Motorcycle riders face unique risks and legal challenges. We fight the bias
against riders and pursue maximum compensation for your injuries.
Motorcycle riders are among the most vulnerable users of Minnesota’s roads. Despite representing a small fraction of total vehicles, motorcyclists account for a disproportionate share of serious injury and fatal crashes. When a car or truck driver fails to see a motorcycle, runs a red light, makes an unsafe lane change or otherwise acts negligently, the consequences for the rider are often catastrophic.
At Birkholz Law, we represent injured motorcyclists in Southern Minnesota who are dealing with the physical, emotional and financial aftermath of crashes caused by other drivers’ negligence. We understand the unique challenges motorcycle riders face, both on the road and in the legal system.
Unlike car accidents, motorcycle crashes are not covered by Minnesota’s no-fault insurance system. This means that injured motorcyclists must pursue claims directly against the at-fault driver’s liability insurance.
Minnesota’s no-fault auto insurance system does not apply to motorcycles. Under Minn. Stat. § 65B.47, motorcycles are excluded from the no-fault system, which means that injured riders do not receive PIP benefits from their own insurance and must pursue claims directly against the at-fault driver.
This has important implications: riders do not need to meet the $4,000 medical expense threshold to sue, but they also lack the immediate PIP safety net that car occupants have. Motorcycle-specific insurance policies may include medical payments coverage that can help bridge this gap.
One of the biggest challenges in motorcycle injury cases is the bias that many jurors, insurance adjusters, and even judges hold against motorcycle riders. There is a persistent misconception that motorcyclists are inherently reckless or that they ‘assumed the risk’ by choosing to ride.
This bias can lead to unfair claim denials, lowball settlement offers and unfavorable jury verdicts. Our attorneys understand this challenge and prepare every case to counter anti-rider bias with facts, evidence and compelling presentation of the rider’s story.
The lack of structural protection on a motorcycle means that crashes frequently result in severe injuries including traumatic brain injuries (even with helmet use), spinal cord injuries, road rash and skin grafts, multiple fractures, internal organ damage and amputations.
These injuries often require extensive medical treatment, multiple surgeries and long-term rehabilitation. Our attorneys work with medical experts to document the full extent of injuries and project future treatment needs.
Minnesota requires helmets only for riders under 18 and for those riding with instructional permits (Minn. Stat. § 169.974). Adult riders are not required to wear helmets, though doing so is strongly recommended. A critical question in motorcycle injury cases is whether the absence of a helmet can be used to reduce the rider’s compensation.
Under Minnesota’s comparative fault system, the defense may argue that failure to wear a helmet contributed to the severity of head injuries. However, this argument is not always successful — the defense must prove that a helmet would have prevented or reduced the specific injuries suffered. Our attorneys work with biomechanical and medical experts to counter these arguments and protect our clients’ right to full compensation.
Minnesota also requires motorcyclists to wear eye protection unless the motorcycle is equipped with a windscreen (Minn. Stat. § 169.974, subd. 4). Riders must also have a valid motorcycle endorsement on their driver’s license. While the absence of an endorsement does not bar a personal injury claim, it can be used by the defense to suggest the rider was inexperienced or reckless.
Because motorcycles are excluded from Minnesota’s no-fault system, injured riders must rely on the at-fault driver’s liability insurance, their own medical payments coverage (MedPay), and their own uninsured/underinsured motorist (UM/UIM) coverage. MedPay coverage on a motorcycle policy pays medical expenses regardless of fault and is an important first line of coverage.
Damages in motorcycle crash cases often include substantial medical expenses (emergency care, surgeries, rehabilitation, prosthetics), lost wages and earning capacity, pain and suffering, permanent scarring and disfigurement, emotional distress and loss of enjoyment of life. In cases involving particularly egregious conduct — such as drunk driving or texting while driving — punitive damages may be available under Minn. Stat. § 549.20.
Our attorneys thoroughly investigate every motorcycle crash case, working with accident reconstruction experts, medical professionals, and economists to build comprehensive claims that account for every element of our clients’ damages. We negotiate aggressively with insurance companies and are fully prepared to take cases to trial when fair settlements cannot be reached.
A Mankato man is riding his motorcycle east on Highway 14 on a clear Saturday afternoon. He is traveling at the posted speed limit with his headlight on and wearing a leather jacket. A driver waiting to turn left across traffic at an intersection pulls out directly in front of him. The rider has less than a second to react. He lays the bike down and slides into the side of the car. He suffers a shattered femur, three broken ribs, a torn rotator cuff and severe road rash across his left side. The car driver tells the responding officer that she simply did not see the motorcycle.
