Bicycle Accident Claims in Minnesota

A bicyclist has the rights and duties of other drivers, including on the shoulder, and has a pedestrian's rights and duties when lawfully on a sidewalk or crosswalk. Drivers passing a bicycle must leave a safe distance of at least 3 feet and keep it until safely past. Bicyclists may ride on sidewalks except in business districts (unless locally permitted) and where local authorities prohibit it, and must yield to pedestrians there. The sections read do not set a bicycle helmet requirement.

Modified comparative fault (51% bar). The injured person's own fault does not bar recovery if it was not greater than the fault of the person being sued, but damages are reduced in proportion to the injured person's share of fault. The doctrine of last clear chance is abolished.

Minnesota is a no-fault state. Required residual liability coverage is at least $30,000 per person and $60,000 per accident for bodily injury and $10,000 for property damage. Basic economic loss (PIP) benefits must be at least $40,000 per person: $20,000 for medical expenses and $20,000 for income loss, replacement services, funeral and survivor's loss. A person may recover noneconomic damages in an auto case only if medical expenses exceed $4,000 or the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more.

Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims.