weaving in and out of traffic
Motorcycles are smaller and lighter that passenger vehicles, and riders lack the protection of a vehicle, such as seat belts and airbags. As a result, riders are more likely to be fatally injured in a crash. It is important for motorists to pay close attention for motorcycles.
Call Our Saint Paul Motorcycle Accident Lawyers Today
If you have been injured in a motorcycle accident caused by negligence, it is in your best interest to seek legal representation as soon as possible. Our Saint Paul attorneys have helped many injury victims and their loved ones recover millions in compensation for the injuries and other damages they have suffered.
Reach out to schedule a free consultation to learn more about your possible legal options. Your consultation with us is confidential and comes with no risk or obligation to pursue legal action. If you have a case and we represent you, we do not charge upfront fees. You only pay us if we help you obtain compensation.
Call (612) TSR-TIME or fill out our Free Case Evaluation form today.