What this rider does not know is that the insurance company will immediately begin building a case to minimize his claim. An adjuster will contact him within days, often while he is still on pain medication in the hospital, and ask for a recorded statement. The adjuster will ask leading questions designed to establish that the rider was speeding, not paying attention or riding aggressively. The adjuster will also request a blanket medical authorization that would give the insurance company access to the rider’s entire medical history, looking for pre-existing conditions they can use to argue that his injuries are not entirely from the crash.
An experienced motorcycle crash attorney would advise this rider to decline the recorded statement and the blanket medical authorization. The attorney would immediately send a preservation letter to the car driver’s insurance company, demanding that all evidence be preserved including the car’s event data recorder (black box). The attorney would retain an accident reconstruction expert to analyze the crash, document the rider’s speed and the driver’s failure to yield. The attorney would also work with the rider’s medical team to document every injury, every surgery and every therapy session to build a comprehensive damages claim.
The financial impact of a serious motorcycle crash is staggering. A single femur fracture requiring surgical repair with an intramedullary rod costs between $35,000 and $75,000 for the initial surgery alone. Add in emergency room care, ambulance transport, hospital stay, follow-up surgeries, physical therapy and prescription medications, and the total medical costs for a single broken leg can exceed $150,000. For riders who suffer multiple fractures, traumatic brain injuries or spinal cord injuries, lifetime medical costs can reach into the millions.
Lost income compounds the financial devastation. A rider with a physically demanding job who suffers a serious leg or back injury may be unable to work for months or even permanently. Even riders with desk jobs face weeks or months of recovery. During this time, bills continue to arrive. Mortgage payments, car payments, utilities and groceries do not stop because you are injured. Many families burn through their savings within weeks of a serious crash.
The physical toll extends far beyond the initial injuries. Road rash, which sounds minor but can involve the loss of multiple layers of skin over large areas of the body, often requires painful debridement procedures and skin grafts. Scarring and disfigurement from road rash and surgical repairs can be permanent. Many crash survivors develop chronic pain conditions that persist for years. The psychological impact is equally significant. Post-traumatic stress disorder, anxiety about riding or even being a passenger in a vehicle, depression and sleep disturbances are common among crash survivors.
The impact on family members is often overlooked. Spouses become caregivers. Children see a parent who was once active and independent now struggling with basic daily tasks. Relationships are strained by financial pressure, role changes and the emotional weight of a long recovery. Our attorneys account for all of these damages when building a motorcycle crash claim, not just the medical bills.
“Motorcyclists assume the risk when they choose to ride.” This is perhaps the most damaging misconception in motorcycle injury cases. Choosing to ride a motorcycle is a legal activity. Riders do not waive their right to compensation when another driver’s negligence causes a crash. The assumption of risk doctrine in Minnesota applies only to risks inherent in the activity itself, not to risks created by another person’s negligence. A left-turning driver who fails to yield to a motorcycle is negligent, period.
“If you weren’t wearing a helmet, you can’t recover anything.” Minnesota law does not require adult riders to wear helmets, and the absence of a helmet does not bar a personal injury claim. The defense may argue that a helmet would have reduced head injuries, but they bear the burden of proving this with expert testimony. In many cases, the rider’s injuries are to the body rather than the head, making the helmet argument irrelevant. Even when head injuries are involved, our attorneys work with biomechanical experts to challenge the defense’s helmet arguments.
“Motorcycle crashes are always the rider’s fault.” Statistics consistently show that the majority of multi-vehicle motorcycle crashes are caused by the other driver, not the rider. The most common cause is a driver turning left in front of an oncoming motorcycle. Drivers fail to see motorcycles because they are not looking for them. This is negligence on the part of the driver, not the rider.
“The insurance company will treat you fairly.” Insurance companies are businesses that maximize profit by minimizing claim payouts. In motorcycle cases, they exploit anti-rider bias to justify lowball offers. They will use your social media posts, your riding history and even the type of motorcycle you ride to argue that you are a risk-taker who does not deserve full compensation. An experienced attorney levels the playing field.
“You should wait to see if your injuries heal before hiring a lawyer.” Waiting is one of the worst mistakes a motorcycle crash victim can make. Critical evidence disappears quickly. Witnesses forget details. The at-fault driver’s vehicle may be repaired or scrapped, destroying evidence. The insurance company uses the delay to build their defense. Contact an attorney as soon as possible after a crash.
As an injured motorcyclist in Minnesota, you have the right to pursue a claim against any driver whose negligence caused or contributed to your crash. Under Minn. Stat. § 604.01, Minnesota’s comparative fault statute, you can recover damages even if you were partially at fault, as long as your fault does not exceed 50%. Your recovery will be reduced by your percentage of fault, but you are not barred from recovery unless you are more than 50% at fault.
You have the right to decline a recorded statement to the at-fault driver’s insurance company. You are not legally required to give a statement, and anything you say can and will be used to reduce your claim. You also have the right to decline a blanket medical authorization. You can provide medical records related to your crash injuries without giving the insurance company access to your entire medical history.
