Road Rash to TBI: Minnesota Motorcycle Injury Claims
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“blog_title”: “Road Rash to TBI: Minnesota Motorcycle Injury Claims”,
“blog_content”: “
Road Rash to TBI: Minnesota Motorcycle Injury Claims
Why motorcycle crashes cause unique injuries
Riders lack the protective structure of a vehicle, so impacts with pavement or other vehicles can translate directly into bodily harm. Common injuries range from abrasions and fractures to spinal cord damage and traumatic brain injuries (TBI). Even low-speed incidents can cause significant soft-tissue and orthopedic injuries, while high-energy impacts increase the risk of internal injuries and head trauma.
Common injuries: from road rash to TBI
- Road rash and abrasions: May require wound care, infection prevention, and sometimes grafting.
- Fractures and dislocations: Wrist, clavicle, ribs, pelvis, and lower-extremity fractures are frequent.
- Soft-tissue injuries: Sprains, strains, and tendon damage can impair mobility and work capacity.
- Head injuries and TBI: Concussions to severe brain injuries can lead to cognitive, behavioral, and sensory deficits.
- Spinal and nerve injuries: Disc herniations, spinal fractures, and peripheral nerve damage can cause lasting pain and limitations.
- Internal injuries: Organ damage and internal bleeding may not be immediately apparent after the crash.
Minnesota helmet and safety equipment rules for motorcyclists
Minnesota law requires helmets for operators and passengers under 18 and for operators riding on a motorcycle instruction permit. In addition, all motorcycle operators must wear eye protection such as a face shield, goggles, or glasses. Riders over 18 with a valid endorsement are not required to wear a helmet, but doing so can reduce the risk and severity of TBI. See Minn. Stat. § 169.974.
Insurance basics: PIP, liability, and motorcycles
Minnesota is a no-fault state for most vehicles, which means Basic Economic Loss benefits (often called PIP) pay certain medical and wage losses regardless of fault. See Minn. Stat. § 65B.44. However, motorcycles are treated differently: motorcycles are not required to carry the standard no-fault (PIP) security. See definitions and security requirements at Minn. Stat. § 65B.43 and Minn. Stat. § 65B.48. Many motorcycle policies do not include PIP by default. Riders typically rely on motorcycle liability coverage, optional medical payments coverage, and, when an at-fault driver is involved, that driver’s bodily injury liability insurance. Uninsured/underinsured motorist (UM/UIM) coverage on a motorcycle policy can be critical if the at-fault driver lacks sufficient insurance.
Fault and Minnesota’s modified comparative fault rule
Minnesota follows modified comparative fault. You can recover damages if your fault is not greater than the fault of the party from whom you seek recovery, but your compensation is reduced by your percentage of fault. See Minn. Stat. § 604.01. Evidence such as crash reports, witness statements, scene photos, vehicle and helmet damage, and medical documentation can help establish liability and defend against fault arguments.
Economic and non-economic damages
Depending on the facts and coverage available, compensation may include medical expenses, rehabilitation and future care, lost wages and diminished earning capacity, and replacement services. Non-economic damages can include pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving severe injuries such as TBI or spinal cord damage, documenting long-term needs through medical experts and life-care planners can be crucial.
When no-fault thresholds matter
Minnesota’s no-fault law includes tort thresholds that can limit certain pain-and-suffering claims unless specific criteria are met (for example, medical expense, disability duration, permanent injury, disfigurement, or death). See Minn. Stat. § 65B.51. Whether these thresholds apply to a motorcycle crash can be fact-specific and may depend on how the claim “arises out of” the use of a motor vehicle as defined (motorcycles are separately defined). See Minn. Stat. § 65B.43. Given the interplay among multiple policies and UM/UIM claims, consult counsel to evaluate your situation.
Steps to take after a motorcycle crash
- Call 911 and report the crash. Request medical evaluation—even if you feel okay, some injuries emerge later.
- Exchange information and gather evidence: photos, witness names, and police report details.
- Preserve your gear and motorcycle: helmet and clothing can be evidence in head-injury claims.
- Notify your insurer promptly and consider consulting counsel before recorded statements.
- Follow medical advice and keep records of symptoms, time off work, and out-of-pocket costs.
Practical tips
- Do not repair or discard your helmet, jacket, or boots until your claim is resolved.
- Avoid posting crash details on social media; insurers monitor public posts.
- Ask your providers to use accurate cause-of-injury language in records.
- Consider adding UM/UIM and medical payments coverage to your motorcycle policy.
Post-crash checklist
- Get the Minnesota Motor Vehicle Crash Report number.
- Photograph injuries at multiple stages of healing.
- Collect all EOBs, bills, and mileage to appointments.
- Track time missed from work and any job-duty changes.
- Request copies of imaging (X-ray, CT, MRI) on disc.
- Calendar potential deadlines discussed with counsel.
Questions about your case? Our team can help you understand your rights and options. Request a free consultation.
Deadlines can be strict
Legal deadlines for injury claims can be strict and missing them can bar recovery. Time limits may vary based on the type of claim, the parties involved, and the insurance coverages at issue. Consult with counsel promptly to determine which deadlines apply to your situation.
How an attorney can help
An attorney can investigate liability, secure and preserve evidence, navigate Minnesota’s motorcycle and insurance rules, coordinate benefits, negotiate with insurers, and, if necessary, file suit and work with medical and financial experts to present the full scope of your losses.
FAQ: Minnesota motorcycle injury claims
Do I need to wear a helmet to recover damages?
Adults are not required to wear a helmet in Minnesota, but lack of a helmet may be argued by insurers on fault or damages. Minors and permit holders must wear helmets.
What if I was not wearing required eye protection?
Failure to wear eye protection can lead to a citation and may be raised in comparative fault arguments, but you can still pursue a claim depending on overall fault.
How long do I have to file a claim?
Deadlines vary by claim type, coverage, and parties. Speak with a Minnesota attorney promptly to identify applicable statutes of limitation and notice requirements.
What if the at-fault driver is uninsured or flees?
UM/UIM coverage on your motorcycle policy may provide benefits. Report the crash to police and your insurer quickly.
Should I give a recorded statement to the other driver’s insurer?
Not before you understand your rights. Consider consulting counsel first.
Ready to protect your claim? Get your free case review.
Last reviewed: 2025-08-19 (Minnesota law)
“,
“blog_excerpt”: “From road rash to traumatic brain injuries, motorcycle crashes in Minnesota can cause life-altering harm. This guide explains common injuries, how Minnesota’s motorcycle and insurance laws affect your claim, fault and comparative negligence rules, available compensation, and practical steps to protect your rights after a crash.”,
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“blog_category”: [“Personal Injury”, “Motorcycle Accidents”, “Minnesota Law”],
“blog_type”: “Legal Guide”
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- Preserve documents, photos, and communications immediately.
- Avoid recorded statements to insurers without counsel.
- Track expenses, lost income, and impacts as they occur.
