Experienced Minnesota Attorney for Motorcycle Accidents
Motorcycle accidents can lead to devastating injuries, both physically and emotionally. At the Gardner Law Office, we understand the unique challenges that motorcyclists face on the road, and we are dedicated to advocating for your rights and helping you obtain the compensation you deserve after an accident.
Our firm stands apart from other law firms in Minnesota due to our unwavering commitment to our clients, backed by nearly 25 years of experience in personal injury law. Our motorcycle accident attorney, Todd Gardner, is skilled in handling all types of motorcycle accident cases, from minor injuries to catastrophic accidents resulting in long-term disabilities. We have a track record of successfully negotiating settlements and taking cases to trial only when necessary.
Contact our Minnesota firm today to schedule a free consultation and learn how we can help. We serve people throughout Minnesota. Call or text us at 763-574-7522.
Types of Motorcycle Accident Claims We Handle
Every motorcycle crash case is different, each presenting its own set of legal challenges and considerations. Some types of motorcycle accident claims we have extensive experience handling include:
Collisions With Other Vehicles
Motorcycle riders are often at a higher risk of severe injury when involved in collisions with cars or trucks. If you've been injured due to a driver's negligence—such as failing to see you, distracted driving, or speeding—our firm is here to assist you in navigating the complexities of your case.
Wrongful Death Claims
Tragically, motorcycle accidents can sometimes result in wrongful death, leaving families shattered and struggling to cope with their loss. In such heartbreaking situations, it is vital to seek legal guidance to explore potential wrongful death claims against the responsible parties.
We are committed to advocating fiercely for your rights and pursuing the compensation you deserve, which may include medical expenses, funeral costs, loss of income, and pain and suffering. If you have lost a loved one in a motorcycle accident due to someone else's negligence, we are here to provide the dependable, compassionate legal representation you deserve.
Challenges Motorcycle Accident Victims Face Regarding Insurance Companies
No Fault Claims
Minnesota is considered a “no-fault” state, which simply means that no matter who is at fault for the car crash, under the law, victims may be entitled to certain benefits (Personal Injury Protection benefits) from an automobile insurance company, usually their own, even if they cause the accident.
However, under Minnesota law, motorcycle insurance does not automatically provide personal injury protection benefits if you are involved in an accident. You must specifically insure your motorcycle with this coverage. If you have however insured yourself for this coverage, you are entitled to the same no-fault benefits under the law.
Bias Against Motorcyclists
In our experience with motorcycle accident claims, we've seen our fair share of inherent biases against motorcyclists, as many insurers hold preconceived notions that motorcyclists are reckless or less deserving of compensation. This bias, unfortunately, often leads to unfair treatment and low settlement offers that do not adequately reflect the true extent of the injuries and damages suffered.
Additionally, the burden of proof falls on the injured to demonstrate that the other party was at fault, which can be complicated by factors such as witness availability and access to police reports. Insurance companies may also utilize delay tactics, prolonging the claims process to pressure victims into accepting lower settlements—or abandoning their claims altogether.
Having a knowledgeable attorney on your side can help counter these challenges by advocating for your rights and ensuring that you receive fair treatment from insurance companies.
The Aftermath of a Motorcycle Accident
Filing a motorcycle accident claim involves several key steps that can help you receive the compensation you deserve. Here are the essential actions to take:
Seek medical attention. Prioritize your health by obtaining immediate medical care and adhering to treatment plans.
Document the incident. Collect evidence from the scene, including insurance information from involved parties, police reports, photographs of the scene, witness statements, and medical records.
Consult an attorney. Call, text or e-mail us at Gardner Law Office, LLC to evaluate your motorcycle accident case and explore your legal options.
File a claim. Notify the at-fault party's insurance company about your injury, along with appropriate documentation to support your claim.
Investigate the claim. We will carry out a detailed investigation to gather additional evidence and strengthen your case.
Negotiate a settlement. Most motorcycle accident claims are settled out of court; at Gardner Law Office, we will advocate to secure a fair settlement on your behalf.
Litigate if necessary. If negotiations fail, we may file a lawsuit and represent you in court.
What are the legal responsibilities of drivers towards motorcyclists in Minnesota?
In Minnesota, drivers have a critical responsibility to ensure the safety of all road users, including motorcyclists.
According to state law, drivers must yield the right-of-way to motorcyclists when required, ensuring that they do not engage in behaviors that could endanger them. This includes not only following traffic signals and signs but also checking blind spots before changing lanes or making turns. Additionally, drivers should maintain a safe following distance, allowing adequate space for motorcyclists.
It's also crucial for drivers to be mindful of their speed, particularly in areas where motorcyclists are prevalent, such as near schools, parks, or biker events. Motorcyclists often have smaller profiles, making them less visible, so drivers must be alert and aware of their presence on the road. Failure to do so may result in severe accidents and potential liability for damages.
It's also illegal for drivers to engage in distracted driving behaviors, such as texting or using a mobile phone, as these actions can significantly impair their ability to react to motorcyclists on the road. In summary, maintaining vigilance, compliance with traffic laws, and respect for the rights of motorcyclists are essential responsibilities of drivers in Minnesota to ensure the safety of everyone on the road.
What compensation can I receive for my motorcycle accident injuries?
Medical Expenses: This encompasses all costs related to your medical care, including hospital stays, surgeries, rehabilitation, physical therapy, prescriptions, and any future medical treatment that may be necessary as a result of your injuries.
Lost Wages: If your injuries impede your ability to work, you may be entitled to recover lost wages for the duration of your recovery. Additionally, if you are unable to return to work in the same capacity, compensation for lost earning potential may also be pursued.
Pain and Suffering: This type of compensation addresses the physical pain and its mental aspect caused by the accident and your injuries. Calculating pain and suffering can be complex, often relying on the severity of your injuries and their impact on your daily life.
Emotional Distress: Beyond physical injuries, victims often experience emotional and psychological challenges such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for these conditions can be sought as part of your claim if you seek mental health treatment.
Property Damage: Compensation may include the costs of repairing or replacing your motorcycle and any personal property damaged in the accident.
Loss of Consortium: If the accident affects your relationship with your spouse due to your injuries, they may also be entitled to a claim for loss of consortium, which covers the loss of companionship and marital benefits.
Experienced Motorcycle Accident Lawyer Serving Minnesota
If you or a loved one has been injured in a motorcycle accident due to someone else's negligence in Minnesota, don't hesitate to reach out to Gardner Law Office, LLC for a free consultation. Let us help you navigate your case and fight for the compensation you deserve. Call or text us today at 763-574-7522.