Fargo Motorcycle Accident Lawyers
North Dakota’s riding season is short, but the roads that motorcyclists share with passenger vehicles and commercial trucks during those months carry serious risks. A car that fails to yield at an intersection, a truck that changes lanes without checking its mirrors, or a vehicle that merges improperly, all can turn a straightforward ride into a life-altering event.
Motorcycle accident claims require a specific kind of attention. Insurers frequently approach these cases with mistaken assumptions about rider conduct that are not supported by the facts, and injured riders who handle their own claims often find that bias working against them in ways they did not anticipate. When a motorcycle accident leaves you with serious injuries and mounting financial pressure, Vogel Law Firm’s motorcycle collision lawyers are prepared to help you pursue the compensation the situation warrants.
Our personal injury and wrongful death attorneys have represented injured motorcycle riders across the region for more than 140 years, and we know how to build a motorcycle claim that will overcome the bias and adverse assumptions that blame the rider. We will hold the responsible parties accountable.
Why Choose Vogel Law Firm’s Fargo Motorcycle Accident Lawyers
Countering Bias Against Motorcyclists
Insurance adjusters and defense attorneys often approach motorcycle accident claims with a predetermined conclusion that the operator was speeding, riding aggressively, engaged in exhibition activities, or otherwise contributed to their own injury or death. That narrative is frequently applied without factual support and used simply as a strategy to reduce or deny claims.
Our Vogel Law Firm motorcycle accident lawyers build cases from the evidence outward, not from assumptions made before a collision occurs. Accident reconstruction, witness accounts, road condition information, and vehicle data all go into establishing what actually happened..
Regional Knowledge of North Dakota Riding Conditions
The roads motorcyclists travel in our region carry hazards unique to motorcycle operators. The roadways often curve around lakes, contain inclines and declines, and are crowded with commercial vehicles and farm equipment, all of which can create unique operating circumstances. Our attorneys understand these conditions and factor them into every claim we build for injured riders in this region.
Depth of Resources Behind Every Claim
Motorcycle accidents often result in serious injuries or death and require preparation by an attorney with a history of helping people. At the Vogel Law Firm, we have the experience necessary to successfully represent your interests.
With more than 40 attorneys across our regional offices, the Vogel Law Firm has the institutional depth to investigate motorcycle accident claims thoroughly, retain expert witnesses when needed, and pursue claims against well-insured defendants who have experienced defense teams working against our clients. Founded in 1880, our firm brings a depth of experience to these cases.
No Upfront Costs
Our motorcycle accident practice operates on a contingency fee basis. There are no upfront legal fees and no charges unless we recover compensation on your behalf. A free initial consultation is the starting point and your opportunity to understand your situation and options without any financial commitment.
Motorcycle Law and Your Claim
Motorcycle accident claims are governed by the same comparative negligence framework that applies to other personal injury matters, but several aspects of motorcycle law create considerations specific to these cases.
Helmet and Gear Documentation
Minnesota and North Dakota do not require an operator or passenger over the age of 18 to wear a helmet. Operators or passengers under the age of 18 are required to wear a helmet. While it may not be required by law, the absence of a helmet or required eyewear can become a factor in determining how an injury or death occurred and a defense attorney will use that information to limit your claim. Our attorneys address these issues directly in the claims we build, ensuring that the non-use of this equipment does not improperly limit your claim.
Comparative Negligence and Rider Fault
In North Dakota and Minnesota, the courts use a comparative negligence system that allows a recovery that is reduced in step with the percentage of fault allocated to the injured rider. For example, if the other operator was 80% at fault, then an injured party or decedent’s family would receive 80% of the damages owed. In motorcycle cases the defense and insurance company will push to allocate the majority of fault to the motorcycle operator which, in some circumstances, will prohibit and eliminate a claim for damages in its entirety. Our attorneys challenge those arguments with evidence, not assumptions, and pursue fault allocations that accurately reflect what the evidence shows.
Common Causes of Motorcycle Accidents
The motorcycle accidents we handle arise from a range of circumstances, each with its own liability questions and evidentiary requirements. While most liability insurance carriers will try to initially blame the motorcycle operator, we have found that with the proper investigation, the motorcycle operator is generally found innocent of any wrongdoing or improper operation.
Failure to Yield and Intersection Accidents
One of the most common scenarios for motorcycle collisions is when a car, pickup truck, or semi turns left at an intersection or pulls out from a stop sign directly in front of the motorcycle.
Drivers frequently misjudge a motorcycle’s speed or simply fail to see what is directly in front of them, and the resulting collision leaves the rider with little protection against impact. Intersection accidents generate a disproportionate share of serious motorcycle injury claims and deaths. In order to establish fault, the Vogel Law Firm personal injury and wrongful death motorcycle attorneys gather investigative reports, witness statements, surveillance footage, and traffic signal data, among other things.
Lane Change and Merge Accidents
Commercial trucks, pickup trucks, and passenger vehicles that change lanes without adequately checking blind spots often create serious hazards for motorcycles traveling in other lanes. A motorcycle occupies a smaller visual footprint than a passenger vehicle, and drivers who rely on mirrors without physically checking blind spots may not register the presence of a rider until after impact. Our attorneys establish the other driver’s fault through witness accounts, dashcam footage, and the physical evidence of impact.
