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Boston Motorcycle Accident Lawyer

Riding a motorcycle can be a great way to explore Boston. However, bikers have fewer protections than drivers and are at a higher risk of injuries in accidents. Sometimes, no matter how safe you are while riding your motorcycle, someone else may neglect their duty to care for your safety. If you suffered injuries due to another person’s careless actions, our Boston motorcycle accident lawyers are here to help.

In our 45 years of experience, we have helped motorcycle victims seek justice and receive the compensation they deserve. We take a compassionate and personalized approach to every claim, creating a unique plan based on your needs and goals. Our dedicated team handles every aspect of your claim, so you can focus on recovery instead of worrying about the complicated legal process. We offer a free consultation to all potential clients, during which we listen to your story and determine the best path to secure a fair settlement. To schedule yours, call (617) 391-9001 or fill out our contact form.

How Can a Boston Motorcycle Accident Attorney Help With Your Claim?

After a motorcycle accident, your recovery should be your top priority. However, this can be difficult if you attempt to handle your claim yourself. Our Sweeney Merrigan Personal Injury Lawyers give you the best chance of achieving a successful outcome by managing every aspect of your claim, including the following:

  • Use our resources to conduct a comprehensive investigation to find out what caused the accident
  • Determine who is legally responsible for paying your damages
  • Protect you when the insurance company tries to pin blame for the accident on you
  • Consult with respected experts to find out what your motorcycle accident case is really worth
  • Negotiate with the insurance company to recover the most compensation available
  • Communicate with you and your family every step of the way so that you know what’s happening and what to expect

Our Boston motorcycle accident lawyers also help you file your claim on time. Massachusetts law only gives victims three years to file. This may seem like a lot of time, but the process can be complicated, and your recovery can be extensive. With our unmatched legal services and efficient approach, we file your claim swiftly so that you can receive compensation as soon as possible. Furthermore, contacting a Boston motorcycle accident lawyer allows you to take advantage of your opportunity to defend your rights and achieve a fair settlement.

How Common Are Motorcycle Accidents?

National Highway Traffic Safety Administration (NHTSA) data shows that 5,932 were killed in motorcycle accidents across the United States in 2021, which contributed to 14% of all traffic fatalities for the year and was also an 8% increase from 2020. This was the highest recorded number of motorcycle fatalities since 1975. In addition to that, an estimated 82,686 motorcyclists were injured in 2021, which was a 5% increase from 2020. 

Motorcyclists are 28 times more likely to be killed in a crash when compared with occupants in passenger vehicles. Nationwide, the fatality rate for motorcyclists is approximately 57.52 per every 100,000 registered motorcycles.

Massachusetts Motorcycle Accident Statistics

What about in Massachusetts? According to crash data published by the Massachusetts Department of Transportation, there were a total of 1,731 motorcycle accidents in the Commonwealth in 2019.

That included:

  • 46 fatal motorcycle accidents
  • 1,236 injury accidents

In 2020 despite the fact that the nation was essentially shut down because of a pandemic, there were still 1,644 motorcycle accidents in Massachusetts.

What Damages Are Available to Motorcycle Accident Victims in Massachusetts?

If you were hurt in a motorcycle wreck that someone else caused, you’re entitled to financial compensation for your out-of-pocket costs and inconvenience. The exact amount will vary from case to case, but you may be entitled to compensation for:

  • Medical bills
  • Lost wages
  • Future medical expenses
  • Reduced future earning potential
  • Physical therapy
  • Long-term care
  • Disfigurement and scarring
  • Disability 
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Damages for wrongful death

The insurance company might put a settlement check on the table quickly after your accident. If this happens, be suspicious.

While getting money in your pocket right away is appealing, you might be settling for far less than what your case is worth. 

Insurance companies bank on the fact that motor vehicle accident victims need cash now.

By accepting without legal advice, you’re letting the insurance company decide what your injuries are worth. Instead, you can take action and call Sweeney Merrigan Law, LLP for help. When you hire us, we bring in experts who can find out what your case is really worth.

Even better? We work on a contingency basis, so you don’t have to worry about paying us anything up front. Just give us a call today to learn more about establishing an attorney-client relationship.

How Is Fault Determined in a Motorcycle Accident?

Determining fault is a crucial aspect of securing compensation for your motorcycle accident. You must be able to attribute fault to the party whose negligence caused your accident through a solid claim strengthened by evidence. 

