The ranks of Minnesota’s motorcycle enthusiasts are expanding as Minnesotans turn to motorcycles, scooters and mopeds for fuel-efficient and fun travel. Unfortunately, due to the lack of protection a motorcyclist has, accidents are usually extremely serious and are more likely to result in death than a similar car accident. Even the most experienced driver, wearing a helmet and protective clothing, is no match for an inattentive driver in a car, truck or SUV. The injuries sustained in a crash can alter a motorcyclist’s life permanently. The Meshbesher Law Firm has successfully handled motorcycle cases involving massive injury and death.
Motorcycles are not required to carry no-fault insurance like cars and typically have vastly inadequate medical coverage to pay for the serious injuries motorcycle accident victims sustain. Minnesota Statute 65B.46, Subd. 3 excludes people with injuries sustained while riding on a motorcycle from claiming no-fault medical coverage under a separate insured vehicle. This means that your car insurance can deny your medical bills if you were hurt while riding as a passenger on a friend’s motorcycle. Even if no-fault coverage is denied, there may be other separate insurance coverage which does apply to the accident in addition to the insurance the negligent driver had on his or her vehicle. It is important to investigate motorcycle accidents quickly to find and protect any and all claims the injured parties may have.
Because motorcycles are excluded from no fault coverage, the definition of what is a motorcycle comes into question on certain cases. Pursuant to Minnesota Statute 65B.43, Subd. 13, if a two-wheeled motorized vehicle has an engine of less than 5 hp, it is not a motorcycle. This opens no-fault medical coverage to people involved in accidents on mopeds and scooters, which would not otherwise be available if they had been on a motorcycle.
Negligent drivers failing to take notice of motorcyclists are the most frequent cause of Minneapolis motorcycle accidents. Drunk driving may also be a factor. If your motorcycle accident was caused by a drunk driver, you not only have a claim against the drunk driver personally, you may also have a dram shop claim against the bar that overserved the driver. In some circumstances, punitive damages are appropriate.
Minnesota motorcycle accidents are also sometimes caused by motorcycle driver error, whether by inattention, inexperience or intoxication. If you were a passenger on a motorcycle that lost control, you have a claim for your damages against the driver’s insurance on the bike.
To speak to one of our experienced Minnesota personal injury attorneys, call us at 612-349-5215. You can also e-mail us your questions. A motorcycle accident lawyer at the Meshbesher Law Firm will be happy to assist you with your questions. The Meshbesher Law Firm works on a one-third contingency fee basis on motorcycle accident claims. If we cannot get you a recovery, you do not owe us for the time we spend working on your case.
