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Negligence in Motorcycle Accident Claims

by Jun 7, 2022Car Accidents, Mike Miller, Personal Injury

Sadly, motorcycle accidents that cause serious injuries or death are relatively common because many drivers do not understand how to share the road with motorcycles. Sometimes drivers do not look for motorcycles before changing lanes or running a stop sign. Motorcycle riders are also commonly rear-ended by larger vehicles, which can cause devastating injuries to the motorcyclist. We also see head-on collisions when people are not paying attention. 

Determining negligence in a motorcycle accident may seem complicated because of the perceived risks of driving a motorcycle. However, if a responsible rider is injured because of another driver, we can prove negligence in the same way as in any other automobile accident. 

Here’s how a motorcycle accident personal injury attorney handles a motorcycle accident case and establishes the other driver’s negligence.

What to Do After A Motorcycle Accident

After you have sought medical assistance for your injuries, you should immediately retain a Minnesota motorcycle accident attorney to ensure that you do not mistakenly claim responsibility for the accident in any way and to make sure your rights are protected. If your loved one was killed in a motorcycle crash, hiring a motorcycle accident attorney will be important to make sure the pertinent evidence is collected or preserved immediately.  Depending on the police report and eyewitness accounts, the other party and their insurance company may or may not admit negligence in your accident. 

If it is clear that the other party was negligent, such as in a situation where they were driving drunk, that driver’s insurance company will likely be immediately willing to offer a settlement to you in an attempt to resolve the issue. However, these settlements are routinely much smaller than what the law actually dictates you may be entitled to after your accident. This is why we are always reminding victims of motorcycle accidents and their families to speak with an attorney before they have any communication with the other party’s insurance company.

How to Establish the Other Driver’s Negligence

It’s sad that a few reckless motorcycle drivers give all bikers a bad reputation. An unfair perception of motorcycles leads many people to blame the drivers of these vehicles even when they aren’t at fault. Actually, it’s often the other driver’s negligence in driving that is the cause of many accidents between cars and motorcycles. 

It’s important to note that negligence does not need to be intentional; a driver can inadvertently break the law and cause an accident, and they are still held responsible for the injuries the other driver sustains. Every driver must be aware of the traffic laws in their area, especially when it comes time to yield to another vehicle. Failure to yield to motorcycles is one of the largest factors that contribute to serious crashes involving bikers. 

Motorcycle Accident Compensation

The purpose of proving negligence in a motorcycle accident is to obtain compensation for the motorcyclist’s injuries and other expenses or to compensate the victim’s family if they don’t survive the crash. Surviving motorcycle accident victims often sustain serious injuries in their accident, which means they will have large medical bills, lost wages, and other expenses while they recover. Families of those lost in these accidents often have significant medical expenses to deal with, funeral expenses, and the loss of support of a loved one.

A Minnesota motorcycle accident personal injury attorney’s goal is to show that their client was not at fault for the accident that caused their injuries, and it’s a responsibility we take seriously at Sieben Edmunds Miller. Our personal injury attorneys put in the work to speak to witnesses, view video evidence, and review police reports to prove the other party’s negligence.

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