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Motorcycle Accident in Minnesota: Do I Have a Case?

Cory WhalenNovember 6, 2024

Motorcycle accidents can be devastating and often result in serious injuries. Under Minnesota law, you have the right to pursue fair compensation for a motorcycle accident. But what counts as fair compensation – and how do you know if you have a claim?

Here’s how to determine if you have grounds for a motorcycle accident claim.


Key Takeaways

  • Motorcycle accidents can cause especially severe and life-changing injuries.
  • If someone else’s negligence caused your accident, you can pursue compensation.
  • The Minnesota statute of limitations limits how long you can wait to file a claim, so timing is crucial.

Negligence in a Motorcycle Accident

The basis of a motorcycle accident claim is negligence. This term means that someone failed to take proper care, putting you in danger. Negligence behind the wheel includes:

  • Distracted driving
  • Speeding
  • Intoxicated driving
  • Drowsy driving
  • Ignoring traffic signals
  • Driving recklessly or aggressively
  • Weaving between lanes
  • Tailgating
  • Failing to yield the right of way

If someone else’s negligence contributed to your accident, you can file a personal injury claim against them for compensation.

PRO TIP: Negligence isn’t always apparent. If another driver didn’t cause your accident, you might still have been harmed by a faulty vehicle part or poorly maintained road. This could give you grounds for a claim against a product manufacturer, property owner, or local government. To learn more about your rights after a motorcycle accident, schedule a free consultation with a SiebenCarey attorney today.

Motorcycle Accident Injuries

Because motorcyclists are not as protected as the occupants of a vehicle, the injuries from an accident can be especially severe. Serious injuries may include:

Traumatic Brain Injuries (TBIs)

Even with helmets, motorcyclists face a high risk of traumatic brain injury (TBI). TBIs can range from mild concussions to severe brain damage that results in cognitive impairments, memory loss, and personality changes. Long-term care may be necessary in severe cases​.

Spinal Injuries

Spinal injuries can lead to partial or complete paralysis. The impact of a motorcycle crash can fracture or dislocate vertebrae, resulting in paraplegia, quadriplegia, or other forms of permanent disability. These injuries are often devastating, with victims facing a lifetime of medical expenses and mobility challenges​.

Bone Fractures

Broken bones are common in motorcycle crashes, especially in the legs, arms, and pelvis. Riders often suffer multiple fractures that require surgery, pins, and lengthy recovery periods. These injuries can severely impact mobility and quality of life.

Road Rash and Skin Abrasions

Road rash occurs when a rider is thrown from their motorcycle and skids across the pavement. These abrasions can range from mild to severe, with deep wounds that may cause permanent scarring and infections. Many require skin grafts. Protective gear can reduce but not eliminate the risk of road rash.

Internal Injuries

The impact of a collision can cause internal bleeding and damage to organs such as the liver, kidneys, and spleen. These injuries are often life-threatening and may not be immediately obvious, making it essential to visit a doctor as soon as you can after the accident.

Muscle and Soft Tissue Injuries

Strains, sprains, and tears in muscles, ligaments, and tendons are common in motorcycle accidents. These injuries can lead to chronic pain and require extensive physical therapy. Recovery times can be prolonged, depending on the severity of the injury.

Emotional Trauma

The impact of a motorcycle accident isn’t just physical. Survivors often experience lasting psychological effects, such as:

  • Anxiety
  • Depression
  • Fear
  • Insomnia
  • Post-traumatic stress disorder (PTSD)

The sudden nature of the crash, the severity of injuries, and the challenges of recovery can leave deep mental scars. These emotional wounds can affect daily life, relationships, and the ability to work or ride again.

PRO TIP: Document your injuries thoroughly, including all doctor appointments, treatment records, and medical expenses. This step is critical for establishing the full extent of your damages and ensuring proper compensation​ when the time comes.

Proving Your Claim

For a successful injury claim, you must show that the other party’s negligence caused your accident and that the damages were substantial. Evidence may include:

  • Eyewitness testimony
  • Medical records
  • Accident scene photos
  • Surveillance cam or dashcam footage
  • Police reports
  • Vehicle repair records

Your motorcycle accident attorney will collect the evidence and build a case on your behalf.

Compensation for a Motorcycle Accident Injury

The compensation available in a motorcycle accident case can cover a wide range of damages. This list includes financial loss, pain and suffering, and other intangible damages. Many injury victims seek compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Disability
  • Property damage

When added together, the value of your claim can be substantial. Your attorney will calculate your damages and ensure that your claim covers the total amount available under Minnesota law.

PRO TIP: You can include future damages in your personal injury claim. This will allow you to estimate and demand compensation for any future expenses or suffering your injuries will likely incur. To learn more, check out this post: What Are Future Damages in a Personal Injury Claim?

Minnesota Motorcycle Accident Statute of Limitations

In Minnesota, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is generally six years from the accident date. This time limit is critical – if you miss the deadline, you may lose your right to pursue compensation in court, regardless of how strong your case may be.

Why the Statute of Limitations Matters in Minnesota

The statute of limitations sets a legal deadline to ensure that cases are resolved while evidence remains fresh and witnesses’ memories are reliable. Once the six-year period passes, your case will likely be dismissed, leaving you without any legal recourse. It’s essential to act quickly to preserve your rights and avoid losing the chance to recover damages for medical expenses, lost wages, and other losses.