As the plaintiff, you bear the burden of proving that the other party:

  • Owed you a duty of care
  • Acted negligently
  • Caused the accident because of their negligence

If these three requirements are met, they will likely be found at fault and liable for your losses. 

Unfortunately, fault determination can be a complex and lengthy process. It could involve multiple liable parties, and gathering sufficient evidence such as testimonies, photos, witness statements, and reports can require significant skill and foresight. 

Experienced motorcycle accident lawyers can be a helpful resource. They may have the knowledge and resources necessary to help you gather evidence, build a claim that will effectively establish liability, and secure the highest possible settlement for you.

What Potential Damages Can You Recover After a Motorcycle Accident in Massachusetts?

The value of a motorcycle accident claim is determined by numerous factors related to the damages the plaintiff has suffered. In a personal injury case, your losses are usually divided into economic and non-economic damages. An experienced Boston motorcycle accident lawyer may be able to estimate the value of your claim by evaluating these damages and the influence of other crucial factors.

Economic Damages?

Economic damages, also known as special damages, are essentially the victim’s financial losses with an exact dollar value, like lost wages and medical expenses incurred due to the accident. Economic damages can also include losses such as:

  • Permanent injuries
  • Earning capacity 
  • Employment benefits
  • Vehicle repair or replacement

We can help you prove these damages by gathering evidence like quotes, medical bills, and pay stubs.

Non-Economic Damages?

Non-economic damages, sometimes called general damages, typically refer to losses that don’t have an exact monetary value, like pain and suffering, emotional distress, and reduced quality of life. Our experienced lawyers understand how to calculate these damages and accurately determine your claim’s worth. One way we do this is by having you journal how your injuries make you feel, the appointments you attend each day, and other ways your life has changed since the accident. This helps convey these more abstract damages and prove their existence.

Punitive Damages

If the at-fault driver was acting with malicious intent, the court might award you punitive damages to penalize the defendant for their recklessness. These damages serve as a punishment for the liable party instead of a reward for the victim. While you cannot request these damages, we can collect evidence that proves the negligent party acted maliciously.

It’s also crucial to note that Massachusetts uses a modified comparative negligence system when awarding damages in motorcycle accident claims. Each party receives a percentage of fault for the accident, which gets deducted from their damages. With this system, you can still recover damages even if you were partially at fault. However, those with over 51% of the responsibility cannot collect damages.

For example, if your claim is worth $100,000, and you are 20% at fault for veering slightly into another lane, you will receive $80,000 for your injuries. Unfortunately, insurance companies often try to assign victims an unfair fault percentage so that they don’t have to give them the compensation they deserve. We are familiar with these tactics and know how to fight back to protect your rights and achieve a fair settlement.

Can Massachusetts Laws on Shared Fault Impact My Right to Compensation?

Massachusetts follows modified comparative negligence rules. Sharing fault doesn’t automatically disqualify you from recovering compensation. However, you will lose your right to compensation entirely if you’re found to be 51% or more “at fault” for the crash.

Even if you only played a minor role in the accident, your damages award can be reduced in proportion to your share of the blame. Say you were found to be 20% responsible. A $100,000 compensation award can be reduced by 20%, to $80,000.

Insurance companies know this. They’ll try to blame you for causing the accident or making your injuries worse. For example, they might argue that your helmet did not comply with state helmet laws. They might even try to accuse you of lane splitting, which remains illegal under Massachusetts law.

Our Boston personal injury lawyers at Sweeney Merrigan Law, LLP are familiar with these tactics. We know how to fight back and protect your right to fair compensation.

What Are the Leading Causes of Motorcycle Accidents in Boston?

Motorcyclists make up less than 4% of all registered vehicles in the United States, but they make up approximately 14% of traffic deaths. You’re over 28 times more likely to be in a fatal crash on a motorcycle than in a passenger car. Many different factors can cause a motorcycle accident, some of which include:

  • Tailgating
  • Illegal turns
  • Speeding
  • Distracted driving
  • Unsafe lane changes
  • Drunk driving or driving under the influence of drugs
  • Driver inexperience
  • Failure to stop at a red light or stop sign
  • Motorcycle defects
  • Road hazards
  • No-Contact

Motorcycle accidents often occur due to the negligence of multiple parties, so it’s essential to examine every detail of the crash. Our hardworking lawyers do everything they can to discover what happened, so we can hold the liable parties accountable for their careless actions.

motorcycle accidents can cause catastrophic injuries in boston

Obeying the helmet laws in Massachusetts can save lives. The state of Massachusetts requires all riders and motorcycle passengers to wear a helmet.

