St. Paul Motorcycle Accident Lawyer

 

A motorcycle accident lawyer in St. Paul can guide you through all the intricacies in the law and prepare a strong lawsuit on your behalf.  If you have additional questions, don’t hesitate to call our law firm at 651-259-1113.

Special Rules for Motorcyclists on the Road in Minnesota

The Minnesota Department of Public Safety (DPS) publishes its Motorcycle Laws and Regulations each year.  These include:

• Motorcyclists are entitled to the full use of their lanes and have all the rights and duties of other drivers. 169.974 subd. 5 (f) (g) 
• Motorcyclists are permitted to travel in high-occupancy vehicle (HOV) carpool lanes. Title 23, U.S. Code, Section 166 
• All laws regarding driving under the influence of alcohol or drugs apply to motorcyclists as well. 169A 
• Careless and reckless driving 169.13 applies to motorcyclists as well, and includes “wheelies,” “stoppies,” standing on the seat, etc. 169.13
• A motorcyclist may only ride on a permanent seat. Passengers may ride on a passenger seat or in a sidecar. 169.974 subd. 5 (a)
• Passengers under the age of 18 must wear a DOT-approved helmet. 169.974 subd. 4 (a) 
• Passengers must be able to reach both footrests while seated on the passenger seat. 169.974 subd. 5 (b) 
• Operators and passengers must face forward with one leg on each side of the motorcycle. 169.974 subd. 5 (c) 
• Motorcyclists must not carry anything that interferes with holding onto the handlebars. 169.974 subd. 5 (d) 
• Splitting traffic is illegal. No one except on-duty police officers may ride between lanes of traffic or in the same lane with another vehicle. It is legal for two motorcyclists to ride side-by-side if both riders agree to it. 169.974 subd. 5 (e) 
• Motorcyclists are provided with an affirmative defense when proceeding through an unchanging red light that has shown red for an unreasonable time if no vehicle or pedestrian is approaching the street. 169.06 subd. 9 
• Headphones/earphones: one ear only. 169.471 subd. 2 (a) 

It’s always a good idea to review the rules of the road before taking your motorcycle out for a long ride.  As they say, an ounce of prevention is worth a pound of cure.

Common Causes of Motorcycle Accidents

There are many things that can contribute to a motorcycle accident – bad weather, unfamiliar surroundings, driver error.  According to data from the National Highway Traffic Safety Administration (NHTSA), roughly 80% of all reported motorcycle crashes result in injury or death compared to just 20% in passenger vehicles (trucks, cars, SUVs, etc.). Similarly, motorcyclists are 27 times more likely to suffer a fatality during a collision. Following are some of the most common causes of motorcycle crashes:

1. Alcohol and Drug Use

Drinking alcohol (either by the motorcyclist or driver of the other vehicle) significantly increases the likelihood of accidents.

2. Speeding

According to a National Highway Traffic Safety Administration (NHTSA) study, approximately 31% of all U.S. motorcycle riders who were involved in fatal crashes were speeding.

3. Inexperience and Inattention

Of the motorcycle operators involved in fatal crashes in 2020, 36% were riding without valid motorcycle licenses.

4. Physical and Emotional Impairment

Riding while sleep-deprived, ill, or without the height or strength to handle a large motorcycle can lead to crashes.

5. Mechanical Problems

Failing brakes, poor tire tread, and other mechanical and electrical defects can lead to accidents.

6. Weather

Inclement weather – whether rain, sleet, snow, wind or fog – can reduce visibility and make roads slick and hazardous.

7. Roadway Conditions

Construction zones and poorly maintained roads with potholes, gravel shoulders, and other problems can spell danger for motorcyclists.

8. Left Turns

Drivers of other vehicles have been known to turn left into oncoming motorcyclists simply because they didn’t see them in mirrors or when looking at the road.

9. Distracted Drivers

All too often, drivers of other vehicles are texting, eating, talking on the phone, listening to podcasts, or otherwise not paying attention to their surroundings.

10. Roadway Users and Traffic Threats

Sudden stops, lane changes, and car doors opening unexpectedly can have tragic consequences for motorcyclists.

Because motorcyclists are so vulnerable and sometimes hard to see, they should use extra caution when getting out on the road.  Always use defensive driving skills.

