What to Do After a Motorcycle Accident
Written on August 18, 2022.
Written by James J. Kirshbaum. Posted in Motorcycle Accidents.
Motorcycle riders face higher risks for injury than other motorists on Minnesota roads. The injuries you could sustain in a motorcycle crash may be more serious than if you were in a car. If you do not deal with your injuries, they could get worse. Trying to recover while also dealing with insurance companies can be a nightmare. You do not have to go through this ordeal alone, though. The motorcycle accident attorneys at Kirshbaum Injury Law are here to help ease the process of getting you compensation for your injuries.
What Are the Most Important Things for a Victim to Do After a Motorcycle Accident?
If you have been involved in a motorcycle accident, you need to act quickly. You might need immediate medical attention. You may also have an opportunity to gather evidence to support an injury claim, but safety should be your first priority at all times.
Get to Safety
Take a look at your surroundings and the accident scene. If you are able to move, get yourself out of harm’s way. Try to help other drivers, passengers, and bystanders get to safety.
Do not remove any of your protective gear. You might feel like you are fine, but adrenaline could be concealing serious injuries. Wait for emergency responders to take a look at you before you take off any of your gear.
Leave your bike behind. It is dangerous to move it immediately after an accident. Also, law enforcement will consider it evidence and need to mark its location for their accident report.
Call 911
The 911 operator will send paramedics if necessary. A police officer will investigate the scene of the accident. You might need the police report when you submit an insurance claim.
Seek Medical Attention
Have a doctor check you out even if you do not think you are injured. Many serious injuries take time to show symptoms. You might need more medical treatment than you realize.
Gather Evidence
If you are able to gather evidence while you are still at the accident scene, do as much as you can:
- Take pictures of the scene, including any property damage.
- Take photos of your injuries if possible.
- Write down the license plate numbers of the motor vehicles involved in the accident.
- Get insurance information from the other drivers at the scene.
- Talk to bystanders. Get their contact information in case you need them as witnesses later on.
- Write down as much as you can remember about the circumstances of the accident, while your memory is still fresh.
Cooperate with police officers on the scene and do not get in the way of their investigation. If you speak to the police, give them basic factual information, but do not admit fault or offer any guesses about what or who might have caused the accident.
Hire an Attorney
You should talk to a motorcycle accident lawyer as soon as possible. Do not speak to anyone from the insurance company before you speak with an attorney. Definitely do not sign anything until you have sought legal advice.
Insurance adjusters know many tricks to limit the amount of money they have to pay you. They might, for example, try to get you to admit fault in the accident. Personal injury lawyers know all of these tricks and how to respond to them.
What Are the Most Common Injuries in a Motorcycle Accident?
Motorcycle accident injuries can range from moderate to severe or fatal. According to the National Highway Transportation Safety Administration (NHTSA), motorcycle accidents were responsible for 5,579 fatalities in 2020. More than one-fourth of the motorcyclists who died in crashes that year were allegedly intoxicated. The NHTSA also reports that less than two-thirds of motorcycle riders wear appropriate helmets.
Some of the most common injuries include the following:
- Fractures, broken bones, and muscle injuries: Motorcycle accidents often result in motorcyclists being thrown from their bikes. Sprains, strains, and fractured or broken bones are some of the more minor injuries that can result from this. These injuries can heal, but it may take time that keeps you from your job and the rest of your life.
- Spinal injuries: Motorcycle riders risk injury to the head, neck, and spine, which could result in paralysis or death.
- Traumatic brain injuries: Head injuries, including concussions and skull fractures, can have serious long-term effects. Traumatic brain injuries can cause cognitive impairments, loss of motor function, and numerous other debilitating symptoms.
- Facial injury and disfigurement: Injuries to the face can require extensive medical treatment and rehabilitation. They may result in permanent disfigurement in severe cases.
- Road rash: Falling off a bicycle can lead to scrapes and bruises. Falling off a motorcycle, especially if it is moving at high speed at the time, can cause much worse skin injuries. Road rash is the result of skidding across the ground after a motorcycle crash. Without proper medical attention, it can lead to ongoing skin irritation, nerve damage, and other complications.
What Is the Statute of Limitations to File a Claim for a Motorcycle Accident in Minnesota?
Minnesota sets a deadline for filing personal injury lawsuits known as the statute of limitations. For motorcycle accidents and other motor vehicle accidents involving the negligence of a driver, you have six years from the date of the accident to file suit. In a case involving one or more fatalities, the motorcyclist’s loved ones have three years from the date of death.
