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Motorcycle Accidents

We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

Minneapolis Motorcycle Accident Lawyer

Motorcyclists can sustain severe, life-threatening injuries in a collision. Between the medical costs and the recovery time, it can be months before they’re healed. It’s likely the crash occurred because of negligence and could have been prevented. When a negligent party is responsible, the motorcyclist may have grounds for a claim. If this has happened to you or a love done, a Minneapolis motorcycle accident lawyer from Madia Law LLC can help you get the justice you deserve.

Madia Law can help you or your loved one get the compensation necessary for a full recovery. We will do everything we can to hold the other party accountable for their actions. Our lawyers will fight for your future with a thorough accident investigation, application of the state laws, and a passion for getting justice for those who have been hurt.
 

Causes of Motorcycle Crashes

Unfortunately, these types of accidents affect many Minnesota residents each year. In 2019, Minnesota had 44 fatalities from motorcycle accidents in 2019. 840 motorcyclists were injured.

There were 412,104 licensed operators and 216,773 registered motorcycles in Minnesota. With so many bikers on the road, drivers need to be aware of how to share the road safely. However, dangerous driving behaviors can lead to serious injuries and fatalities. When our lawyers are seeking justice for you, we’ll first look at what caused the crash.

  • Inexperience with Motorcyclists. If a driver isn’t used to motorcyclists, they may not know how to maneuver their car around them. When a driver is passing, they need to make sure the rider has plenty of room and warning. A driver that passes to closely could hit the rider and knock them off balance. Additionally, drivers may not see motorcyclists in intersections because they are much smaller than other cars. The driver could turn and not notice an oncoming rider until it’s too late.
  • Reckless Driving. Negligent driving behaviors like speeding, following too closely, and distracted driving can all cause serious accidents and injuries. The driver doesn’t have enough time to stop or avoid the motorcyclist in front of them.
  • Road Rage. Some drivers may not be used to having motorcyclists on the road and may become angry if they are cut off or otherwise affected by a motorcyclist on the road. If a driver is angry and they allow this to inform how they’re driving, they may try to get back at the motorcyclist by bumping their back tire or cutting them off. Both of these instances are extremely dangerous and can cause the rider to lose their balance and fall from the bike.
  • Dooring. Sometimes, when someone is exiting their vehicle, they may not notice a biker. When they open their door, they can hit the biker and cause them to fall.
  • Defective Motorcycle Parts. If a motorcycle has defective parts, they could malfunction while the rider is using it. They could experience a tire blow out, braking issues, or steering issues.
  • Poor Weather Conditions. Sleet, snow, and ice are common dangers for the road. They make the road slick and it’s difficult to see. Rain and fog can also obstruct a rider’s vision.
  • Poor Road Conditions. In addition to the weather affecting the state of the road, other flaws or issues with the road can possibly cause a biker to lose their balance and fall. For example, large cracks or potholes can create hazards for riders. If they don’t see the pothole in time, they may get caught and fall. Other road conditions include debris. The motorcyclist may not see it in time and have to ride over it, or they could try to avoid it and they may have to swerve. Both of these instances could cause an accident.

There are several pieces of evidence your Minneapolis motorcycle accident lawyer will refer to so we can find the cause of your accident. The police report, your account, eyewitness accounts will help us in our investigation. We’ll also see if any cameras caught the collision.

When we’ve found the cause, then we’ll look into how you were harmed. Motorcycle injuries can be debilitating, which is why it’s essential to have an experienced lawyer fighting for you.

Motorcyclists face a different level of risk when they’re involved in an accident. They don’t have the protection that a car provides. The most that riders can do to protect themselves is to wear a helmet, thick protective clothing, appropriate shoes, and gloves. However, this doesn’t always prevent injuries.

When a collision occurs, it’s likely that the rider will fall from their bike. They have the impact of the initial accident and they will also have the impact of hitting the ground, which can result in serious injuries. If the accident happened at a high speed, the impact can be deadly.

Injuries to the brain, spine, and bones are all possible outcomes in a motorcycle crash. In some cases, the rider could try to brace their fall by holding out an arm or leg to catch themselves. Unfortunately, this can put the full force of the impact on that limb. This can result in serious breaks, sprains, and strains.

These traumatic injuries can have permanent consequences. Permanent loss of brain function or losing function in the legs are both catastrophic injuries that can happen in a motorcycle accident. These injuries will need extensive care with continued treatment.

In addition to catastrophic injuries, there are other serious injuries that motorcyclists may suffer from in an accident. Let’s take a look at what road rash is and how it can affect a rider.

Road Rash
Motorcyclists may also suffer from injuries known as road rash. When there is friction between the skin and the ground, it can damage the skin and cause road rash—a type of burn. There are different levels of severity that this kind of injury can be.

If it’s a minor injury, the skin may only be scraped. The top of the skin could blister or appear red. These may be able to heal at home.

A step above this injury is if the skin breaks. Once the skin is broken, there’s an increased risk of the injury becoming infected. If there’s fluid draining from the wound, swelling, or you have a fever, then the injury could be infected. There’s also the chance that pieces of dirt, gravel, or other debris could get into the open wound and will need to be removed.

In more severe road rash injuries, the scrape can reach below layers of skin to the point where fat and muscle are exposed. If this is the case, the person will likely need immediate treatment. Surgery involving skin grafts could be necessary. If the nerve damage is too severe, the damaged limb could be amputated.

