Motorcycle Accident Lawyer Rochester, MN
Following a motorcycle accident you may feel confused about what you should do next. The insurance company might be insisting that you accept a settlement, but you may feel unsure about whether or not this will be a good idea. If you’re in this situation, please know that you have the right to ask a motorcycle accident lawyer Rochester, Minnesota respects to help you.
For years, JOHNSTON | MARTINEAU PLLP, has been helping victims and their loved ones recover maximum compensation. By reaching out to a motorcycle accident lawyer Rochester, MN trusts, you can ensure you recover everything you deserve and nothing less.
How a Motorcycle Accident Lawyer Can Help You to Recover Damages
In the days following your motorcycle accident, you might feel unsure about what you should do next. Calling Johnston | Martineau PLLP should be called. As leading Rochester, MN motorcycle accident lawyers, our firm can listen to what happened and help you to understand your options. When you call us, and if you have a case, please know that we may:
Handle the Paperwork – Filing a legal claim after a motorcycle accident is complex and involves a lot of paperwork. The right lawyer, such as Johnston | Martineau PLLP, can take care of all necessary forms so you can focus on your recovery.
Secure Evidence – In order to prove liability on the part of another person, you will need to gather proof, or evidence, in relation to the accident. We will do our best to determine who or what caused the accident. Examples of liable parties include the driver of another vehicle, a company, or a municipality.
Negotiations – You deserve maximum damages. One of the most effective ways to secure these is through skillful negotiations with the insurance company. In general, you will need a motorcycle accident lawyer in Rochester, MN to guide you through this process.
Not only will Johnston | Martineau PLLP, help you to recover every penny you need and deserve, but we will also stand by your side, supporting you each step of the way. We recommend that you avoid handling your case on your own. Call Johnston | Martineau PLLP, for a case review and consultation.
Proving Fault in a Motorcycle Accident Case
Before you file a claim you will need to make sure it is within the statute of limitations. Typically this is two years from the date of injury, or discovery. Once you have determined you meet the statute, it will be up to you, or your lawyer, to prove various elements of the claim.
Generally you must prove at least four basic elements of negligence beyond a preponderance of evidence. What these legal terms mean that there is at least 50% likelihood that what you are asserting is true. Although different from beyond a reasonable doubt, and easier to prove, there are a number of defenses and tactics that a defendant (i.e. the insurance company) could use against you. This is another reason why it is so important to have robust legal representation.
Four Basic Elements of Negligence
Duty – For a claim to exist, there must have been a duty owed to you by the defendant. For example, the defendant, or negligent party, had a duty of care to adhere to the rules of the road.
Breach – The duty must have been breached. A breach can be characterized by recklessness, carelessness, malicious intent, and so forth. Examples include, aggressive driving, speeding, driving while intoxicated, distracted driving, failure to stop at a red light, failure to signal, road rage, and more.
Causation – Once the above can be proven, causation must be demonstrated. You will be required to show the defendant’s actions, or lack of, caused the accident.
Damages – You must show that you suffered injuries, and damages, that were a direct result of the breach of duty. Damages can include physical injuries, damages to your motorcycle or personal property, lost wages, pain, suffering, and more.
What to Do When You’re Offered a Settlement
If you have the misfortune to suffer personal injury in an accident, there’s a good chance you will be offered a settlement before you make it to court. Given the stress that such incidents can create, there’s also a good chance you’ll be tempted to take whatever is offered and move on. But do so without consulting a motorcycle accident lawyer in Rochester, MN, and you may come out with far less than you deserve.
What Is a Settlement?
Simply put, a settlement is an agreement two parties make to resolve a conflict. The idea is to save both parties in a dispute the time, expense, and general hassle involved with going to court. The compensation received in a settlement is known as damages. There are generally two types of damages:
- General damages payout for general harm that occurs in a personal injury case, including pain and suffering or mental stress.
