Massachusetts Motorcycle Accident Lawyer

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After a motorcycle accident in Massachusetts, you might find yourself with more questions than answers. Your feelings of bewilderment and worry are understandable. Dealing with physical injuries, emotional anguish, and mounting bills is a lot to shoulder. You have the right to seek compensation so you don’t have to face serious financial strain on top of everything else. You can find peace and justice with an experienced Massachusetts motorcycle accident lawyer.

Common Types of Motorcycle Accidents

The National Highway Traffic Administration estimates that in 2019 alone, there were over 84,000 motorcycle accident injuries and a little over 5,000 motorcycle deaths. The causes of these accidents were diverse, including all of the following:

• Left-turn Collisions: One of the most frequent types of motorcycle accidents, these occur when a vehicle turns left in front of an oncoming motorcycle, giving the rider little time to react.
• Lane Splitting Accidents: These occur when a motorcycle maneuvers between two lanes of slow-moving or stopped traffic. Some believe lane splitting decreases traffic congestion. However, it also raises the risk of accidents because of the lack of maneuverable space.
• Collisions with Fixed Objects: These accidents typically involve guardrails or poles and are quite hazardous. These accidents often result from loss of control.
• Rear-end Collisions: When a vehicle crashes into the back of a motorcycle, it is often due to the driver's inattention to maintaining a safe following distance from the motorcycle ahead.
• Road Hazards: Potholes, uneven road surfaces, and loose gravel can cause riders to lose control.
• Doorings: These types of accidents happen when the driver of a parked vehicle opens the door in the path of an oncoming motorcycle, leaving the rider with no time to react. Though seemingly minor, these accidents can lead to significant injuries due to the rider's vulnerability.
• Speeding and Alcohol Use: These often result in high-impact collisions with severe outcomes. Speeding reduces the rider's ability to slow down or stop in time to avoid an obstacle. Alcohol impairs judgment and reaction time.
• Highway Accidents: These involve multiple vehicles and high speeds that increase the severity of injuries for motorcyclists.

The Unique Dangers of Lane Splitting

A motorcycle rider who practices "lane splitting" moves between two lanes of halted or slow-moving traffic. Motorcyclists use this driving technique to rush through traffic. In Massachusetts, lane splitting is illegal (MGL ch. 89 § 4A). The following may be reasons why the practice is outlawed:

• Reduced Reaction Time: Motorcyclists need more time to respond to unforeseen road hazards or obstructions, such as quick lane changes from other vehicles or pavement debris.
• Greater Danger of Collisions: Motorcycle riders who ride between traffic lanes risk colliding with other cars, particularly if oncoming traffic fails to notice them or anticipates a motorcycle in their route.
• Higher Speed Differential: When bikers perform a lane split, there may be a larger speed differential between motorcycles and other cars. This maneuver makes it harder for riders to avoid wrecks or control their bikes.
• Limited Space: No room exists for motorcyclists to split lanes. Using this driving strategy in small lanes or moving between vehicles like trucks and buses is more complicated.
• Limited Visibility: Heavy traffic, blind spots, and bad weather restrict the visibility of other motorists to see motorcyclists who split lanes.

Consequences of Motorcycle Accidents

Motorcycle accidents occur in a split second, and the injuries sustained in one of these incidents sometimes last weeks, months, or even a lifetime. The following are the most typical injuries from motorbike accidents:

Brain and Head Traumas

Head injuries, such as concussions, skull fractures, and traumatic brain injuries, are among the most severe injuries that can change a person's life. Following motor vehicle accidents, motorcycle riders may develop long-term symptoms such as:

• Cognitive impairment: Long-term cognitive impairments such as memory loss, trouble-solving tasks, and a reduction in attention span can be brought on by brain trauma.
• Emotional and behavioral problems: Depression, anxiety, irritability, and impulsivity are just a few of the emotional and behavioral changes which can result from brain damage.
• Communication difficulties: People may have trouble speaking, understanding, and expressing thoughts, depending on the extent and location of their brain injury.
• Physical impairments: Loss of motor coordination, convulsions, and persistent discomfort can all result from brain injuries.
• Enhanced risk of dementia: The Alzheimer's Association states that a person with a history of traumatic brain injury (TBI) is more likely to acquire dementia, particularly if they have multiple or severe TBIs.