As you’re dealing with the outcome of these injuries, you will likely have a lot on your mind. You’re thinking about how long it will take for your injuries to heal, what you’re going to need to go through for treatment, and how you’re going to afford the cost of care. That’s where we come in.

A Minneapolis motorcycle accident lawyer from our firm will carefully evaluate the costs of your injuries. We’ll look at medical records to see the types of injuries you sustained as well as what it will take for these injuries to recover. We’ll make sure to understand the full extent of your injuries.

Our law firm helps clients who have been injured in motorcycle collisions get the recovery they need. If you were injured in an accident and are wondering if this is an option for you, our attorneys can help. When we’re assessing how you were hurt and why, we’ll also make sure that certain elements are present in what happened to you. When we’re building your claim, we’ll need to show these elements so you have the best chance of receiving the compensation you deserve.

The first item we’ll need to establish is that you were owed a duty of care by the other party. When you’re on the road, you’re supposed to drive safely so no harm comes to other drivers. They owe you that duty of care as well.

Then, we’ll show the other party failed to meet that duty of care. Their negligent action, whether it was following too closely, not checking the lane before making a turn, or speeding, is what causes them to fail to meet the duty of care.

We’ll also prove that their negligence is what caused the accident, and that you suffered injuries and losses in the accident.

You deserve compensation for the costs of the injuries and losses you sustained. These occurred because someone else failed to act responsibly, and their action directly harmed you. We’ll look into the damages of the accident so we can fight for you to recover the compensation you deserve.

When you’re dealing with the injuries of a motorcycle accident, you can rely on your Minneapolis motorcycle accident lawyer to fight for you. We’ll assess the full extent of your injuries and damages. With experienced representation on your side, you can have peace of mind that we’ll act in your best interests.

We’ll examine each aspect of your case to see how you’ve been affected. One of the major losses we’ll seek to cover is the cost of your medical expenses. This includes past medical bills and future expenses from therapy, surgery, rehabilitation, and more. If you need medical equipment, medication, or other forms of treatment for your injury, we’ll seek to include it in your compensation.

As you’re healing, you may also not be able to work. Your lawyer will calculate the days of lost wages. If your injury will prevent you from returning to your previous job, we’ll look into the lost earning capacity. While it can be difficult to know that you won’t be able to return to the job you held, know that your attorney is seeking justice for you.

In the accident, your motorcycle could have sustained serious damage. Your lawyer will fight for you to recover losses for property damage.

The remaining components of your compensation include the hidden damages of the accident. Each day when you live with your injuries, you may experience pain and suffering. The cost of living with your injuries and the pain you have to go through is a loss that your lawyer will consider when calculating your compensation.

Your injury may be preventing you from riding or doing other hobbies that you used to enjoy. In some cases, you may have trouble with certain tasks like cooking or getting dressed. This can take an emotional toll—and can be referred to as loss of enjoyment of life. Your attorney will carefully examine your noneconomic damages.

The lawyers at Madia Law LLC are dedicated to providing help to those who have been wrongfully injured. We understand that motorcyclists may have trouble with their claim because of bias from the insurance company.

They may think that because you were on a motorcycle, then you could have acted in a way that led to the accident. This can cause issues with receiving the compensation that you deserve. In other cases, they may not think that your injuries are as severe as you claim—and want to offer less compensation because of that. They may not calculate that your injuries may continue to cost you in the future.

We won’t let stereotypes decide your future. When we’re representing you, we’ll look over all the facts and resulting damages so you can recover from the injuries and losses you’ve suffered.

Get the Representation You Deserve Today

When someone’s negligent actions have caused you to suffer injuries and damages, you deserve to have experienced and dependable representation. Our lawyers stand up for responsible motorcyclists who have been harmed because of a reckless driver. We’ll protect your rights and fight for you to secure your financial future.

You deserve to get the recovery you need without worrying about how you’re going to pay for hospital bills, future expenses, and keep food on the table. Your motorcycle accident attorney from Madia Law LLC will diligently fight for your compensation to cover your losses so you can put your full attention into healing.

Give our office a call today and we can start helping you move past the accident and toward recovery.

THE MADIA LAW WAY

We have a process that works in getting exceptional results for our clients. 

We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely.  We interview witnesses that can help us prove the case.  We’ll ask you for all relevant documents in your possession and review those carefully as well.  We also will spend some time conducting legal research about unique issues in the case.  We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial. 

Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward.  Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.

If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit.  Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required.  We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points.  Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims.  A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations.  Of course, by that time, the price for settlement has gone up.

Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions.  Not us.  Written discovery is a gift and an opportunity.  We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case.  Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections.  We view this as a wonderful opportunity.  In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on.  We also use Requests for Admission – which many lawyers don’t.  The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts.  We send them RFAs that are very difficult for them to deny.  Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true.  And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA.  That’s a great situation that leads to more chaos and confusion on the defense side.

One last point on written discovery – we send multiple waves of it throughout discovery.  We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery.  This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses.  This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.

This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible.  So the witness has to either lie to support the defense, or admit it’s not true.  That’s a dilemma that works for our clients either way, no matter which option the witness takes.  We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is.  We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.

The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases.  We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery.  We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.

Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.

After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.

This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries.  We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials.  At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct.  As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.

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