Exceptions to the Rule

While the six-year rule is standard for personal injury cases in Minnesota, some exceptions could either shorten or extend this time limit:

  • Wrongful death claims: If a motorcycle accident results in death, the statute of limitations is shortened to three years from the date of death.
  • Claims against government entities: If a government entity is at fault (e.g., due to a road hazard or poor maintenance), you must file a notice of claim within 180 days of the accident, and the lawsuit itself must still adhere to the six-year limit.

Minors or individuals with disabilities: In some cases, if the victim is a minor or is legally incapacitated, the statute of limitations may be extended beyond the standard six-year deadline.

Do You Have a Valid Motorcycle Accident Case in Minnesota?

To determine whether you have grounds for a personal injury claim after a motorcycle accident, ask yourself three questions:

  1. Did someone cause your motorcycle accident through negligence or misconduct?
  2. Were you injured as a result of the accident?
  3. Do you still have time before the statute of limitations expires?

If the answer to all three questions is “yes,” you have grounds for a claim. Even if you have doubts, you should consult an attorney before giving up. You might have a better case than you realize!

SiebenCarey Can Help You Win Fair Compensation After a Motorcycle Accident

Have you been injured in a motorcycle accident? The SiebenCarey team can help you win the compensation you deserve.

SiebenCarey is the ONLY law firm in Minnesota with a 70-year record of helping injury victims get the help they need. When you choose SiebenCarey to represent you, you will get the full benefit of our:

  • Seven decades of experience in the legal field
  • Proven record of successful verdicts and settlements
  • Comprehensive legal resources
  • Fully staffed team of lawyers, paralegals, and in-house investigators

Best of all, you can expect the “Know Your Rights” guarantee of personal care, clear communication, and dedication to your case.

Schedule a free consultation today, and we’ll be happy to assist you in any way we can. We look forward to hearing from you!

FAQs

What if I was partially at fault for the accident?

Under Minnesota’s comparative negligence law, you can recover compensation as long as you are not more than 50% at fault. Your compensation will be reduced by the percentage of your fault. For example, if you’re found to be 30% responsible for the crash, your compensation would be reduced by 30%​.

What if I wasn’t wearing a helmet during the accident?

In Minnesota, riders over 18 are not required by law to wear a helmet. However, if you weren’t wearing a helmet and suffered head injuries, this could be used against you to reduce your compensation. The defense might argue that your injuries were more severe because you chose not to wear a helmet. This falls under Minnesota’s comparative negligence rule, where your compensation may be reduced based on your level of fault​.

What if the other driver is uninsured or underinsured?

If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own insurance policy. Minnesota requires drivers to carry uninsured and underinsured motorist coverage, which can help cover your damages in these situations. It’s crucial to review your policy and consult with an attorney to explore your options.

How long does a motorcycle accident case typically take to resolve?

The timeline for resolving a motorcycle accident case varies widely depending on factors such as the complexity of the case, the severity of injuries, and whether the case goes to trial. On average, a case could take anywhere from a few months to a couple of years. Settlement negotiations can speed up the process, but cases that require litigation or involve disputes over liability tend to take longer​.

When should I contact a lawyer after a motorcycle accident?

It’s best to contact a lawyer as soon as possible after the accident. Early legal advice is crucial for preserving evidence, protecting your rights, and avoiding potential pitfalls when dealing with insurance companies. Waiting too long could also jeopardize your case due to the statute of limitations.

Is there a bias against motorcyclists in Minnesota?

Unfortunately, bias against motorcyclists is common, with some people – including jurors and insurance adjusters – assuming that motorcyclists are inherently reckless. This bias can affect the value of your claim or the willingness of the insurance company to offer a fair settlement. Working with an experienced attorney who can build a strong, evidence-backed case is critical to overcoming this bias​.

How much is my motorcycle accident case worth?

The value of your case depends on multiple factors, including the severity of your injuries, the clarity of the other party’s fault, the amount of available insurance coverage, and the long-term impact of the accident on your life. Compensation generally includes:

What evidence is most important for proving my claim?

The most critical evidence includes:

  • Photographs of the accident scene, vehicle damage, and road conditions
  • Medical records detailing your injuries and treatment
  • Witness statements that corroborate your version of events
  • Expert testimony, such as accident reconstruction reports or medical expert opinions
  • Police reports that document fault (and any citations issued)

How does Minnesota’s “no-fault” insurance law affect my claim?

Minnesota is a no-fault state, which means that your own insurance covers your medical bills and certain other expenses regardless of who was at fault. However, for serious injuries and significant claims, you can still pursue compensation from the at-fault party through a personal injury lawsuit​.

What if I can’t afford to pay for legal help?

You can always afford SiebenCarey! We work exclusively on a contingency fee basis. This means that we only get paid if you win your case. Once you win, your attorney’s fee will be taken as a percentage of your settlement or award. You’ll never need to pay anything upfront​ or out of pocket!

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Cory P. Whalen
Practice Areas
  • Auto Accidents
  • Medical Malpractice
  • Personal Injury
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