Note that filing a lawsuit is usually reserved for situations in which an accident victim and their attorney have not been able to negotiate a settlement with the at-fault driver’s insurance company. You should allow plenty of time to pursue an insurance claim before the end of the statute of limitations.
What Minnesota Being a No-Fault State Means for Your Motorcycle Accident
Minnesota’s no-fault law allows people who have suffered injuries in car accidents to recover compensation regardless of who was at fault for the accident. The compensation may cover the following:
- Medical bills;
- Lost wages;
- Replacement services, such as the cost of hiring someone to perform essential tasks you cannot do because of your injuries; and
- Funeral expenses.
Car insurance policies are required to include no-fault coverage. All a driver needs to do is make a claim to his/her own insurance company. The law makes an exception, however, for motorcycles. The mandate for no-fault insurance coverage generally only applies to motor vehicles with four or more wheels. It specifically excludes motorcycles.
Motorcyclists face a certain stigma in our legal and medical systems. Riding a motorcycle is perceived as an inherently dangerous and irresponsible activity. State law reflects this stigma in its provisions on no-fault insurance. Motorcyclists must specifically request no-fault coverage from their insurance companies. Purchasing this coverage is a very good idea.
If you need to make a claim for motorcycle accident injuries, you may have to begin with your own insurance provider. You can proceed to submit a claim to the at-fault driver’s insurance or file a lawsuit after that. An experienced Minnesota motorcycle accident lawyer can guide you through the necessary steps of the process.
Do You Need an Attorney After a Motorcycle Accident?
Asserting a personal injury claim after a motorcycle accident in Minnesota can be a confusing and frustrating experience. You might be dealing with severe injuries. Attempting to negotiate a settlement with an insurance adjuster while also dealing with injuries and rehabilitation is too much for anyone. The adjuster will not cut you any slack. They will use every tactic they know to get you to admit to fault in the accident and minimize the amount of compensation they have to pay you. You need someone on your side to fight for you.
An attorney with knowledge of Minnesota’s personal injury laws can advocate for your right to fair compensation so that you can focus on getting better. Your lawyer knows how to negotiate with insurance adjusters. They know how to counter adjusters’ attempts to reduce the amount they must pay. They also know when it is time to stop negotiating and move to the next stage by filing a lawsuit. Your lawyer will handle the litigation process and guide you through the courtroom proceedings if necessary. They will not rest until you have received the compensation you deserve.
Injured in a Motorcycle Crash? Call Us to See How We Can Help You.
The legal advice of a personal injury attorney can help you recover compensation for your motorcycle injuries. Trust your case to an experienced and professional law firm. Trust your case to Kirshbaum Injury Law. Call (952) 545-2700 now or fill out the online contact form to set up a free consultation!
Written By James J. Kirshbaum
Jim is a very experienced trial lawyer having conducted jury trials in multiple states both on behalf of injured people and on behalf of defending insurance companies.
Schedule a Free Consultation with James J. Kirshbaum
What Can I Expect After A Car Crash?
Written on July 7, 2021.
Written by James J. Kirshbaum. Posted in Car Accidents.
Are you wondering what to do after a car crash?
There are a lot of issues to address after an accident:
- What do I do about my damaged car?
- Can I get a rental car to drive until my car is repaired?
- Where should I go for medical help if I have been hurt?
- Who will pay for my medical expenses?
- What if I am unable to work?
- Can I make a claim against the other driver if the crash was not my fault?
Hiring an experienced personal injury attorney after a car crash can help you in more ways than you can imagine. You need someone who can help guide you and to be your advocate through the entire claim process. But what can an attorney do for me that I cannot do myself?
Something that people do not realize is that, although the agent that sold you your insurance policy was looking out for your best interest in getting you the best possible coverage at the best price, everyone else employed by the insurance company that you chose is more interested in the well-being of the insurance company than in yours. Insurance adjusters are not your friends. Their jobs are to literally pay out as little as possible in order to keep the insurance company stockholders happy.
So what will an experienced personal injury attorney do for me?
You have two separate claims following a car crash
Most people do not realize that they have two completely separate claims usually against different insurance companies following a crash. One claim is against your own insurance company (no-fault, also known as personal injury protection or PIP) and one claim against the insurance company for the driver that caused the accident. Some people don’t realize it, but this claim may be against the insurance company for the driver of your car if you were a passenger. This could be the case even in a one car accident.