Drunk and Impaired Driving Accidents
An impaired driver who strikes a motorcyclist faces both criminal charges and civil liability, and each operates independently of the other. Our Fargo motorcycle accident lawyers pursue civil claims on behalf of injured riders based on the full record of the at-fault driver’s conduct.
Dooring Accidents
In urban corridors and parking areas, a driver or passenger opening a vehicle door into the path of an oncoming motorcycle may create a sudden and unavoidable impact. Dooring accidents happen quickly and leave riders little opportunity to react. Liability in these cases typically rests with the person who opened the door without checking for approaching traffic, and our attorneys document those circumstances carefully when building a dooring accident claim.
Gravel and Rural Road Accidents
The rural roads in our region present specific hazards for motorcyclists. Loose gravel surfaces, narrow shoulders, limited lighting, and agricultural equipment entering from field access points are all unique to our region and present challenges when reconstructing a collision. When another driver’s negligence on a rural road causes a motorcycle accident, the remoteness of the location can complicate evidence collection and emergency response, both of which affect how the claim develops. Our attorneys understand rural accident dynamics and the documentation challenges they present.
Injuries and deaths in Motorcycle Accident Cases
Motorcycle accidents frequently cause injuries of a severity that reflects the absence of structural protection around the rider. Deaths often occur. From a legal perspective, the nature and permanence of those injuries directly shapes the value and complexity of the claim.
Traumatic brain injuries are a significant concern in motorcycle accidents involving high-speed impacts or ejections. Their legal significance lies in the documentation they require and their potential to affect long-term employment, cognitive function, and quality of life in ways that demand expert analysis in order to preserve the evidence and to support the claim for the compensation necessary to provide the means that long term medical care requires.
Spinal injuries, road rash, orthopedic fractures, and internal injuries all carry similar implications for claim valuation and the complexity of presenting future damages accurately. The more serious and permanent an injury, the more important it is to have attorneys who understand how to quantify lifetime losses, retain the right experts, and how to present a comprehensive damages picture that reflects what the rider has actually lost and will continue to lose going forward.
FAQ for Vogel Law Firm’s Motorcycle Accident Lawyers
Does not wearing a helmet affect my motorcycle accident claim?
Not necessarily. North Dakota and Minnesota do not require riders or passengers over the age of 18 to wear helmets, so the absence of helmet use does not constitute a per se violation of law. However, insurance adjusters and defense attorneys will argue that the absence of a helmet contributed to the severity of the head injury and will claim that had a helmet been worn, the injury would have been less significant. They will seek to allocate a portion of fault to the rider on that basis. It is a defense we have seen and successfully refuted in many motorcycle injury and death cases over our decades of experience representing families and individuals who have been involved in motorcycle crashes.
What if the driver who hit me claims they did not see me?
The failure to see something in plain sight is not a defense or an excuse for causing a collision that seriously injures or kills a motorcycle operator. Witness accounts, dashcam footage, the physical evidence of impact, and accident reconstruction evidence can all establish that the motorcycle was visible and that the driver’s failure to see the motorcycle is evidence of the driver’s negligence. It is important that the Vogel Law Firm’s motorcycle collision attorneys be involved in these cases as soon as possible in order to preserve this important evidence.
How does the comparative fault system apply to motorcycle accidents?
When a motorcycle operator’s conduct contributes to a collision, the percentage of fault attributable to the motorcycle operator may reduce the amount of damages they or their family may claim. For example, if the motorcycle operator was 20% at fault on a million dollar case, they or their family would recover $800,000. In some cases, if the motorcycle operator was responsible for the majority of fault, that conduct may act to bar or eliminate the claim and no recovery will take place.
This is one of the most important reasons to contact a Vogel Law Firm motorcycle collision attorney right away. The sooner we can work on your behalf to gather the evidence regarding what happened and who caused the collision, the more likely you or your family will receive full financial compensation for your losses.
How long do I have to file a motorcycle accident claim?
In North Dakota and Minnesota, the general time to make a personal injury claim is six years from the date of the accident. The general time to make a wrongful death claim in North Dakota is two years from the date of the collision and in Minnesota, it is three years from the date of the collision.
There are exceptions to this rule however and if the state, county, city or other governmental agency played a part in causing the collision, the time to make a personal injury claim may be much shorter.
The laws are always subject to change and the time allowed to make a claim may have changed between when we made this post and when it was read. In order to preserve your potential claim, it is very important to contact one of the Vogel Law Firm’s motorcycle collision attorneys as soon as possible to learn your rights and preserve your ability to make a claim.
The Road Back Starts With the Right Team
Recovering from a serious motorcycle accident takes time, focus, and energy. Our motorcycle accident lawyers handle the claim, manage the insurers, and pursue every avenue of compensation your situation supports so you can put your energy toward getting back on your feet.
Call us or reach out online to schedule your free consultation.