- Wrongful death damages are intended for surviving family of a deceased victim, and are meant to compensate for things like burial expenses and emotional distress.
Ideally, a settlement is fair and benefits both parties. But legal affairs are rarely ideal and that’s why consulting a motorcycle accident lawyer Rochester, MN families can count on for advice is key to getting the settlement you deserve.
Protect Your Interests
When you hire a motorcycle accident lawyer Rochester, MN has to offer, you do so in hopes that they will get you the best deal. Conversely, the at-fault party is doing the same thing. Their attorneys are certain to try to get their client out of a court case by paying the least amount in a settlement. This means that an initial settlement offer is often far lower than what you are truly owed. It is possible for the insurance company and their lawyers to attempt to negotiate the minimum amount to cover immediate expenses. If this should happen you may find yourself having to cover unexpected bills that arise down the road.
Can I Reject a Settlement?
Despite any pressure the defending side may be placing on you, you are absolutely able to reject their settlement offer. Good reasons to do so include finding that you and the at fault party are too far apart in what you think you are owed, or you can’t agree on who was at fault for the accident. Negotiations may continue or it may be best to have your day in court. With the right motorcycle accident lawyer Rochester, MN provides, he or she can help you decide which is the best choice.
Defense attorneys will aggressively protect their client’s interests. Make sure you have someone protecting yours. Call a seasoned motorcycle accident lawyer Rochester, MN community members trust to make sure you get your fair share.
Motorcycle Safety Tips
As fun and exciting as riding a motorcycle is, they can also be very dangerous. In fact, according to statistics from the National Motorcycle Institute, operating a motorcycle is more than 25 times more dangerous than driving a vehicle. This is because unlike other vehicles, riders on a motorcycle are completely exposed, with nothing to protect them from the environment surrounding them.
There are some steps motorcyclists can take to minimize their risk of accident injuries. The following is a brief overview. If you or a loved one has been injured in a motorcycle crash, contact Johnston | Martineau PLLP to speak with a motorcycle accident lawyer in Rochester MN to find out how we can help.
The majority of states in the U.S. have helmet laws that require riders to wear a helmet. But even if you are in a state that doesn’t require helmets, you should wear one anyway. According to studies, helmets are almost 40 percent effective in preventing fatalities and almost 70 percent effective in preventing brain injuries. Rider should also invest in other safety gear, including jackets, gloves, chaps, and boots.
Anyone who is going to drive a motorcycle should take a motorcycle safety course. Not only will you learn the correct way to handle these machines, but taking the course may also make you eligible for a discount on your motorcycle liability insurance.
Obey the Rules of the Road
It’s just as important – maybe even more so – to obey traffic laws. Make sure to stay at the posted speed limit, leave plenty of space between your bike and the vehicle in front of you, and always use your turn signals. Heed all traffic lights and traffic signs. Always keep in mind that it can be difficult for other drivers to see motorcycles so don’t assume the vehicle next to you knows you are there.
Just as you should never get behind the wheel of a car if you have been drinking, you should never operate a motorcycle if you have been drinking or under the influence of any other substance. Alcohol alters a person’s perception, which can be extremely dangerous when driving a motorcycle. In fact, statistics show that a motorcyclist who has been drinking is three times more at risk of being in a fatal alcohol-related crash than a vehicle driver.
Contact a Rochester MN Motorcycle Accident Lawyer Today
Have you been injured in a motorcycle crash? Minnesota injury law allows victims to pursue financial compensation for the losses they have suffered due to the actions of a negligent or reckless driver. Our Rochester MN motorcycle accident lawyers understand the overwhelming stress a crash and the resulting injuries can have on families and work diligently to obtain financial compensation because of the harm victims suffered by the at-fault party.
The legal team at Johnston | Martineau PLLP has successfully represented many victims and their families who suffered serious injuries in motorcycle and other types of crashes. Call our office to schedule a free case evaluation with a motorcycle accident lawyer Rochester MC clients recommend and to find out how we can help.