Therapies for Brain and Head Trauma

A victim of a head injury may experience life-altering consequences, such as paralysis or cognitive impairments. Thankfully, there are therapy alternatives available to motorcycle accident victims to help them enhance their quality of life, including:

• Brain injury rehabilitation programs: The Brain Injury Association of America, among others, have programs can assist people who have suffered brain injuries in regaining their lost capacities and relearning fundamental life skills, including movement, self-care, and communication.
• Medication: Specific symptoms of brain injuries, such as headaches, seizures, and mood disorders, can be treated with specific medications that doctors prescribe. Antidepressant therapy for depression is one example.
• Surgery: Surgery may be necessary to treat physical brain injuries such as bleeding or edema. Surgeons may perform tissue excisions or relieve cerebral pressure.
• Assistive equipment: To aid with mobility, communication, and other daily living activities, people with more severe brain injuries may need assistive devices. Wheelchairs, bath benches, and software for voice recognition are a few examples of assistive gadgets.

Damage to the Spinal Cord

Motorcycling is an adventurous experience. Unfortunately, a spinal injury can bring a tragic end to an adventurous way of life. The following are the outcomes of spinal cord injuries:

• Paraplegia: This type of paralysis primarily affects the lower limbs. Spinal cord damage below the first thoracic vertebrae may be the cause.
• Quadriplegia: Also known as tetraplegia, quadriplegia is a paralysis affecting the trunk, arms, and legs. It may be brought on by a spinal cord injury that happens in the neck area of the spine.
• Loss of sensation: People who suffer from spinal cord injuries lose feeling in the body's afflicted areas.
• Respiration difficulties: The muscles that govern respiration may be impaired, making it difficult to breathe independently, depending on the location and degree of the spinal cord injury.

Effects of Spinal Cord Damage

A victim of spinal cord damage experiences both physical and psychological long-term repercussions. The following are some ways that spinal cord damage affects a victim's life in the long run:

• Loss of mobility: A person may suffer partial or total paralysis, which would limit their ability to move around on their own and go about their daily activities, depending on the location and degree of the spinal cord injury.
• Persistent pain: Spinal cord injuries may result in persistent pain and discomfort, further restricting an individual's capacity for physical activity and negatively affecting their general quality of life.
• Emotional suffering: Feelings of social isolation, anxiety, and sadness are among the emotional aftereffects of spinal cord injury.
• Financial strain: The annual cost of spinal cord injuries, including medical expenditures, rehabilitation, and assistive devices, often exceeds a million dollars. Individuals and their families may experience severe financial hardship due to these costs.
• Modifications to social interactions: A person's social ties may change due to a spinal cord injury. Due to their condition, victims may find it challenging to keep up relationships with friends and family or face stigma and prejudice.

Spinal Cord Injury Treatments

The following are the most typical methods used by neurologists, surgeons, and other medical specialists to treat spinal cord injuries:

• Immobilization: To stop additional damage to the spine, immobilization is the initial step in treating a spinal cord injury. A backboard or neck collar may be used during this course of treatment.
• Medications: Drugs such as corticosteroids can lessen inflammation and edema surrounding the spinal cord. Doctors use other prescription medications to treat pain or stiffness in the muscles.
• Surgery: To remove bone pieces, herniated disks, or other objects pressing on the spinal cord, surgery may be necessary in certain situations.
• Rehabilitation: An essential part of the care for spinal cord injuries is rehabilitation. To help patients regain strength, movement, and independence, physical therapy, occupational therapy, and other forms of treatment may be used.
• Assistive devices: Wheelchairs, braces, and other adaptive gear are assistive devices that can help persons with spinal cord injuries live more independently and participate in daily activities.

Road Rash

What happens when a motorcyclist gets flung from their bike? They may end up rolling down the pavement for several feet. The friction between the biker's contact and the pavement can cause abrasions or scrapes, known as road rash. These painful rashes can take a while to go away. Nerve damage and infections are possible side effects. Among the injuries caused by road rash are:

• Avulsion: This type of injury shows the underlying muscle or bone when a layer of skin gets torn off. Skin grafts may be necessary for avulsions to heal.
• Compression: When a body component gets squeezed between two hard surfaces, it can cause severe cuts and bruises.
• Open wound: The most prevalent kind of road rash damage, the pavement's friction scratches the skin away. This open wound is painful and easily infected.
• Burn: When skin rubs across concrete quickly, road rashes can result in friction burns.
• Contusion: A road rash injury may cause a discoloration or a deep bruise. A contusion may cause excruciating pain and require a lengthy recovery period.