Unfortunately, even with proper protective gear, many motorcyclists suffer serious injuries every year.

At Sweeney Merrigan Law, LLP, our Boston motorcycle accident attorneys represent clients who have suffered:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Burn injuries
  • Head and neck injuries
  • Concussions
  • Broken bones
  • Crush injuries
  • Road rash
  • Degloving
  • Traumatic amputations and loss of limbs
  • Internal organ damage
  • Paralysis
  • Catastrophic injuries

Some motorcycle accidents are so serious that riders don’t survive the injuries. If that’s the case, our legal team can help surviving family members recover compensation for the wrongful death of a loved one.

Understanding Liability in Massachusetts Motorcycle Accident Claims?

Motorcycle accidents often happen quickly, making it challenging to determine who was at fault right away. Our experienced lawyers can help you evaluate the details of the crash to identify a liable party, which may include the following:

  • The driver in another car or truck
  • Employers of negligent drivers
  • Pedestrians or bicyclists
  • Manufacturers of a defective vehicle component
  • Government transit authorities

Once we know whose negligence caused the accident and your injuries, we can help you gather evidence that fulfills your burden of proof. This is your responsibility as the victim filing a claim to prove the following points:

 

  • The at-fault party owed you a duty of care.
  • They breached this duty and acted negligently.
  • Their negligence caused the accident, your injuries, and other damages.

 

Fault determination can be a complex and lengthy process. It could involve multiple liable parties, and gathering sufficient evidence such as testimonies, photos, witness statements, and reports can require significant skill and foresight. Our dedicated lawyers can be helpful resources by using their knowledge and resources to build a strong claim and secure a fair settlement.

What’s the Deadline for Filing a Motorcycle Accident Lawsuit in Boston, MA?

It’s important not to let much time go by if you were hurt in a motorcycle accident. We know it’s a difficult time for your family, but you might lose your right to compensation if the statute of limitations runs out.

The statute of limitations puts a time limit on your right to sue for damages. Under Massachusetts law, you’re required to file your personal injury lawsuit within three years of the motorcycle accident. Once three years are up, you’re generally barred from filing a lawsuit–even if your injuries were severe.

What Can I Do to Reduce the Risk of a Motorcycle Crash in Suffolk County, MA?

That might leave you wondering what motorcyclists can do to protect themselves. There are some key findings on increasing motorcycle safety. 

They include:

  • Wearing an approved helmet and proper protective gear
  • Taking a state-approved motorcycle safety course
  • Becoming familiar with your particular motorcycle
  • Checking the motorcycle’s tires, brakes, signals, and headlights before every ride

While these precautions can save lives, there isn’t much a motorcyclist can do about other careless drivers on the roads.

Contact Our Experienced Boston Motorcycle Accident Attorneys Today So We Can Help

If you suffered injuries in a motorcycle accident due to someone else’s negligence, you deserve top-notch representation that will handle every aspect of the legal process while you take the time to heal. Our Boston motorcycle accident lawyers can help you do just that with our high-quality legal services Massachusetts residents have trusted for over 45 years. We have worked on all types of motorcycle accidents, so we can take on your case with passion and drive.

With professionals like Peter M. Merrigan and Kyle A. Camilleri on your side, you receive top-tier, personalized attention. We listen to your story during your free consultation to understand your unique needs and what we have to do to achieve full compensation for your injuries. We maintain consistent and transparent communication throughout the entire process so you understand the full scope of your claim and your legal options. To schedule your complimentary case consultation, call (617) 391-9001 or fill out our contact form.

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Attorneys at Sweeney Merrigan Law, LLP have been recognized and honored by several of the top legal associations, including SuperLawyers, National Trial Lawyers Association, and Best Lawyers.

Over $500 Million Recovered

Sweeney Merrigan Law, LLP is a highly successful personal injury law firm serving Massachusetts since 2011.

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Meet the Personal Injury Attorneys at Sweeney Merrigan Law, LLP