You have the right to choose your own medical providers and to receive treatment that is medically necessary. The insurance company does not have the right to direct your medical care or to require you to see their chosen doctors (though they may request an independent medical examination during litigation). You have the right to be compensated for all reasonable and necessary medical treatment related to your crash injuries.
Under Minn. Stat. § 541.05, you have six years from the date of the crash to file a personal injury lawsuit. However, if your claim involves a government entity (for example, a road defect maintained by a county or city), you must provide notice within 180 days under Minn. Stat. § 466.05. These deadlines are strict, and missing them can permanently bar your claim.
Every motorcycle crash case begins with a thorough investigation. Our attorneys visit the crash scene, photograph road conditions, measure sight lines and identify any contributing factors such as road defects, obscured signage or poor intersection design. We obtain the police report, witness statements and any available surveillance or dashcam footage. We send preservation letters to ensure that the at-fault driver’s vehicle and its event data recorder are not destroyed.
Accident reconstruction is a critical component of many motorcycle cases. We work with qualified experts who use physics, engineering and computer modeling to reconstruct the crash. They can determine vehicle speeds, reaction times, points of impact and the sequence of events. This scientific evidence is powerful in countering the “I didn’t see the motorcycle” defense and in establishing exactly how the crash occurred.
Medical documentation is equally important. We work closely with our clients’ medical providers to ensure that every injury is thoroughly documented, that the connection between the crash and the injuries is clearly established, and that future treatment needs are projected. For serious injuries, we retain life care planning experts who calculate the lifetime cost of medical care, assistive devices, home modifications and other needs.
We prepare every case as if it is going to trial. This means thorough discovery, aggressive depositions of the at-fault driver and their witnesses, retention of qualified experts and development of compelling trial presentations. Insurance companies know which attorneys are willing to try cases and which are not. Our willingness to go to trial gives us leverage in settlement negotiations and results in better outcomes for our clients.
Yes. Minnesota does not require adult riders to wear helmets, and the absence of a helmet does not bar your claim. However, the defense may argue that your injuries would have been less severe with a helmet. An experienced attorney can counter this argument effectively.
This is the most common excuse in motorcycle accidents, and it is not a valid defense. Drivers have a legal obligation to watch for all vehicles on the road, including motorcycles. Failure to see a motorcycle is evidence of negligence, not an excuse for it.
The statute of limitations for personal injury claims in Minnesota is six years from the date of the accident (Minn. Stat. § 541.05). However, we strongly recommend contacting an attorney as soon as possible to preserve evidence and protect your rights.
Minnesota’s comparative fault law allows you to recover damages even if you were partially at fault, as long as your fault does not exceed 50%. Your recovery will be reduced by your percentage of fault.
If you are able, call 911 and request police and medical response. Do not move your motorcycle unless it creates a safety hazard. Take photographs of the scene, your injuries, the other vehicle and any road conditions that contributed to the crash. Get the other driver’s insurance information and contact information for any witnesses. Seek medical attention even if you feel okay. Adrenaline can mask serious injuries.
Yes. If a pothole, uneven pavement, gravel on the road, missing guardrail or other road defect caused or contributed to your crash, you may have a claim against the government entity responsible for maintaining the road. These claims are subject to special notice requirements under Minn. Stat. § 466.05, so it is critical to contact an attorney quickly.
If the at-fault driver has no insurance, you can pursue a claim under your own uninsured motorist (UM) coverage. Minnesota law requires that UM coverage be offered with every auto and motorcycle policy. If you have UM coverage, your own insurance company steps into the shoes of the uninsured driver and pays your damages up to your policy limits.
Every case is different, and the value depends on the severity of your injuries, the extent of your medical treatment, your lost income, the impact on your quality of life and the strength of the liability evidence. Our attorneys evaluate each case individually and can provide a realistic assessment of the potential value after reviewing your medical records and the facts of the crash.
While you are not legally required to have a lawyer, motorcycle crash cases are significantly more complex than typical car accident claims. The anti-rider bias, the exclusion from no-fault coverage and the severity of injuries all create challenges that an experienced attorney is better equipped to handle. Studies consistently show that injured people who hire attorneys recover significantly more than those who handle claims on their own.
If the at-fault driver was using a cell phone at the time of the crash, this is strong evidence of negligence. Minnesota’s hands-free law (Minn. Stat. § 169.475) prohibits holding a phone while driving. Violation of this statute is negligence per se, meaning the driver is automatically considered negligent. Cell phone records can be subpoenaed to prove phone use at the time of the crash.
We fight the bias against riders and pursue maximum compensation.
Contact Birkholz Law today to discuss your case.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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