Best Motorcycle Accident Lawyers in Minnesota

About Motorcycle Accident Law in Minnesota, United States

Motorcycle accidents in Minnesota are governed by a combination of state traffic laws, insurance statutes, and liability principles. These accidents often involve unique legal and insurance matters due to the risks riders face on the road. Motorcyclists are more vulnerable to serious injuries than occupants of enclosed vehicles. Minnesota law outlines specific requirements for motorcyclists, including licensing, safety equipment, and insurance. When an accident occurs, determining liability and compensation can involve complex evaluation of these laws and the facts of each case.

Why You May Need a Lawyer

After a motorcycle accident in Minnesota, various situations can arise that might make it important to seek legal assistance. Here are some common scenarios where people often need a lawyer:

• You have suffered serious injuries or significant property damage in the accident.
• The fault for the accident is disputed or unclear.
• An insurance company is denying, delaying, or undervaluing your claim.
• The at-fault driver does not have sufficient insurance coverage.
• There are concerns about comparative fault - for example, if you are being blamed partly or wholly for the accident.
• You have lost wages or face long-term medical treatment because of your injuries.
• The accident involved multiple vehicles or parties.
• There is a wrongful death claim due to a fatality in the collision.

A motorcycle accident lawyer can help you navigate these challenges, gather necessary evidence, negotiate with insurers, and advocate for you in court if needed.

Local Laws Overview

Minnesota has specific laws and regulations that impact motorcycle accident claims and safety requirements:

• Helmet Law: Motorcyclists under 18 and those with an instructional permit must wear helmets. Riders over 18 are not legally required to wear a helmet, but helmet use can impact injury claims.
• Insurance Requirements: Unlike automobiles, Minnesota motorcycle policies are not required to carry Personal Injury Protection (PIP) but must carry liability, uninsured, and underinsured coverage with minimum limits.
• Comparative Fault Rule: Minnesota follows a modified comparative fault law. If you are 51 percent or more at fault for the accident, you cannot recover damages. If you are 50 percent or less at fault, your compensation is reduced by your percentage of fault.
• Statute of Limitations: Personal injury claims must generally be filed within six years from the date of the accident. Certain exceptions can apply, such as in wrongful death cases.
• Equipment and Licensing: State laws require specific equipment such as eye protection and daytime headlights for motorcycles. Operators must have a valid motorcycle license or permit.
• Lane Splitting: Lane splitting (riding between lanes of cars) is not legal in Minnesota.

Frequently Asked Questions

What should I do immediately after a motorcycle accident in Minnesota?

First, ensure your safety and seek medical attention for injuries. Report the accident to law enforcement, gather witness contact information, take photos of the scene, and notify your insurance company. Avoid making statements about fault.

Is wearing a helmet required by law in Minnesota?

Helmet use is required for riders under 18 and those with motorcycle permits, but not for riders over 18 with a license. However, helmet use is still strongly recommended for safety.

Can I still recover compensation if I was partially at fault for the accident?

Yes, under Minnesota's comparative fault law, you may recover damages if you are 50 percent or less at fault. Your recovery amount will be reduced by your percentage of fault.

Who pays my medical bills after a motorcycle accident?

Since motorcycles do not require PIP coverage in Minnesota, your medical bills will usually be paid by your health insurance or through the at-fault driver's liability coverage if you succeed in your injury claim.

How long do I have to file a lawsuit after a motorcycle accident?

You typically have six years from the date of the accident to file a personal injury lawsuit. Wrongful death claims have a three-year statute of limitations. Consult a lawyer quickly to preserve your rights.

What damages can I claim in a motorcycle accident lawsuit?

You may claim damages for medical expenses, property damage, lost wages, pain and suffering, emotional distress, and other losses resulting from the accident.

What if the at-fault driver does not have insurance?

If the at-fault driver is uninsured or underinsured, you can make a claim against your own uninsured or underinsured motorist coverage if you carry it.

Should I talk to the other driver’s insurance company?

Be cautious when communicating with the other driver's insurer. Do not accept blame or provide a recorded statement without consulting a lawyer who can protect your interests.

Do I have to go to court to recover damages?

Many motorcycle accident cases are settled out of court through negotiation with insurance carriers. However, if a fair settlement cannot be reached, filing a lawsuit and going to court may be necessary.

How much does it cost to hire a motorcycle accident lawyer?

Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation. Initial consultations are often free.

Additional Resources

For those seeking more information or support related to motorcycle accidents in Minnesota, these resources may be helpful:

• Minnesota Department of Public Safety - Driver and Vehicle Services: Provides information on licensing, accident reporting, and safety regulations for motorcyclists.
• Minnesota Judicial Branch: Offers access to court information and resources about personal injury claims.
• Minnesota State Bar Association: Helps find qualified attorneys who focus on motorcycle accidents and personal injury law.
• National Highway Traffic Safety Administration: Offers national data and safety information relevant to motorcyclists.
• Local hospitals and trauma centers: Many have resources for accident victims, including counseling and rehabilitation services.

Next Steps

If you have been involved in a motorcycle accident in Minnesota and need legal assistance, consider taking the following steps:

• Seek necessary medical attention and follow all treatment recommendations.
• Document the accident and your injuries thoroughly, including photographs, police reports, and witness details.
• Notify your insurance company of the accident, but be cautious with your statements.
• Contact a knowledgeable motorcycle accident attorney who practices in Minnesota to discuss your rights, options, and potential compensation claims.
• Prepare all relevant documentation and questions before your initial consultation to make the most of your legal assessment.

Taking timely action and consulting an experienced lawyer can help ensure the best possible outcome for your case and protect your rights under Minnesota law.