Because of their size, motorcycles are difficult to see and present unique dangers on the road. Unlike motor vehicles that provide protection through seat belts, airbags, and brake systems, motorcyclists rely on little more than quick reactions and a helmet to ensure their safety. As a result, motorcycle accidents can result in serious injuries to bikers. If you were hurt in a motorcycle accident through no fault of your own, our Sweeney Merrigan Personal Injury Lawyers are here to help.
We have proudly served motorcycle accident victims in Massachusetts for 45 years, giving us the skills and knowledge to take on your claim, regardless of circumstances. We aim to hold liable parties accountable for their negligence and achieve total compensation for your injuries. Due to the often complex nature of the claims, we manage every aspect of the process, so you can focus on recovery and know that your claim is in the best hands. Call our personal injury lawyers at (774) 341-5778 or fill out our contact form to learn more about your motorcycle accident and schedule a free consultation.
Who May Be Liable for Your Massachusetts Motorcycle Accident?
After a motorcycle accident, you may not recall who or what caused the crash and your injuries. We can help you review the details of the incident and identify a liable party, which may include the following:
Driver
Drivers can be responsible for causing motorcycle wrecks by speeding, following too closely, making unsafe left-hand turns, running red lights, failing to yield the right-of-way, texting and driving, and many other acts of negligence. All vehicle operators in Massachusetts must carry minimum amounts of insurance to pay for victims’ injuries after serious accidents.
Employer or Company
If the driver that ran into you was working at the time of the collision, you might have a claim against the driver’s employer. For example, if a UPS truck driver hits you, UPS may owe you compensation rather than the individual driver. Proving vicarious liability for an employee’s negligence could help you obtain maximum compensation for your losses.
Road Maintenance Supervisor
Many motorcycle accidents in Massachusetts occur due to defective and dangerous roadways. Road defects such as cracks, potholes, uneven shoulders, loose rubble, fallen tree limbs, discarded trash, and missing guardrails pose serious dangers to bikers. The city is responsible for maintaining safe roads and highways, so it may be liable if poor road conditions cause an accident.
Part Manufacturer
Vehicle defects, such as bad brakes or defective tires, can also cause a motorcycle accident. If a defective motorcycle part caused your accident or contributed to your personal injuries, the manufacturer or distributor of the item could be liable for your damages. The three main types of part defects are design flaws, production errors, and marketing mistakes.
Multiple Parties
It is possible to hold multiple parties responsible for your motorcycle accident. Massachusetts’ joint and several liability law means each defendant will be liable only for their portion of fault for the motorcycle accident rather than the whole of the plaintiff’s damages. Naming more than one defendant in your case could improve your odds of recovering fair compensation.
Our professional lawyers can help you identify a liable party and gather evidence to prove they neglected their duty to drive carefully and caused the accident and your injuries. Information like medical records, bills, witness testimony, video surveillance footage, photos of the scene, and personal statements allow us to build a strong claim and defend your rights to insurance companies and in court if necessary.
How Comparative Negligence Can Affect Your Motorcycle Accident Claim
Massachusetts uses a modified comparative negligence system, meaning each party involved in the accident receives a percentage of fault for the accident. This percentage gets deducted from everyone’s damages. Those with over 51% liability cannot receive compensation. This system allows victims partially responsible for an accident to recover damages for their injuries.
When determining each party’s portion of responsibility, insurance companies and courts may ask the following questions:
- Was the motorcyclist driving between cars to beat traffic?
- Was the motorcyclist driving too dangerously for the weather conditions at the time of the accident?
- Did the automobile driver fail to see the motorcyclist while changing lanes?
- Did either driver fail to use a turn signal or otherwise obey traffic lights and signs?
- Did either vehicle fail to yield the right of way?
- Was either vehicle operating at an excessive speed?
While you may assume your insurance company will be on your side, they may use tactics to undermine your claim and assign you an unfair fault percentage. We understand these tactics and fight tirelessly to achieve your deserved compensation.
What Is Massachusetts’ No-Fault System?
