Your Legal Journey After a Motorcycle Accident in Massachusetts

Motorcycle accidents can lead to serious injuries, extensive medical treatment, medical bills, and lost wages due to a prolonged recovery.  Tragically, these accidents occur because of negligent automobile drivers failing to abide by the speed limits, running through traffic lights, failing to check a blind spot, and many times these accidents result in severe injuries, spinal cord injuries, and even death.  Under Massachusetts law, injured motorcycle riders have the right to seek financial compensation from the negligent drivers’ insurance company through a personal injury lawsuit. These cases are similar to motor vehicle accidents, however per MA law, motorcycles are not entitled to personal injury protection benefits.  Given whats at stake, and the catastrophic injuries typically suffered, its important to speak with a skilled Boston motorcycle accident lawyer to help navigate the legal process.

At the heart of every successful personal injury claim lies the ability to prove negligence. This legal battle revolves around:

• Duty: The duties and obligations of the at-fault driver to the Plaintiff.
• Breach of Duty: The failure to uphold these obligations and duties.
• Causation: The accident and plaintiff’s injuries were caused by this failure.
• Damages: The Plaintiff suffered injuries, losses, and/or property damage as a result of the accident.

Motorcycle crashes in Massachusetts vary, from single-vehicle crashes and high-speed impacts to no-contact accidents and incidents at busy intersections.

• A “No-Contact Accident” occurs when a motorcyclist is forced to quickly maneuver to prevent a crash with a negligent motor vehicle operator, leading to an accident without a direct collision with another vehicle. The rider may have to drop their bike or lay it down to avoid the collision, and in the process sustains injuries.
• Lane-Change Collisions: Vehicles making lane changes can collide with cars, usually absorbing the impact. Motorcycles, on the other hand, risk being toppled or ejected from the road, leading to significant injuries for riders. The motorist initiating the lane change or merge is typically held liable in these instances.
• Following Too Closely Accidents (Tailgating): When a negligent driver fails to maintain a safe following distance, particularly around motorcycles, serious accidents can occur. Generally, a driver who rear-ends a motorcycle due to following too closely is accountable for causing the crash.
• Intersections Collisions: Determining fault in accidents occurring at intersections is often straightforward, guided by traffic signals and signs. The driver who disobeys traffic controls, running a red light or a stop sign, is generally at fault.
• Turning Accidents: Vehicles making left turns must yield to oncoming traffic, including motorcycles. Failing to yield and causing a collision puts the turning driver at fault.

Correctly identifying the nature of your accident and collecting relevant facts is crucial for establishing fault and seeking damages.

The aftermath of a motorcycle collision can lead to a spectrum of injuries, ranging from mild to life-threatening, including but not limited to:

• Surface injuries such as cuts, lacerations, and bruises
• Road rash, characterized by skin abrasions from sliding across pavement
• Traumatic brain injuries (TBIs) alongside other types of head injuries
• Injuries to the spinal cord, as well as other injuries affecting the neck and back area
• Bone fractures and breaks, from minor cracks to complex breaks
• Internal injuries, including organ damage, fractured ribs, and punctured lungs

The severity of these injuries can greatly affect the length and complexity of the recovery process, potentially requiring extensive medical treatment over months or even years.

“Damages” refer to the monetary compensation awarded to individuals who have suffered loss or harm due to the wrongful actions of others. In the context of motorcycle accidents, damages are intended to cover a wide range of losses incurred by the victim, including medical expenses, lost wages, and compensation for pain and suffering endured as a result of the accident. Additionally, damages may cover property damage to the motorcycle and any other possessions affected. The aim of awarding damages is to restore the injured party to the financial position they would have been in had the accident not occurred, as much as possible.

Massachusetts’ commitment to rider safety is evident in the state law mandating helmets for all motorcycle operators and passengers, as per the Massachusetts General Laws, Chapter 90, Section 7. While helmet usage doesn’t prevent accidents, its role in damage assessment, especially concerning head injuries, is significant. Yet, with the help of skilled personal injury lawyers, the focus remains on the negligent driver’s actions.

Understanding the concept of comparative negligence is crucial in Massachusetts motorcycle accident cases, as it can significantly influence the outcome of your claim. Should evidence suggest that you breached any traffic regulations or made errors while riding your motorcycle, a jury might determine you share a portion of the fault, leading to a proportional reduction in your compensation. For example, being deemed 10% responsible for the incident means a 10% deduction in your recoverable damages. Our skilled Boston motorcycle accident attorneys are committed to advocating on your behalf, striving to demonstrate the other motorist’s fault in your crash.

Navigating the insurance landscape and gathering evidence are pivotal steps in securing fair compensation for motorcycle accident victims. When dealing with insurance companies, presenting a strong case supported by comprehensive evidence is crucial. This evidence includes medical records detailing the extent of your injuries, documentation of property damage, witness statements, pictures of the accident scene, and surveillance footage, all underscoring the severity of the motorcycle crash and the negligent driver’s liability. Engaging an experienced motorcycle accident lawyer early can significantly enhance your ability to compile this evidence effectively.

In Massachusetts, pursuant to M.G.L. Chapter 260, Section 2A, the statute of limitations for filing a motorcycle accident claim is three years from the date of the accident. Missing this deadline can significantly impact your ability to recover damages for your injuries, medical expenses, and other losses. It’s essential to consult with an experienced Boston motorcycle accident lawyer promptly to ensure your claim is filed within this timeframe, safeguarding your legal rights.

Immediate action is critical:

1. Seek medical attention to address your injuries promptly.
2. Document the accident scene comprehensively.
3. Engage with a motorcycle accident lawyer to discuss your motorcycle accident claim and understand your legal options.

At Gavagan Law, our expertise lies in navigating the complexities of motorcycle accidents.  With a dedicated team at your side, you can navigate the legal process confidently, focusing on recovery while we fight for your rights. If you or a family member has been injured in a motorcycle accident in Massachusetts and suffered serious injuries, Gavagan Law is committed to obtaining the compensation you deserve for your injuries.  Contact us for a free case evaluation.