This is the next post in our series on Rochester, Minnesota motorcycle accident cases. Our last article discussed the need for expert witnesses in cases involving a motorcycle accident. We strongly recommend that you retain a personal injury lawyer with the financial resources necessary to retain such experts or you run the risk that your claims may not be properly presented to the jury. In this article we will discuss claims commonly made by the defense in these types of cases and how a plaintiff’s attorney can counter those claims. Contact our office to speak with an attorney if you or a loved one have been injured.
Defense attorneys often attempt to place blame for an accident on the motorcycle rider. They may claim that the rider was speeding, weaving in and out of traffic, or otherwise behaving recklessly. As we explained in a previous article, however, Minnesota’s comparative fault laws allow a motorcycle accident victim to recover damages even if the rider was partially to blame for the accident. Moreover, there are tools available to prove fault if the issue of liability is not clearly established from the responding officer’s accident report.
Discovery can be used to gain evidence of the defendant’s liability. Discovery may reveal video footage of the accident, witness statements indicating who was at fault, or other evidence (such as phone records that prove distracted driving). If necessary, your counsel can retain an accident reconstructionist to visit the scene of the incident and to view the wreckage so they can issue an expert opinion about liability.
Jury selection can be critical in these types of cases. A large percentage of the public does not ride a motorcycle. In fact, many have never even been on one. In spite of this, there tends to be no shortage of opinions about those who do ride a motorbike. Some consider motorcycles extraordinarily dangerous and may have negative opinions of those who ride them. This is why it is crucial that you retain counsel experienced in conducting voir dire (questioning potential jurors) and in selecting a jury. It is vital that you are not left with jurors who are hostile to your case before they have even heard any evidence.
Our Rochester motorcycle accident attorneys have extensive experience in litigating matters, selecting juries, and taking cases to trial. Our firm has recovered more than $125 million on behalf of victims. Contact us today for assistance.
We also serve the following southeast Minnesota cities: Red Wing, Winona, Mankato, Austin, Albert Lea, and Owatonna, as well as the cities of Minneapolis, St. Paul, Duluth, and Bloomington. We also serve the Iowa cities of Mason City, Charles City, Osage, Spencer, Garner, Forest City, and Northwood and the Wisconsin cities of La Crosse, Onalaska, Sparta, Viroqua, River Falls, Ellsworth, Whitehall, and Black River Falls.