Motorcycle accidents are handled differently from cases involving vehicles with four or more wheels. While Minnesota’s no-fault system is mandatory for passenger vehicles, it is optional for motorcycles. Because of this, not all bikers have no-fault coverage, and in many cases, establishing negligence becomes critical to recovering compensation.
Work with attorneys who are skilled at proving liability in Mankato motorcycle accident cases. At Maschka Personal Injury, we make our living representing injured people in negligence cases. With our experience, knowledge, and skills, our motorcycle collision attorneys can work to ensure you receive fair compensation for your damages.
Motorcyclists sometimes cause accidents, especially if the rider is inexperienced. However, in a collision between a passenger or commercial vehicle and a motorcycle, the driver of the enclosed vehicle is often at fault.
Drivers are trained to observe other cars and trucks, but may not be as vigilant about the presence of motorcycles. As a result, many drivers may not notice a bike even when it is in their field of vision. This is called inattentional blindness, and it can cause a driver to:
Drivers also may cause crashes by driving while distracted, speeding, or driving while under the influence of alcohol or drugs.
We will review the police report, witness statements, crash scene photos, and vehicle damage reports to collect evidence that the driver was negligent. When another party’s negligence was the direct cause of your injuries, the negligent party is liable for your damages. These damages might include:
However, if the crash was primarily your fault, you cannot collect damages from other negligent parties. If there is any question about allocating fault for the motorcycle crash between you and the driver, an experienced Mankato attorney should review your case. They can look for evidence demonstrating that your actions were not the primary reason for the accident, and preserving your right to pursue damages.
Minnesota Statutes §169.974 requires every rider under 18 to wear a helmet while operating a motorcycle. Helmet use is optional for adults. Not wearing a helmet can complicate a legal claim for injuries suffered in a motorcycle accident, but our attorneys can vigorously pursue your claim while defending your choice.
The party responsible for a motorcycle wreck is liable to pay damages in Mankato cases. Your helmet use cannot be considered when allocating responsibility for the crash, and your helmet use cannot be brought into evidence at a trial.
However, if you suffered head injuries, there may be a perception that you could have avoided them if you had chosen to protect yourself with a helmet. If a case goes to trial, a jury might allow this perception to influence their award of damages despite a judge’s prohibition against considering helmet use. We will work to focus the jury’s attention on the evidence of negligence and protect you from unfair treatment if you elected to forego the use of a motorcycle helmet.
The demands of dealing with a motorcycle accident claim can be overwhelming, especially if you have serious injuries. You need support from people who understand what you are going through and how to protect your rights.
Proving liability in Mankato motorcycle accident cases can be challenging, but the attorneys at Maschka Personal Injury can help. We are based in Mankato, but support clients in the surrounding areas. Contact us for a free consultation to discuss your motorcycle crash case.