No-Fault (PIP) claim
Every car owner in Minnesota is required to carry basic PIP protection on their vehicle. You may be covered under the insurance on a car you own, a car a family member owns or possibly the car you were in at the time of the crash. This coverage is often referred to as No-Fault insurance since it makes no difference if you or someone else was at fault in causing the accident in which you are injured. PIP coverage gives you at least $20,000 in medical expense coverage and a separate pool of $20,000 in coverage for wage loss and other economic protection benefits. If you are injured in an accident you need to contact your own insurance company right away to open a no-fault claim and to obtain a claim number to give to medical providers you see for treatment so they get paid.
No-fault insurance coverage can be very complicated. An experienced personal injury attorney will be able to help you navigate your way through your claim to make sure you get all benefits to which you are entitled and have paid premiums for and to make sure your own insurance company does not take advantage of you (pro tip – they ALWAYS try to do so). They do not tell you what benefits you are entitled to; you have to ASK for them.
Third-party (at fault driver) liability claim
If someone else caused your accident you may have a claim against them that an experienced personal injury attorney can help guide you through. If the accident is the fault of the other driver, you can make a claim against his insurance company for disability, pain and suffering and other damages if you cross any one of the following thresholds:
- $4,000.00 in medical expenses.
- 60 days of inability to work or perform substantially all of your normal daily activities.
- A permanent injury or disfigurement verified by your doctor.
Your experienced personal injury attorney will outline a strategy from his experience that will strengthen your case. He will help guide you to medical professionals that are specialists at dealing with YOUR injuries. He will gather all the necessary documents essential to your case and eventually, if a threshold is crossed, he will approach the insurance company on your behalf.
Communication
As a party involved in the accident, make sure that you don’t talk to anyone about the case. Anything you say can turn into a piece of evidence against you without you realizing it. Attorneys are meticulous about communicating the right message and avoiding any statement that can potentially bring you harm. Once you hire an attorney, they become your representative and your voice. Ensure all the contact with the opposing party’s insurance company is through your attorney.
Investigation
Sometimes, a car crash case may require reconstruction at the accident site by an independent expert to see who is responsible. An experienced attorney has the experience, networking, and resources to get the best people to work and ensure that your compensation is fair and transparent.
Talking to Witnesses
Your experienced personal injury attorney will do all the talking and ask each of the witnesses what they saw. Attorneys speak to as many people as possible involved in the case, including your friends and family members who can help piece together the story of how your injuries have affected your life.
Assessment
Your final compensation depends on the type of accident, the injuries involved, and the damages that result from it. Insurance companies can fight back when it comes to paying for everything you are entitled to. You may get a dispute from them about the claim related to the damages, pain and suffering and medical expenses. While it can be confusing for you, attorneys know and understand the right approach to handle such disputes. It requires precise and detailed case submission and evaluation of the documents and other evidence. An experience personal injury attorney will do everything to fight back.
Negotiation
In most cases, a pre-trial negotiation is an effective and easy way to resolve a car accident case. Although this can save you from a lot of legal involvement, many people simply don’t know how to negotiate a settlement in their best interest. It can easily lead to under-compensation due to undervaluation. With an experienced attorney working for your interest, you can rule out the possibility of getting tricked in a negotiation.
Defense
Some car accident cases can end in a trial. If out of the court negotiations don’t work, you need an experienced attorney to represent your case in a courtroom to the jury or judge. You can bet that the insurance companies will hire the best attorneys to fight against your interest. You would also benefit from hiring the best trial attorney you are able to.
Get help from a car accident attorney at Kirshbaum Injury Law today.
Are you looking for the best attorney in your area? Count the Kirshbaum Injury Law Law Firm, to be by your side. With decades of experience, our professional attorneys have helped hundreds of people involved in a car accident in Minnesota. The person who caused your accident and subsequent injuries must be held accountable for their actions, and our experienced personal injury attorneys knows how to make that happen.
It may be the first time you’ve had to deal with a car accident. However, our attorneys do it every day. We know the little tricks that insurance companies try to use. We know how to get the evidence that can support case, and we know the laws in Minnesota that will work for you.
Another significant advantage of having us represent you is that you will not have to deal with any more stress while recovering after your accident. A lawyer will take care of everything so that you can focus on more important things, such as recovering your health.
Are you in the Twin Cities, Maple Grove area or greater Minnesota? Are you curious about what else an accident attorney at our law firm can do for you? Call us for a free consultation reach us through our contact page today.
Written By James J. Kirshbaum
Jim is a very experienced trial lawyer having conducted jury trials in multiple states both on behalf of injured people and on behalf of defending insurance companies.
Schedule a Free Consultation with James J. Kirshbaum
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