Under the no-fault system for handling motorcycle accidents in Massachusetts, injured motorcyclists must file a claim with their own insurance company after an accident, regardless of who caused it. However, if your damages exceed $2,000 and include a bone fracture, serious disfigurement, or substantial loss of bodily function such as vision or hearing, you may file a claim with the at-fault party’s insurer. Massachusetts requires drivers and motorcyclists to carry minimum insurance policies for these reasons.
Minimum Motorcycle Insurance Requirements in Massachusetts
In Massachusetts, all drivers must carry auto liability insurance that meets the state’s minimums. The details of the minimum policy include the following:
- At least $8,000 in personal injury protection or no-fault coverage for the policyholder
- $20,000 or more in bodily injury liability coverage for a single person in an accident the policyholder causes
- At least $40,000 in total accident liability coverage for a single accident the policyholder causes
- $5,000 or more in property damage liability coverage for property damage the policyholder causes
- Underinsured/uninsured motorist coverage that meets the same 20/40 requirements above for bodily injury and total accident coverage
Failing to maintain auto insurance in Massachusetts that meets the state’s minimum requirements may have serious consequences.
What Compensation Is Available to Motorcycle Accident Victims in Massachusetts?
Injuries from a motorcycle accident can take serious physical, mental, and financial tolls on your life, all of which deserve recognition and reimbursement. Based on the severity of your injuries and other details of the crash, you may recover the following damages:
- Medical expenses: These may include hospital bills, ambulance and airlift fees, prescription costs, and any costs for necessary ongoing treatments like physical therapy after the accident.
- Lost income: If you missed work or lost your earning capacity due to the liable party’s negligence, you may recover lost wages and benefits.
- Property damage: If the at-fault party does not have sufficient property damage liability coverage, the plaintiff can claim compensation for any repair or replacement bills beyond insurance.
- Pain and suffering: If your claim meets the requirements for an injury claim, you may secure compensation for physical pain, emotional trauma, and mental anguish resulting from the accident.
- Punitive damages: If the liable party displayed gross negligence or a reckless disregard for the safety of others, you might receive punitive damages as well. These damages serve as a punishment to the negligent person instead of a reward for you, so you cannot request these damages in your claim.
With the evidence we help you collect to prove fault, we can also demonstrate the damages you suffered due to the at-fault party’s negligence. We fiercely advocate for a fair settlement and negotiate on your behalf every step of the way.
Reasons to contact an attorney
After a motorcycle accident, your health and recovery should be your top priority. This can be challenging if you attempt to handle your claim on your own. With a high-quality lawyer, you can avoid making mistakes and reducing the value of your claim. Our Sweeney Merrigan Personal Injury Lawyers understand the complexities of motorcycle accident claims and handle every aspect with our utmost care and attention, including the following:
- Conducting a thorough investigation of the accident
- Collecting and analyzing evidence
- Interviewing witnesses
- Utilizing valuable resources like traffic analysts and accident reconstructionists
- Negotiating with insurance companies
- Negotiating with insurance companies
- Calculating your claim’s value
- Filing your claim properly
- Answering all your legal questions
- Taking your claim to trial if necessary
It’s critical to note that state law only gives motorcycle accident victims three years to file their claims after an accident. While this may seem like plenty of time, the complicated process and your injuries can make it challenging to meet this deadline yourself. Our efficient attorneys file your claim swiftly so that you can receive your compensation as soon as possible.
Contact a Trusted Massachusetts Motorcycle Attorney at Sweeney Merrigan Personal Injury Lawyers
Dealing with the aftermath of motorcycle accidents is not easy. Fortunately, you do not have to go through it alone. Our caring Sweeney Merrigan Personal Injury Lawyers are here to support you from start to finish, so you can make the best decisions for your health instead of worrying about the legal process. With our 45 years of experience and extensive knowledge of state law, you can trust us to manage your claim successfully.
Our award-winning motorcycle accident lawyers, including Erin E. McHugh, understand that every motorcycle accident is different and requires a unique approach. Therefore, we consider your needs and goals when creating your customized legal plan. We balance compassion and dedication to get to the heart of your case and build a solid claim to insurance companies and a judge, if necessary. Give us a call at (774) 341-5778 or fill out our contact form to schedule a free consultation today.
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