Potential Injuries in Motorcycle Accidents

Motorcycle accident injuries can be moderate or severe, depending on the circumstances.  These crashes can also be deadly.  Following are potential injuries you can sustain in a motorcycle crash:

• Concussion
• Head trauma & brain injuries
• Neck and spine injuries
• Lower back injuries
• Broken bones
• Internal bleeding
• Organ damage
• Cuts, lacerations, and puncture wounds
• Burns
• Paralysis

In an instant, your life can be changed forever due to a motorcycle crash.  You can face hundreds of thousands of dollars In medical bills and permanent disability.

What Happens If My Loved One Died in a Motorcycle Accident?

In the horrific event that your loved one is killed in a motorcycle accident, you could file a wrongful death claim.  While it won’t bring your loved one back, it can help provide financial resources for surviving family members to live on going forward.  In a wrongful death case, you can claim all the economic and non-economic damages listed above in addition to the cost of funeral and burial services.

In one of our cases, we recovered a $325,000 settlement for the family of a man who was killed on a motorcycle when a semi-truck made an illegal U-turn. The insurer for the truck denied the claim for two years until after numerous depositions, only settling well into litigation.

What You Should Do Immediately After a Motorcycle Accident

If you’ve been involved in a motorcycle crash, there are important steps you should take to avoid further injury and protect your legal rights:

• Call 911 and ask police to respond to the scene.
• Seek medical attention right away, even if this means riding in an ambulance to the hospital emergency room.
• Get the other driver’s name and license information.
• Get the name and contact information of any eyewitnesses.
• If you are able, use your cell phone to take pictures of your injuries, the damage to both vehicles, and the crash scene.
• Answer police officer’s questions succinctly, but do not over-explain.  Above all, do not say you were at fault for the accident.
• Be polite, but say as little as possible to the other driver.
• Hire a St. Paul motorcycle accident lawyer to represent you.

By taking these steps, you can ensure your safety, preserve evidence, and position yourself well should you later decide to file a personal injury claim.

Statute of Limitations for Motorcycle Accident Claims in Minnesota

In most cases, the statute of limitations for a motorcycle accident injury claim is six years in Minnesota.  The 6-year statute of limitations for Minnesota personal injury lawsuits can be found at Minnesota Statutes section 541.05.  There are a few scenarios in which the “clock” on the statute of limitations may be delayed.  These include:

• If the injured person is younger than 18, then the statute does not run until the later of 6 years or the person turns 19 years old.
• If the injured person is legally insane, the clock won’t start until the period of legal disability is over (mental competence is restored).  However, this filing deadline will not be extended beyond five (5) years, and once sanity is restored, the lawsuit must be filed within one (1) year. (Minnesota Statutes section 541.15.)

Minnesota Shared-Fault Rules

Some states, including Minnesota, follow a rule known as “modified comparative negligence.”  This means the law understands that, in many situations, more than one person could be at fault for an accidental injury.  The court will determine the amount of fault that belongs to each party based on the facts in the case.  As long as your share of fault is 50% or less, you will be entitled to collect a certain amount of damages for your injury.

For example, suppose you’re riding your motorcycle down a busy street, and a car runs a stop sign and pulls out in front of you, causing your bike to crash.  You were speeding 15 miles per hour over the speed limit, and the other driver was texting on his phone.  Eventually, it’s determined that you are 25% at fault for the accident, and the other driver is 75% at fault.  Let’s say the total damages for the accident are calculated to be $400,000. Under Minnesota’s comparative fault rule, 25% (the percentage of fault assigned to you) will be subtracted from that $400,000.  This means you may collect 75% of the total, or $300,000.

If you have additional questions about the unique facts in your case and want to learn more about how fault might be determined, we invite you to talk to an experienced St. Paul motorcycle accident lawyer at Tyroler Leonard Injury Law.  Call us for a free consultation at 651-259-1113.

Contact a Motorcycle Accident Attorney in St Paul Today

If you or a loved one has been injured in a motorcycle accident, your entire world has been turned upside down.  At Tyroler Leonard Injury Law, we understand the stress you are under.  While you focus on recovering, let us handle the legal side of things.  Our motorcycle accident attorney in St. Paul can build a strong case on your behalf seeking compensation for medical bills, lost wages, property damage, and pain and suffering.  You don’t have to face this horrible experience alone.  Our professional and compassionate legal team will walk beside you every step of the way.  To find out more about how we can help, call us for a free consultation at 651-259-1113.