Remedies for Road Rash

The least serious injuries from motorcycle accidents are road rashes. They still need to receive cautious medical attention though. Among the therapies sufferers receive are:

• Cleaning and Dressing the Wound: To stop infection, medical professionals will clean the wound of any filth, debris, or foreign objects before applying a sterile dressing.
• Antibiotics: Bacteria can enter the body through a deep wound. If the road rash damage is severe, doctors may recommend medicines to avoid infection.
• Pain Management: To help manage pain, doctors may offer over-the-counter or prescription painkillers.
• Skin Grafting: When a patient has a severe road rash, surgeons will conduct this treatment. Grafting healthy skin from another body part onto the road rash injury speeds healing and minimizes scarring.
• Physical Therapy: A medical expert may suggest physical therapy to increase flexibility and mobility after the rash wound has healed. PT can help lessen the possibility of scarring and enhance the affected area's overall appearance.

Methods for Avoiding Road Rash

While T-shirts, shorts, and flip-flops are excellent for summertime Massachusetts weather, they are not the best for motorcycle riding. Consider wearing the following outfits to avoid road rash:

• Leather jackets: Because of their resilience and capacity to ward off abrasions in the case of an accident, high-quality leather jackets are a favorite among motorcycle riders.
• Leather pants: Similar to leather jackets, these items can guard against road rash. They can also aid in protecting the hips and knees.
• Riding suits: Specifically made for motorcycle riders, riding suits are one-piece outfits. This riding apparel is sometimes equipped with additional padding for increased safety and comprises leather or other abrasion-resistant materials.
• Gloves: In a collision, motorcycle gloves can assist in shielding the hands from abrasions. Leather and Kevlar are two of the most durable materials for gloves.
• Boots: When riding a motorbike, boots can protect the ankles and feet from cuts and other injuries. For extra protection, don boots with a slip-resistant sole and high-strength materials like leather.

Did you get into a motorcycle accident? Do you have any of the injuries mentioned above? Speak with a knowledgeable Massachusetts motorcycle accident attorney. They can take on your personal injury case and fight to secure your highest possible settlement.

What to Do in the Event of a Motorcycle Accident

After an accident, you should take the following actions:

• Make a 911 call: The 911 operator will dispatch first responders to tend to injured parties. Give the operator information such as the motorbike collision's location, the vehicle's make and model, and the injuries sustained.
• Seek medical assistance: Following a motorbike accident, some severe injuries, such as traumatic brain injuries, do not manifest symptoms straight away. See your treating physician even if everything seems well. Serious health issues could arise from delaying treatment.
• Share information: Names, phone numbers, insurance information, and license plate numbers should all be exchanged with the other driver. These documents will be required if you need to take legal action after a motorbike accident and file a claim with your insurance provider.
• Assemble the paperwork: Gather police reports, insurance policies, damage reports, and medical records. The insurance adjuster uses this documentation to evaluate your claim and establish fault.
• Call your own insurance company: Inform your motorcycle insurance agent about the collision. The procedure of filing a motorbike accident claim is accelerated by this report, enabling you to pay for any upcoming health care or bike repairs.
• Speak with a Massachusetts motorcycle accident attorney: Set up a free consultation with a lawyer concentrating in motorcycle accidents. A skilled Massachusetts motorcycle accident attorney can assist you in defending your legal rights, negotiating with your insurance provider, and securing the maximum amount of money that you are entitled to.

Massachusetts PIP Coverage and Motorcycles

PIP (Personal Injury Protection) coverage is a cornerstone of auto insurance policies in Massachusetts. The policy offers immediate financial assistance for medical expenses and lost wages. Another perk is that payouts are available regardless of who is at fault in an accident. However, PIP coverage for motorcyclists differs quite a bit from automobile drivers.

The Unique Case of Motorcycles

Massachusetts law exempts motorcyclists from mandatory PIP coverage. Why is this? The main reason is that motorcycles are at an inherently higher risk and have a higher severity of injuries. Policyholders face higher premiums, and insurance companies make higher payouts. Additionally, it's harder for insurers to standardize PIP policies among car drivers and motorcyclists. Bike riders are too vulnerable to road hazards.

Knowing your policy's specifics and interaction with Massachusetts law is imperative for an effective recovery strategy. Considering these factors, individuals who ride motorcycles can see other coverage options.

Alternative Coverage Options

The law encourages riders to seek more comprehensive insurance options that better align with the increased risks of motorcycling. Medical payments coverage (MedPay) is an optional insurance coverage. The benefits are similar to PIP in that it covers medical expenses after an accident. Your health insurance may cover injury-related costs. Also, higher liability coverage limits can provide more financial protection after an accident.

Adequate insurance coverage is more than a precaution—it's a necessity. Even though PIP coverage isn't mandatory for motorcyclists, you should make sure whatever coverage you choose is comprehensive in case of an accident. Whatever policy you choose can give you greater peace of mind and financial security.

