Motorcyclists face many risks when riding in Fargo and North Dakota, such as inattentive drivers and dangerous road conditions. Riders of all skill levels are at risk of sustaining catastrophic injuries during a motorcycle accident because of the lack of protection other motor vehicles offer. Unfortunately, riders are often denied the compensation they deserve for injuries caused by a motorcycle accident.

At Pringle & Herigstad, P.C., our Fargo motorcycle accident lawyers understand the unique issues involved in motorcycle accident claims. We have extensive experience representing riders and fighting for their right to maximum settlements and jury awards.

We are ready to fight for your rights after a motorcycle accident. Contact Pringle & Herigstad, P.C. to schedule a free consultation with a Fargo motorcycle accident attorney.

Personal Injury Lawyers Serving North Dakota

Pringle & Herigstad has been serving North Dakota communities since 1909. We are fierce advocates for injured victims and their families. We have a robust personal injury practice, including extensive experience handling motorcycle crashes, car accidents, and insurance disputes.

Our Fargo personal injury lawyers are trusted and known for their experience in injury law. We have top ratings from clients and peers throughout North Dakota. Our reputation for success comes from handling some of the largest settlements and verdicts in our region. However, it is also based on our firm’s commitment to client service.

Motorcyclists often face unfair bias when filing an accident claim. It is crucial to work with an experienced attorney who understands these issues. Call Pringle & Herigstad, P.C. for a free case review from a Fargo motorcycle accident attorney.

Understanding Motorcycle Injury Claims in North Dakota

North Dakota is a no-fault insurance state. However, motorcyclists are not required to purchase Personal Injury Protection (PIP) coverage. If a rider has PIP coverage, they can file a no-fault insurance claim with their insurance provider. Regardless of whether a motorcyclist has no-fault insurance, they can pursue a claim against a driver who caused their motorcycle accident.

The general steps for filing a motorcycle accident claim against the other driver include:

  • Report the accident to the police by calling 911
  • Gather evidence at the accident scene, such as taking photographs and asking witnesses for contact information
  • Seek immediate medical treatment for injuries and document financial losses
  • File an insurance claim with the other driver’s insurance provider
  • The company assigns an insurance adjuster to investigate the claim
  • The company determines whether its driver was at fault for causing the accident
  • The company may make a settlement offer to resolve the claim if it accepts liability
  • The company denies the claim based on one or more reasons

Motorcycle accident claims can be much more challenging than other vehicle accident claims. Therefore, it is crucial to know important factors that could impact the outcome of your claim.

What Do You Need to Know After a Motorcycle Accident in Fargo, ND?

As experienced North Dakota motorcycle accident lawyers, we know how insurance companies treat motorcyclists during a claim. Important things to know about a motorcycle accident claim include:

You Have the Burden of Proof

In a PIP claim, you can receive benefits without proving fault. However, if you pursue a liability claim for a motorcycle accident, you must prove that the other party caused the accident. The basic elements of negligence in a crash claim include:

  • Duty – The party had a duty to use reasonable care while operating a motor vehicle
  • Breach of Duty – The party failed to meet the duty of care through their actions or inactions
  • Causation – The breach of duty was the direct and proximate cause of the accident
  • Damages – You sustained injuries and harm because of the accident

While you are gathering evidence to prove causation, fault, and liability, the insurance company is building a case to avoid responsibility.

The Insurance Adjuster Is Not on Your Side

An insurance adjuster may tell you they are trying to help you, but they are not on your side. The adjuster works to protect the insurance company from liability. It is the same whether you are dealing with your insurance provider or another insurance company.

Therefore, it is unwise to agree to recorded conversations or provide written statements. The best way to avoid problems is to allow a personal injury attorney to handle communications with the insurance company.

Unfair Bias Will Be Used Against You

There is an unfair bias against motorcyclists. Many people believe riders are reckless and negligent. The insurance company may use this unfounded bias to shift some of the blame for the accident to you.

Comparative Fault Can Hurt Your Case

North Dakota’s law for modified comparative fault bars victims from recovering compensation if they are more than 50% to blame for causing an accident. If their fault is below 50%, the court reduces their compensation by their percentage of fault.

The insurance company will try its best to shift the blame to you to avoid paying the full value of your claim. Our attorneys understand this tactic and have extensive experience fighting allegations of contributory fault in motorcycle accident cases.

Initial Settlements Can Be Lower Than the Value of Your Damages

The insurance company understands you need a settlement as soon as possible. However, the initial settlement offer is generally much lower than the claim is worth. Don’t trust the insurance company to pay you a fair amount if an attorney does not represent you.

Settlement Agreements Waive Important Legal Rights

If you accept a settlement offer, the company will require you to sign a settlement agreement. The terms of this agreement include a waiver of your right to pursue further claims regarding this accident, including the right to file a lawsuit. In other words, you give up your right to file additional claims even if you discover you have additional injuries or losses.

Common Causes of Motorcycle Accidents in Fargo, ND

According to state records, a motorcycle accident occurs about every two days, with a motorcyclist dying in a motorcycle crash every 23 days. Common causes of motorcycle accidents include:

  • Distracted driving
  • Speeding and reckless driving
  • Unsafe road conditions
  • Impaired driving
  • Failing to follow traffic laws
  • Inattentive drivers
  • Road rage
  • Defective motorcycles

Prompt legal advice after a motorcycle crash can improve your chances of success in a claim. Your attorney can act quickly to gather and preserve evidence proving the cause of the crash had nothing to do with your actions.

What Compensation Can I Receive for a Fargo Motorcycle Accident Claim?

Most motorcycle accident claims include compensation for economic damages, including out-of-pocket expenses, medical bills, and lost wages. A rider can also seek compensation for non-economic damages, including pain and suffering, diminished quality of life, emotional distress, and permanent impairment.

In some instances, a jury may award punitive damages against the defendant. The punitive damages are intended to punish the at-fault party for their actions.

The amount you receive for a motorcycle accident claim depends on the circumstances and factors unique to your case. The best way to learn how much you can receive for a motorcycle accident claim is to speak with a Fargo personal injury attorney.

Talk to a Fargo Motorcycle Accident Lawyer Today

Victims may feel overlooked or blamed after a motorcycle accident. The physical and emotional toll can be overwhelming. At Pringle & Herigstad, P.C., we fight for the rights of motorcyclists by negotiating fair settlements and going to court if necessary.

Our legal team is committed to personal attention and excellence in injury litigation. Contact our office today to schedule a complimentary consultation with a Fargo motorcycle accident attorney.