Because of their size, motorcycles are difficult to see and present unique dangers on the road. Unlike motor vehicles which provide protection by way of seat belts, airbags, and break systems, motorcyclists rely on little more than quick reactions and a helmet to ensure their safety. As a result, motorcycle accidents are extremely dangerous for riders. An accident that might otherwise be a small “fender-bender” can be far worse for a motorcyclist.
Motorcycle riders often drive between lanes of slow-moving cars or drive along the shoulder of the road in order to avoid waiting in traffic. Called “lane splitting,” this type of driving is illegal in Massachusetts and can greatly increase the chance of a car-on-motorcycle accident. Although dangerous operation of a motorcycle is a common cause of motor vehicle accidents, many motorcycle accidents occur because the driver of an automobile fails to yield the right of way to a motorcyclist who is operating with due care.
Since Massachusetts is a comparative negligence state, a motorcyclist may be barred from recovering damages if a court finds that he or she was more than 50% at fault for the accident. In determining liability, a court will ask:
Given the fact that Massachusetts is a comparative negligence jurisdiction, it is vitally important to investigate every detail of a motorcycle accident to determine who is at fault. At Sweeney Merrigan Law, we have the expertise necessary to investigate each aspect of an accident. When necessary, we utilize accident reconstruction experts and investigators to fully assess the cause of an accident. We also review an available video footage and examine the damage to each vehicle in order to achieve the most accurate assessment possible.
If you have been involved in an accident with a motorcycle, call Sweeney Merrigan Law today at (619) 391-6001. We will fight for your rights and get you the compensation you fair compensation for your injuries.