Massachusetts Motorcycle Helmet Law

For some, riding a motorcycle is a liberating kind of transportation. It's appealing to some Massachusetts bikers because it embodies the spirit of enjoying life on the edge, unrestricted. Notwithstanding its allure, bike enthusiasts are more likely than other drivers to suffer catastrophic injuries or even pass away.

According to the National Highway Traffic Safety Administration (NHTSA), 5,172 motorcycle riders lost their lives in crashes in 2017. The NHTSA also reported that 749 riders might have survived that year if they had worn helmets.

Massachusetts enforces a universal motorcycle helmet law. In other words, motorcycle operators and passengers must wear helmets that meet the Massachusetts Department of Transportation (DOT) safety standards. This law applies regardless of the rider's age or experience level.

Helmets are proven to be highly effective in protecting motorcyclists from severe head trauma, which is a leading cause of death and long-term disability in motorcycle crashes. Massachusetts aims to enhance safety for riders and passengers by mandating helmet use for everyone on a motorcycle.

Compliance with this law is a matter of safety and a legal requirement. Riders caught without a DOT-approved helmet can face penalties, including fines. The law reflects Massachusetts' commitment to road safety and its effort to minimize the public health impact of motorcycle accidents.

Role of Negligence in a Motorcycle Accident Claim

Motorcycle accidents in Massachusetts not only disrupt lives but often leave victims and their families grappling with serious injuries, financial burdens, and emotional trauma. At the heart of many of these accidents lies negligence—a failure to exercise the care that a reasonably prudent person would under similar circumstances. Recognizing the role of negligence is crucial for those affected, as it opens avenues for legal recourse and compensation.

Types of Negligence in Motorcycle Crashes

Many motorcycle accidents stem from negligence. Drivers may neglect the rules of the road in various ways, such as:

• Speeding
• Failing to yield
• Distracted driving

These kinds of oversights contribute to collisions throughout the state. These actions violate traffic laws and highlight the need for a greater regard for the safety of others.

The Way to Prove Negligence in a Motorcycle Accident Injury Case

Negligence forms the foundation of most personal injury claims, including those arising from motorcycle accidents. It shows that another party failed to act reasonably, leading to your accident and subsequent injuries. This concept hinges on duty, breach, causation, and damages.

• Establish Duty of Care: Identify the duty of care owed by the defendant. This means proving that the individual or entity was legally obligated to behave in a specific manner to ensure your safety. For motorists, this includes following traffic laws, driving at safe speeds, and paying attention to the road.
• Prove a Breach of Duty: Demonstrate how the accused party violated this duty. This could involve showing that they were speeding, failed to yield, were distracted, or violated other traffic laws during the accident.
• Link the Breach to Your Injuries: Causation requires showing a direct link between the defendant's breach of duty and your injuries. This means your injuries would not have occurred but for the defendant's negligence. Medical records, accident reconstruction experts, and witness testimony can be pivotal in establishing this connection.
• Document Your Damages: Quantify your damages. This includes medical bills, lost wages, suffering and agony, and other losses from the accident. Comprehensive documentation is key, providing tangible evidence of the accident's impact on your life.

The Role of Comparative Negligence in Your Case

Massachusetts employs a modified comparative negligence system. This means the court examines everyone's actions in the accident. They determine what percentage of fault belongs to each party. If you're found to be less than 51% responsible for the crash, you can still recoup losses. However, your payment is reduced by the degree of fault. For example, if you're 30% responsible and your damages total $100,000, your award would be $70,000.

The Impact of Shared Fault on Motorcycle Accident Cases

For bikers, the stakes are high. The inherent vulnerability of motorcyclists can make injuries severe, leading to substantial claims. Insurers and opposing parties might argue that a motorcyclist's actions contributed to the accident. They might cite speeding, lane splitting, or not wearing visible clothing as contributory negligence. Having a strong advocate on your side is crucial to counter these claims effectively.

Motorcycle Wrongful Death Accidents

Massachusetts law provides a recourse for families affected by motorcycle accidents leading to wrongful death. These legal actions compensate for losing financial support, love, companionship, and more. The essence of a wrongful death claim lies in proving negligence or wrongdoing by another party. These parties include:

• Another motorist
• A manufacturer
• A government entity

In Massachusetts, the ability to file a wrongful death lawsuit is somewhat restricted compared to other legal actions. The executor or administrator of the departed person's estate must file the lawsuit. This individual is often named in the will.

If the deceased did not leave a will, or if the will does not name an executor, the court can appoint an administrator. This process ensures that the lawsuit is brought under the oversight of someone with legal authority to act on behalf of the estate and, by extension, the deceased's beneficiaries and heirs.

