Regardless of whether you’re a new rider or a long-time motorcycle enthusiast, you’ve probably heard at least a few myths about safe riding practices. Because the sport is so popular, misconceptions can spread rapidly.
All motorcyclists should make an effort to separate fact from fiction because believing any such myths could increase your risk of getting into an accident. And if you do end up in a wreck, it’s important that you know what to do to protect your legal rights; otherwise, you could end up jeopardizing your chances of recovering compensation for medical bills and other damages.
Let’s explore some of the most common myths about motorcycle accident claims:
- I Cannot File a Claim If I Wasn’t Wearing a Helmet
Not wearing a helmet doesn’t bar riders from filing a personal injury claim in the event of a wreck; however, it may prevent them from recovering compensation for 100 percent of their damages.
Minnesota follows a modified comparative fault rule, which means a plaintiff’s total payout is reduced by his or her own percentage of fault. So if you suffered a head would and you’re found 40 percent liable for your injury because you failed to wear a helmet, you’ll only be able to recover up to 60 percent of your damages award.
- I Don’t Need to File a Claim If I Have Adequate Health Insurance
The injuries that result from motorcycle accidents are often catastrophic. Your health insurance limits may be too low to cover your medical costs. And even if you do have enough coverage, hospital bills aren’t the only expense you’ll likely incur.
For example, you might miss a considerable amount of work following the crash, which can translate into thousands of dollars in lost income. There are also non-economic losses to consider such as pain and suffering, mental anguish, humiliation, and loss of enjoyment in life.
- I Cannot Sue the At-Fault Driver Due to Minnesota’s No-Fault Insurance Laws
While it’s true that Minnesota follows a no-fault system in regard to car accident claims, this doesn’t apply to motorcyclists. As a rider, you’re not required to purchase personal injury protection (PIP) coverage, which means you can bring a claim against the at-fault party regardless of whether you meet the “serious injury” threshold.
Though not required, PIP is a smart investment for all riders. If you end up in a hit-and-run accident or a collision with an uninsured driver, PIP benefits could cover your medical bills, rehabilitative expenses, and lost wages.
Call 800-770-7008 to Speak with a Motorcycle Accident Attorney in Minneapolis
If you were hurt in a motorcycle accident through no fault of your own, you may be entitled to compensation for all resulting damages. To discuss your case and determine the most strategic way to proceed, contact Bradshaw & Bryant.
We understand the physical, emotional, and financial toll that a serious wreck can place on both you and your loved ones. Call 800-770-7008 or use our Online Contact Form to set up a free consultation with a motorcycle accident lawyer in Minneapolis.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.