The compensation awarded from a wrongful death lawsuit goes to the deceased individual's estate. It can then be distributed to family members and beneficiaries according to the will's provisions or under the state's intestacy laws if there is no will. The beneficiaries typically include the following:

• Deceased's spouse
• Children
• Parents

However, compensation can also extend to other family members depending on the estate plan's circumstances and specifics.

This setup aims to consolidate potential claims under a single representative. This approach streamlines the legal process and ensures an orderly distribution of the compensation according to the deceased's wishes or the law. The law aims to protect all parties' interests and facilitate a fair and efficient resolution to these tragic situations.

Statute of Limitations for Personal Injury Cases

This legal timeframe means that if you've been injured in a motorcycle accident, you typically have up to three years from the date of the accident to file a lawsuit against those responsible for your injuries. This statute is outlined in Massachusetts General Laws Chapter 260, Section 2A.

If you attempt to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. You would lose your legal right to seek compensation for any injuries or losses you endured.

Motorcycle Accident Lawsuit Compensation

Motorcyclists in Massachusetts who are hurt in crashes because of someone else's carelessness are entitled to damages. This financial award covers the accident-related damages or expenses. The damages might be classified as economic and non-economic.

Economic Damages

Economic damages compensate the injured party or the estate of a deceased victim for the financial losses incurred due to the accident. These quantifiable payments typically include the following:

• Health Care Costs: This can include expenses for emergency services, hospital stays, surgeries, medications, physical therapy, and any continuing health care related to the injuries sustained in the accident.
• Lost Wages: This is restitution for the income the injured party lost while recovering from their injuries.
• Property Damage: You are entitled to reimbursement for repairs or the replacement value of the motorcycle and any other personal property damaged in the collision.
• Funeral and Burial Expenses: In the case of a fatal motorcycle accident, the economic damages can include the costs associated with funeral services and burial or cremation.
• Loss of Future Earnings: If the accident results in injuries that prevent the victim from returning to their previous employment or from working entirely, they may be entitled to recover damages for the loss of future earnings and benefits.
• Rehabilitation Costs: Expenses related to physical and occupational therapy, counseling services, and any other rehabilitation services needed to assist the victim in their recovery.
• Modifications to the Victim's Home or Car: These expenses may also be reimbursed if the injured party needs wheelchair ramps or other specialized driving equipment.
• Out-of-Pocket Expenses: This may include any other quantifiable expenses directly related to the accident, such as travel costs to and from medical appointments, hiring help for household duties the victim can no longer perform, and similar expenses.

Economic damages are calculated by summing up all quantifiable financial losses from the motorcycle accident. Sometimes, financial experts assist with the calculation. They employ methods to project future losses, adjust for inflation, and consider the present value of future earnings or care costs.

Documentation like bills, receipts, employment records, and medical reports are the foundation for these calculations to ensure accurate assessment of the losses.

Non-Economic Damages

Non-economic damages refer to compensation for losses that are not financial or economic in nature. These damages cover the impacts of an injury that don't have a direct monetary cost but significantly affect the quality of life of the victim or their family. Here's a list of common non-economic damages that may be awarded in Massachusetts motorcycle accident cases:

• Pain and suffering: Covers the physical pain and discomfort encountered as a result of the accident and during the recovery process.
• Emotional Distress: Compensates the psychological impact of the accident, including conditions like post-traumatic stress disorder (PTSD), depression, and anxiety.
• Loss of Consortium: Deals with the loss of friendship, affection, and support that a spouse or family member experiences due to a serious injury or death of their loved one.
• Loss of Enjoyment of Life: Addresses the diminished ability to enjoy daily activities and hobbies the victim participated in before the accident.
• Disfigurement and Scarring: Payment for the physical changes that affect the victim's appearance, self-esteem, and social interactions.
• Physical Impairment: Covers the loss of physical capabilities and mobility that may result from the accident, affecting the victim's ability to engage in personal, professional, and recreational activities.

Massachusetts law acknowledges these and other non-economic impacts of accidents. Victims and their families can seek compensatory damages for these intangible losses.

The determination of the value of non-economic damages is subjective. It varies widely from case to case, often depending on the injuries' severity, the accident's circumstances, and the victim's personal situation.

Get Help with Your Claim

If you or a loved one has been injured in a motorcycle accident in Massachusetts, choose Cutler & Associates for a legal team. We understand what you’re going through, and we want to help. Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope.

Let us be your advocate, fighting for your rights and striving for the fair resolution you deserve. Reach out to us today at (800) 600-4000 or (617) 542-5000 to set up a free consultation with one of our attorneys.